personal injuries - The International Insurance Forum

Report
MINIMUM LIMITS OF INSURANCE
The limits in Turkey for 2014 are as follows:
Property damage:
EUR 9.000 (26.800 TL.) per vehicle and
EUR 18.000(53.600 TL.) per accident.
Bodily injury:
EUR 90.000 (268.000 TL) per victim and maximum
EUR 2.770.000 (8.308.000 TL.) per accident.
MINIMUM LIMITS OF INSURANCE
Starting from June 2012 insurance limits in EEA
countries will be:
Property damage:
EUR. 1.120.000 per claim,
whatever the number of victims.
Bodily injury:
EUR. 1.120.000 per victim or
EUR. 5.600.000 per claim,
whatever the number of victims.
POLICE REPORT VERSUS
CONSTAT AMIABLE
Since April 2008 a constat amiable has been
used in Turkey regarding accidents which
involve only material damage. For accidents
involving personal injuries and death a police
report has to be issued.
The situation is similar in most european
countries.
DIRECT COMPENSATION SYSTEM
In some countries damaged party can apply
and get compensated by his/her own MTPL
insurer (example: France, Italy).
There is an agreement beween insurers
regarding recourse.
It is not applied in Turkey.
DIRECT COMPENSATION SYSTEM
First Party Cover:
MTPL insurer compensates the injured driver
even if he/she is at fault (Sweden). It is not
applied in Turkey.
TRUCK-TRAILER SITUATION
In Turkey, trailers which are not used to carry
passengers are not required to be covered by a
seperate MTPL policy.
Such trailers are covered by the MTPL policy of
the truck they are attached to.
If the truck can not be identified then there is
nobody to compensate the victim because the
Guarantee Fund does not cover property
damages.
TRUCK-TRAILER SITUATION
The situation in the EU varies from country to
country.
In most countries trailers are covered by the MTPL
insurer of the truck they are atached to.
If the truck can not be identified usually the
Guarantee Fund compensates the victim.
In others the victim is entitled to apply either to the
MTPL insurer of the truck or the trailer.
TRUCK-TRAILER SITUATION
In Germany for instance according to a recent
decision of the Supreme Court compensation is
divided between MTPL insurer of the truck and
trailer as 50/50 %.
In Spain the liability is 70/30 % for the truck and
trailer respectively.
TOTAL LOSS, CAR HIRE COSTS,
LOSS OF USE
Regarding total loss there is no specific criterion
in Turkey about what constitues a total loss.
Total Loss = damage beyond repair.
Total Loss = repair costs > the replacement value
of the vehicle (second-hand value of the vehicle
minus salvage)
TOTAL LOSS, CAR HIRE COSTS,
LOSS OF USE
However,some countries have specified a certain
percentage for a total loss.
If the repair costs exceed a certain percentage of
the replacement value of the vehicle then the
vehicle is considered a total loss. For example
130% in Germany, 80% in Bulgaria.
TOTAL LOSS, CAR HIRE COSTS,
LOSS OF USE
Car hire costs and loss of use are not covered by
the turkish MTPL insurance.
In many EU countries the victim can choose to
apply either for car hire or loss of use.
Some countries have restricted car hire costs and
loss of use to cases only where the vehicle is
required for business purposes.
TIME TO MAKE AN OFFER TO THE
CLAIMANT AND SETTLE A CLAIM
The time period to settle an MTPL claim in
Turkey is 8 working days on condition that all
necessary documents are complete.
According to EU Motor Insurance Directives the
MTPL insurer has to make a reasoned offer to
the claimant within a period of 3 months
maximum from the date of the claim notification.
PERSONAL INJURIES
Cost of medical treatment
Starting from 2011 MTPL insurers in Turkey are no
longer responsible for compensating victims in
respect of medical treatment costs.
Instead,the insurers transfer approximately 15% of
their MTPL insurance premium to the Social Security
Institution.
All hospitals are required to provide medical
treatment to a victim of a road accident free of
charge.
PERSONAL INJURIES
Cost of medical treatment
In some EU countries there is a similar system.
In some countries, there is no transfer of a certain
percentage of premiums in advance from the MTPL
insurer to the Social Security Institution and this
institution is entitled to recourse.
PERSONAL INJURIES
Loss of earnings:
In all countries including Turkey loss of earnings
due to inability to work are covered.
Funeral expenses:
In all countries including Turkey such expenses
are covered.
PERSONAL INJURIES
Compensation for pain and suffering
(moral damage)
This kind of compensation is not covered by the
compulsory MTPL insurance in Turkey.
The victim has the right to request moral damage
compensation from the liable driver/operator of the
vehicle but can not claim it from the MTPL insurer.
PERSONAL INJURIES
Compensation for pain and suffering
(moral damage)
In the EU countries (except Malta) compensation for
pain and suffering is paid.
The level of compensation varies from country
to country.
Some countries use table systems:
Spain, Italy, France.
No table system exists in others:
Germany, The Netherlands, Austria, Portugal,UK.
GUARANTEE FUNDS
The Turkish Guaantee Fund does not cover
property damages except when the insurer has
gone bankrupt.
Only bodily injury such as treatment expenses,
disability or death are covered.
It is in contrast with the EU Guarantee Funds which
cover both property damage and bodily injury.
LEGAL COSTS AND COURT FEES
In Turkey out-of-court lawyer’s fees are not paid
by MTPL insurers.
In case of a court case, the MTPL insurer of the
losing party has to pay court fees and a certain
amount of the opposite party’s lawyer fees.
LEGAL COSTS AND COURT FEES
The situation in the EU varies from country to country.
In most of them court fees are paid by the MTPL
insurer of the losing party and regarding out-of-court
lawyer’s fees the situation again depends on the
country.
LIABILITY LAW
In Turkey the damaged party can request
compensation from both the driver, operator and
MTPL insurer.
Strict liability is applied in respect of the operator
of a vehicle.
However, in order for the operator and the MTPL
insurer to be liable the driver has to be at fault
(he has to break a traffic rule). Therefore, in respect
of the driver fault based liability is applied in Turkey.
LIABILITY LAW
Some EU countries have adopted a strict liability
system.
Many EU countries have adopted a strict liability
system alongside a fault system.
As a result, many Member States in fact combine
both systems.(Fault liability for property damage
and Strict Liability for personal injuries).
THANK YOU

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