Disabled driver after a traffic accident traffic insurance He could not get what he wanted in terms of payments and applied to the judiciary. revealed precedent output.
We have seen that many times, as a result of disagreements in traffic, the courts have been resorted to. These types of applications generally serve as a precedent for drivers who may experience the same situation again. The last example of this happened about a driver who was disabled as a result of a traffic accident. Due to the situation after the traffic accident, the driver demanded that the expenses of the caregiver be paid by the insurance company. The driver, who could not get the desired result from both the insurance company and the court, applied to the Supreme Court. The Supreme Court “SThe insurance company must also cover the caregiver expenses of the person injured in the accident. made his decision.
After the precedent decision, the judiciary found the driver right
Supreme Court The 4th Civil Chamber gave the following statements; “The case is related to the claim for pecuniary damages consisting of permanent caregiver expense due to bodily damage resulting from a traffic accident. According to the general conditions of the Compulsory Financial Liability Insurance (ZMSS), which entered into force on 01.06.2015, the court of first instance has ruled that the defendant’s liability is no longer on the grounds that the caregiver’s expenses remain within the scope of the disability coverage and the limit regarding the disability coverage has been exhausted.
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While the decision should be made by taking into account that the permanent caregiver expense loss, which is the subject of the case, should be covered from the treatment expenses coverage in the policy, the decision made with an erroneous assessment necessitated reversal.”