Changes to Compulsory Motor Vehicle Liability Insurance General Terms
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
This change updates the general terms for compulsory motor vehicle liability insurance in Türkiye. It clarifies who counts as the insured person, adds a definition for durable digital records such as SMS, email, mobile apps, e-Government and Insurance Information and Monitoring Center systems, and shifts the basis for equivalent spare-part rules to standards set by the Ministry of Industry and Technology. The most practical change is how vehicle damage and loss-of-value claims are handled. If a claimant applies for vehicle damage compensation, they will also be treated as having applied for loss of value. Insurers must calculate the loss of value through an appointed insurance expert and notify the claimant by written notice or a durable digital channel shortly after receiving the final expert report.
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Key Changes
- Clarifies that the insured person is the vehicle operator under the Road Traffic Law.
- Adds durable digital record channels such as SMS, email, mobile apps, e-Government and Insurance Information and Monitoring Center systems.
- Treats vehicle damage claims as also covering loss-of-value claims and requires insurers to notify claimants of the calculated amount after the final expert report.
Obligations
What this law requires
For compulsory motor vehicle liability insurance, insurers must treat an application for vehicle damage compensation under the material damages coverage as also covering the vehicle’s loss of value.
When an insurance expert is appointed for vehicle damage, the appointed insurance expert must include an assessment of the vehicle’s loss-of-value amount in the expert report.
Vehicle loss of value must be determined by an insurance expert appointed under procedures and principles set by the Insurance and Private Pension Regulation and Supervision Agency, taking into account the vehicle’s brand, age, model, usage level, damaged parts, prior damage history, and the difference between its pre-accident and post-repair second-hand sale values.
Equivalent spare-part rules for motor vehicle insurance must be applied based on standards to be determined by the Ministry of Industry and Technology under Article 11(6) of Law No. 5684, rather than the former Treasury and Finance Ministry circular.