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A COMPARISON BETWEEN THE TURKISH AND EU MTPL INSURANCE EXPERIENCES OF THE TURKISH MOTOR INSURERS’ BUREAU PowerPoint Presentation
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A COMPARISON BETWEEN THE TURKISH AND EU MTPL INSURANCE EXPERIENCES OF THE TURKISH MOTOR INSURERS’ BUREAU - PowerPoint PPT Presentation


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A COMPARISON BETWEEN THE TURKISH AND EU MTPL INSURANCE EXPERIENCES OF THE TURKISH MOTOR INSURERS’ BUREAU. MINIMUM LIMITS OF INSURANCE. The limits in Turkey for 2014 are as follows : Property damage : EUR 9 .000 (26.800 TL.) per vehicle and

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A COMPARISON BETWEEN THE TURKISH AND EU MTPL INSURANCEEXPERIENCES OF THE TURKISH MOTOR INSURERS’ BUREAU

slide2

MINIMUM LIMITS OF INSURANCE

Thelimits in Turkeyfor2014 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.

slide3

MINIMUM LIMITS OF INSURANCE

StartingfromJune 2012 insurancelimits in EEA countrieswill 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.

slide4

POLICE REPORT VERSUS CONSTAT AMIABLE

Since April 2008 a constat amiable has been used in Turkey regarding accidents which involve only material damage. Foraccidentsinvolvingpersonalinjuriesanddeath a policereport has tobe issued.

The situation is similar in most european countries.

slide5

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.

slide6

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.

slide7

TRUCK-TRAILER SITUATION

In Turkey, trailers which are not used to carry passengers are not required to be covered by a seperate MTPL policy.

Suchtrailersarecoveredbythe MTPL policy of thetrucktheyareattachedto.

If the truck can not be identified then there is nobody to compensate the victim because the Guarantee Fund does not cover property damages.

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TRUCK-TRAILER SITUATION

The situation in the EU varies from country to country.

Inmostcountriestrailersarecoveredbythe MTPL insurer of thetrucktheyareatachedto.

Ifthetruck can not be identifiedusuallytheGuaranteeFundcompensatesthevictim.

Inothersthevictim is entitledtoapplyeithertothe MTPL insurer of thetruckorthetrailer.

slide9

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 %.

InSpaintheliability is 70/30 % forthetruckandtrailerrespectively.

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TOTAL LOSS, CAR HIRE COSTS,

LOSS OF USE

Regarding total loss there is no specificcriterion in Turkey about what constitues a total loss.

Total Loss = damagebeyondrepair.

Total Loss = repaircosts > thereplacementvalue of thevehicle (second-handvalue of thevehicleminussalvage)

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TOTAL LOSS, CAR HIRE COSTS, LOSS OF USE

However,some countries have specified a certain percentage for a total loss.

Iftherepaircostsexceed a certainpercentage of thereplacementvalue of thevehiclethenthevehicle is considered a total loss. For example 130% in Germany, 80% in Bulgaria.

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TOTAL LOSS, CAR HIRE COSTS, LOSS OF USE

Car hire costs and loss of use are not covered by the turkish MTPL insurance.

Inmany EU countriesthevictim can choosetoapplyeitherfor car hireorloss of use.

Some countries have restricted car hire costs and loss of use to cases only where the vehicle is required for business purposes.

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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.

Accordingto EU Motor InsuranceDirectivesthe MTPL insurer has tomake a reasonedoffertotheclaimantwithin a period of 3 monthsmaximumfromthedate of theclaimnotification.

slide14

PERSONAL INJURIES

Cost of medical treatment

Startingfrom 2011 MTPL insurers in Turkeyare no longerresponsibleforcompensatingvictims in respect of medicaltreatmentcosts.

Instead,the insurers transfer approximately 15% of their MTPL insurance premium to the Social Security Institution.

Allhospitalsarerequiredtoprovidemedicaltreatmentto a victim of a roadaccidentfree of charge.

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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. 

slide16

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.

slide17

PERSONAL INJURIES

Compensation for pain and suffering

(moral damage)

Thiskind of compensation is not coveredbythecompulsory MTPL insurance in Turkey.

Thevictim has therighttorequest moral damagecompensationfromtheliabledriver/operator of thevehicle but can not claim it fromthe MTPL insurer.

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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.

slide19

GUARANTEE FUNDS

TheTurkishGuaanteeFunddoes not coverpropertydamagesexceptwhentheinsurer has gonebankrupt.

Only bodily injury such as treatment expenses, disability or death are covered.

It is in contrastwiththe EU GuaranteeFundswhichcoverbothpropertydamageandbodilyinjury.

slide20

LEGAL COSTS AND COURT FEES

InTurkeyout-of-courtlawyer’sfeesare not paidby MTPL insurers.

Incase of a courtcase, the MTPL insurer of thelosingparty has to pay courtfeesand a certainamount of theoppositeparty’slawyerfees.

slide21

LEGAL COSTS AND COURT FEES

The situation in the EU varies from country to country.

Inmost of themcourtfeesarepaidbythe MTPL insurer of thelosingpartyandregardingout-of-courtlawyer’sfeesthesituationagaindepends on thecountry.

slide22

LIABILITY LAW

InTurkeythedamagedparty can requestcompensationfromboththedriver, operatorand 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.

slide23

LIABILITY LAW

Some EU countrieshaveadopted a strictliabilitysystem.

Many EU countrieshaveadopted a strictliabilitysystemalongside a faultsystem.

As a result, many Member States in fact combine both systems.(Fault liability for property damage and Strict Liability for personal injuries).