What changed, and when did it take effect?
The Insurance and Private Pension Regulation and Supervision Authority made a comprehensive amendment to the General Conditions of Compulsory Motor Third-Party Liability Insurance, commonly called traffic insurance. The amendment was published in the Official Gazette of 12 June 2026, issue 33278.
The General Conditions entered into force on 1 July 2026. Applications and claims files after that date are governed by the new rules.
The changes fall under four headings: diminished value of the vehicle, which part a damaged part is replaced with, medical and care costs, and the medical board report in disability compensation.
These rules apply directly to vehicle owners whose cars are damaged, to injured persons, and to relatives in fatal accidents. For the general framework of consumer disputes, see our consumer law page.
Diminished value is now part of the damage claim
The most concrete change concerns diminished value. Under the new article A.5, the property damage cover extends to the direct reduction in the claimant's property, including diminished value of the damaged vehicle.
The General Conditions state expressly that applications under this cover extend to both repair cost and diminished value: a claimant who applies for vehicle damage is deemed also to have claimed diminished value.
In practice this means no separate diminished value application is needed. A person who files a damage claim does not have to start a second process.
The insurer must notify the claimant of the calculated diminished value, in writing or through a durable medium, no later than the business day following receipt of the final loss adjuster's report.
How diminished value is calculated
Diminished value is determined by an insurance loss adjuster appointed under procedures to be set by the Authority.
The factors the adjuster must take into account are listed: the vehicle's make, age, model, level of use, the parts damaged and its previous damage history.
The measure is the difference between two values: the vehicle's second-hand market value before the accident and its second-hand market value after repair.
Where an adjuster is appointed for vehicle damage, that adjuster also includes the diminished value finding in the report, so damage and diminished value are assessed in a single report.
Where the claimant disagrees with the finding, the application and arbitration route described below applies.
Original or equivalent parts? The insurer bears the burden of proof
The amended paragraphs of article B.2 govern which part a damaged part is replaced with, in two separate situations.
Where the damaged part is original: if it cannot be repaired it is replaced with an original part. However, if the claimant consents, or replacement with an original part is not possible, a reusable or equivalent part may be used. The insurer bears the burden of proving that consent was obtained or that an original part was not available.
Where the damaged part is not original: if it cannot be repaired it is replaced with a reusable or equivalent part; if that is not possible, an original part is used. If repair is carried out with an original part although an equivalent was available, the insurer's liability is limited to the equivalent part cost, and again the insurer must prove that an equivalent was available.
In both cases there is a clear safeguard: even if the vehicle increases in value as a result, that difference may not be deducted from the compensation.
The definition of equivalent part was also updated and now depends on criteria to be set by the Ministry of Industry and Technology under article 11(6) of Law no. 5684.
A condition for payment on total loss vehicles
The amendment introduces a payment condition for vehicles declared a total loss.
Where the adjuster's report establishes, under procedures set by the Authority, that the damaged vehicle has suffered heavy damage, no compensation is paid until a registration certificate stamped “withdrawn from traffic” is submitted to the insurer.
In practice this means the registration step must be completed after the total loss finding and the document then submitted to the insurer.
Skipping this step delays payment, so in total loss files it is sensible to start preparing the document at the same time as the adjuster's report.
Medical costs and care costs
The new article A.5 redefines the medical costs cover. It extends to all treatment costs incurred for the third party to recover physically from a traffic accident, including prosthetic organ costs.
An important distinction is drawn: healthcare service charges under article 98 of Law no. 2918 are the responsibility of the Social Security Institution, and the insurer's and the Guarantee Account's liability for costs paid under that article has ended.
Care costs, by contrast, remain with the insurer. Carer costs incurred during treatment until a permanent disability report is obtained, and medically necessary permanent carer costs arising after the disability rate is determined, are covered by insurers or the Guarantee Account.
The medical board report is taken into account in determining the duration of the need for care and any permanent care need after treatment.
New rules on disability and death cover
Disability cover compensates the future economic loss of a third party caused by permanent disability, under the tort provisions of the Turkish Code of Obligations. Temporary incapacity and permanent disability are paid under this cover.
The medical board report is taken into account in determining the disability rate and the period of temporary incapacity. The compensation is calculated by reference to the disabled person.
An important rule on causation was added: where the documents relating to the accident contain a finding on causation, the burden of proving otherwise lies with the insurer. If the insurer challenges the report, it must cover the claimant's documented expenses arising from that challenge under this cover.
Loss of support cover compensates, in the event of death, those deprived of the deceased's support; the calculation is made by reference to the deceased.
Leaving the scene and the insurer's right of recourse
Article B.4 governs the situations in which an insurer that has paid the injured party may seek recourse against the insured. These situations cannot be raised against the injured party: the injured party is paid, and the insurer then claims the amount from the insured.
Under the amended subparagraph (f), recourse is available where the insured, or persons for whose acts the insured is responsible, leave the scene or fail to comply with the obligation to have the accident report, alcohol report and similar documents prepared.
The subparagraph excludes two situations of necessity: leaving for reasons of personal safety, and, in accidents causing bodily injury, going to a healthcare facility for treatment or assistance.
A driver who leaves the scene to take an injured person to hospital therefore faces no recourse on that ground, but keeping the hospital records is important so that this can be shown later.
Application, time limits and limitation
The first step in claiming under traffic insurance is not litigation. Under article 97 of Law no. 2918, the injured party must make a written application to the insurer before bringing proceedings.
If the insurer does not reply in writing within 15 days at the latest, or the reply does not meet the claim, the injured party may bring proceedings or apply to the Insurance Arbitration Commission under Law no. 5684.
Article 99 of the Law sets the payment deadline: insurers must pay the amount within policy limits within eight business days of the claimant forwarding the documents required by the general conditions.
As to limitation, article 109 applies: claims for property damage become time-barred two years after the injured party learns of the loss and the person liable, and in any event ten years after the accident. If the act constitutes an offence with a longer limitation period under criminal law, that period applies.
For the general route followed in accident files in Kepez and central Antalya, see our Kepez lawyer page.
Resources
- General Conditions Amending the Compulsory Motor Third-Party Liability Insurance General Conditions — Official Gazette of 12 June 2026, issue 33278
- Compulsory Motor Third-Party Liability Insurance General Conditions — Official Gazette of 14 May 2015, issue 29355
- Highway Traffic Law no. 2918, arts. 97, 98, 99, 109
- Insurance Law no. 5684, art. 30 (Insurance Arbitration Commission)
You can access the current versions of legal texts via mevzuat.gov.tr.