Waiving the right to compensation in compulsory liability insurance for highway motor vehicles

Motor vehicles, which have become an indispensable part of our lives since their invention, can cause damage to a person or something while being operated on the highway. With the Road Traffic Law No. 2918, operators are required to take out compulsory liability insurance for Highway motor vehicles. The injured party due to the traffic accident has the right to a direct claim and lawsuit to the insurer, limited to the insurance amount determined in the compulsory liability insurance contract concluded between the insured and the insurer, and it is possible to claim compensation to compensate for the loss. However, the injured party may waive the right to claim compensation for various reasons, may release those responsible by agreeing to less than the amount corresponding to the loss, or may be deemed to have waived the right to compensation with the consequences of various legal institutions. Such situations, which have various legal implications, can sometimes lead to unfair results and raise some debates. In this study, first of all, the legal nature and the place of the highway motor vehicles compulsory liability insurance among other insurance types will be discussed, then the principles regarding liability and compensation right in highway motor vehicle compulsory liability insurance will be examined. Finally, the situations that result in the waiver of the right to compensation or deemed to have been waived the right to compensation, limited to the scope of the compulsory liability insurance for highway motor vehicles, will be discussed. Of these cases, particular emphasis will be placed on the conciliation institution; as the third person's injury due to a traffic accident gives rise to the crime of negligent injury in accordance with the Turkish Penal Code No. 5237 and whether it is possible to file a lawsuit for compensation again in case where the parties reach an agreement will be discussed by taking into consideration various judicial decisions and the provisions of article 253/19 of the Criminal Procedure Law No. 5271 and article 111 of the Road Traffic Law No. 2918.