Persons who are victims of bodily harm such as death or personal injury as a result of traffic accidents and those who are responsible for damages in their assets may open a case for material and non-pecuniary damages against those who are responsible for traffic accidents.
However, in 2016, with the amendment made in the legislation and general conditions of insurance, it is necessary to submit written application to the insurance company and to submit the documents determined by the general conditions of compulsory liability insurance to one of the insurance company’s headquarters or organizations before going to the case within the limits specified in the compulsory liability insurance. was introduced.
If the insurance companies do not answer the application in writing within 15 days from the date of the application or if there is a dispute that the given answer does not meet the demand, then it can open a case in the damaged courts.
One of the important issues at the stage of the case is the injury rate of the person injured in a traffic accident and the injury suffered by the person in the calculation of the disability rate, due to this disability due to incapacity for work / loss of work and the rate of loss is taken as the basis. The report on disability should be prepared in accordance with the Regulation on the Ability to Save Power and Loss of Power in the Job Loss Assessment Procedures. In the case law of the Supreme Court of Appeals, in accordance with the Regulation on the Determination of the Power of Losses in the Work Force and the Proficiency Loss in the Profession, the reports taken in accordance with the Regulation are determined.
Sample Supreme Court Decision;
17th LAW OF JURISDICTION. 2014/5946. 2014 / 5222K.T 7.4.2014
At the end of the trial of the annulment of the objection between the parties; in the decision of the defendant by the defendant’s attorney within the period of the decision on the partial acceptance of the case for review of the case was examined, the need was considered:
The plaintiff attorney stated that his client had been wounded when D … H .. was injured in the vehicle as a result of a one-sided traffic accident in which the defendant S .. K .. was injured and made 48% incapacitated. D .. H .. injured and injured in the accident on the application for the payment of the payment for the defendant from the defendant and the payment of the objection proceedings for the retraction proceedings to continue the follow-up proceedings and the decision to deny the execution wanted to be decided.
Defendant S .. K .. In case the vehicle involved in the accident was registered in his name, he was not the operator and the owner, sold it with an external sales contract before the date of the accident, he had nothing to do with the accident, he had been found in the vehicle during the incident and the injured people were present as passengers and the vehicle was not commercial. The D .. H .. attorney defended the denial of the case, stating that there was no legal basis for the notification.
According to the evidence gathered by the court and the whole file scope, it was decided to continue the follow-up with the annulment of the objection to the debt in the execution follow-up file of the Tirebolu Enforcement Office 2012/457 with partial acceptance of the case; the verdict was appealed by the respondent’s attorney.
1-According to the information and documents in the file, in the rationale of the decision of the court, there is no procedure and no law in the discussion and evaluation of the evidence, the decision of the defendant deputy is rejected other objections outside the scope of the subparagraph.
2-the case, the car on behalf of the defendant who does not have a compulsory financial liability insurance policy of the driver outside the case drive AA and the administration of the unilateral traffic accident as a result of the accident .. the annulment of the objection to the execution proceeding for the collection of the recourse of the defendant and the continuation of the follow-up.
When working according to the Supreme Court of Appeals, the injury rate incurred in the calculation of the pecuniary damage incurred in the accident due to injury in a traffic accident is not the disability rate, but the incapacity to work due to this injury and the loss rate in the work power and in other words should be taken into consideration.
Giresun Prof.Dr. . SHE IS. In the disability medical board report received from the State Hospital, it was reported that 73% of the body function loss of the non-prosecution victim D..H .. and the part of it resulting from the traffic accident was 48%. In the report, it was determined that the criteria specified in the Regulation on the Determination of Working Force and not received. However, the report regarding the permanent disability should be prepared in accordance with the Regulation on the Determination of Working Power and Gaining Power Loss Loss Assessment Methods in accordance with the date of 21.11.2011.
In this case, according to the results of a new report on the incapacity rate according to the criteria foreseen in the Regulation on the Disability of the out-of-case D..H .. out of the case D..H .. the decision should be made on the basis of a report of the Board of Health not sufficient to make a decision.
CONCLUSION: The rejection of the objection objections of the defendant representative for the reasons explained in (1) above for the reasons explained in point (1) above, for the reasons explained in the subsection (2). . „