Bodily damages compensation obligation of Highways Motor Vehicles Compulsory Liability Insurer
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Abstract (EN)
The operation of motor vehicles on motorways is an inherently dangerous activity that tends to creates a foreseeable and highly significant risk of physical harm to people even if resonable care is exist. The amount of danger has increased with the development of technology. Due to these reason, in our law system rule operation of motor vehicle is a strick liabilty arising from ultrahazardous. Besides as a result of the strick liability, it is regulated in the Motorway Traffic Code that vehicle operators have to take out a liability insurance which named Motorways Motor Vehicles Cumpulsory Financial Liability Insurance that covers their liability. Motorways Motor Vehicles Cumpulsory Financial Liability Insurance is obliged to cover the loss of the injured party within the policy limits and only one condition in which the liability of the operator arises. As of 14.05.2016 both the legislation and the general insurance terms, which are essential parts of the insurance contract, have been radically amended. In addition to this the scope of the liability has been significantly affected by these amendments. After this, on 17th July, 2020 Constitutional Court reach verdict regarding cancelation big part of Article 90 of the Motorway Traffic Law. The revised version of Article 90 of the Motorway Traffic Law has changed the parameters of the insurer's liability principles. Lastly Article 90 of the Motorway Traffic Law needed to be revise by authority. Thus, on 19th June, 2021 the compensation items and general account policy were added on Article 90 of the Motorway Traffic Law. The fact brings that on 04th December, 2021 insurance terms which include essential rule regarding insurer's scolpe of liability were renewed. These two new developments have become binding on the courts. Key words: Insurance law, Traffic insurance, bodyly injury, Insurance coverage, The scope of insurance coverage
Author
Elif Anık
Institution
How to Cite
Elif Anık (Master Thesis). Bodily damages compensation obligation of Highways Motor Vehicles Compulsory Liability Insurer, 2022, Bursa Uludağ Üni̇versi̇ty.
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