The principal of prohibition of enrichment in personal losses and determination of actual damage in compulsory financial liability insurance in highways

The principle of prohibition of enrichment aims to compensate the real harm of the injured person and also prevents the injured person from gaining an unfair advantage. The application of this principle in insurance law within the scope of loss insurances, besides these benefits, also contributes to the smooth functioning of the insurance institution. The principle of prohibition of enrichment finds application in insurance law in terms of loss insurance. In liability insurances included in loss insurance, enrichment is prevented by paying the real damage to the injured person. Highway motor vehicles compulsory liability insurance, known as traffic insurance, is one of the most common liability insurances in practice.With this insurance, it is aimed to compensate the damages of people who suffered damage as a result of a traffic accident. Some legal amendments on traffic accidents, the publication of new general conditions and subsequent annulment decisions by the constitutional court caused uncertainty in implemention. These uncertainties are particularly related to the violatin of bodily integrity as a result of a traffic accident and the damages resulting from death. Elimination of these uncertainties will not only contribute to stabilization in practice, but it will also provide compensation for real damage and serve the implementation of the prohibition of enrichment principle.