Resolution of disputes arising from Highways Compulsory Liability Insurance by arbitration

With the developing technology, the place and importance of machines in human life has increased. Accordingly, traffic accidents due to motor vehicle use have also increased. As a result of traffic accidents, many people suffer loss of life or property; suffer economic losses due to accidents. At this point, the legislator brought some regulations with the Highway Traffic Law No. 2918; In particular, it has made it compulsory for motor vehicle operators to take out financial liability insurance to cover the losses incurred by third parties as a result of traffic accidents. According to Article 97 of the Highway Traffic Law No. 2918, it is stated that the third parties who will make a claim for the cases covered by the Highways Compulsory Liability Insurance can file a lawsuit in the judiciary if they wish, or they can apply to arbitration in the insurance industry regulated in the Insurance Law No. 5684. The regulation on arbitration in insurance is included in Article 30 of the Insurance Law No. 5684 and the Regulation on Arbitration in Insurance; In cases where there is no provision in the Insurance Law No. 5684, it is stated that the provisions of the Law No. 6100 on Civil Procedure will be applied by analogy to arbitration in insurance. However, since no explanation has been given about how the provisions of the Code of Civil Procedure No. 6100 will be applied to the arbitration proceedings in insurance, different opinions have been put forward in the doctrine on matters that are peculiar to arbitration in insurance. Since the insurance type that receives the most applications to the Insurance Arbitration Commission are the Highway Compulsory Liability Insurance; In our study, Highways Compulsory Liability Insurance and arbitration in insurance are examined in detail. The aim of our study, in which we examine the arbitration proceedings in insurance, especially in terms of the persons who are entitled to the Highway Compulsory Liability Insurance; It is seeking answers in line with the opinions in the doctrine and the decisions of the Court of Cassation to the issues that are characteristic of arbitration proceedings in insurance.