Legal aspects of Güvence Hesabı

The introduction of machines into social life with the development of technology has caused individuals to be exposed to various dangers during the execution of certain activities. The concept of compulsory insurance has emerged as a way to protect the individual from these hazards. However, in some cases, it has been understood that compulsory insurances are not sufficient to eliminate the damage incurred. For this reason, an institution called the Guarantee Fund, which initially covered only compulsory traffic insurance, was established, but in time, as other hazards for individuals came to the fore, an institution called the Assurance Account was established, which expanded the guarantee system by including other compulsory insurances. The Assurance Account is a legal entity established to cover the damages up to the coverage limits of the compulsory insurance in some cases where the compulsory insurances under its coverage do not cover the damages of the injured parties. In our study, the historical development of the institution, its legal basis, the legal nature of its liability, the compulsory insurances under its coverage, the conditions under which the damages will be covered, the principles regarding the recourse of the compensation paid to the injured parties are emphasized and solution proposals are presented regarding the issues that create controversy in the doctrine and practice. While proposing solutions, the concepts and data of insurance law have been utilized since there are not enough written sources on this institution established in 2007 and most of the existing sources belong to the period of the abolished Guarantee Fund.