Türk ve Avrupa Topluluğu hukukunda motorlu kara nakil araçları zorunlu mali mesuliyet (trafik) sigortası teminatlarının karşılaştırılması

Abstract

MARMARA UNIVERSITY BANKING AND INSURANCE INSTITUTION INSURANCE DEPARTMENT COMPARISION OF THIRD PARTY LIABILITY INSURANCE COVERS FOR MOTOR VEHICLES IN TURKISH AND EUROPEAN COMMUNITY LAW MASTER THESIS (Appendix) by SADIK YÜKSEL Supervisor: Prof. Dr. Rayegan KENDER Istanbul - 1 99165 CONTENTS Sayfa No INTRODUCTION I - AROUSAL OF THE NEED FOR TRAFFIC INSURANCE 67 PARTI II - THE DEVELOPMENT OF TRAFFIC INSURANCE IN TURKEY 68 III - TRAFFIC INSURANCE COVER IN TURKISH LAW IN GENERAL 69 A - THE CONCEPTS OF `VEHICLES` AND `OPERATOR` SUBJECT TO THE TRAFFIC INSURANCE 69 B - LIABILITY AS A SUBJECT OF INSURANCE 70 C - CONCEPT OF GUARANTEE FUND 72 PART II IV - 291 8 HIGHWAYS TRAFFIC CODE 73 A - THE CONCEPT OF INSURANCE COVER 73 B - CASES CONSIDERED OUTSIDE THE SCOPE OF THE INSURANCE COVER 75 V - TRAFFIC INSURANCE COVER IN RESPECT OF TRAFFIC INSURANCE GENERAL PROVISIONS 76 A - THE FRAMEWORK OF INSURANCE COVERS 77 1. Property Indemnity Cover : 77 2. Covers for the Medical Expenses : 7 7 3. Other Claims For Indemnity Except Medical Expenses and the Death Cover: 78 4. Other Factors of the Covers : 79 5. Necessary Documents for Indemnity Demand:.... 7 9 B - OTHER CONDITIONS CONSIDERED OUTSIDE THE INSURANCE COVER 80 C - LIMITATIONS OF INSURANCE INDEMNITY 82 VI - HIGHWAYS TRAFFIC GUARANTEE FUND 82 A - THE INCOME OF THE FUND 82 B - CONTENT OF FUND COVER 83 C - EXCLUSIONS OF FUND COVER 84 D - ESSENTIALS TO BE PRACTISED IN CASE OF RISK 85 VII - COMPARISON OF GENERAL CONDITIONS AND HIGHWAY TRAFFIC CODE STATEMENTS DUE TO TRAFFIC INSURANCE COVER 8566 Sayfa No PART III VIII - A GENERAL VIEW OF EUROPEAN COMMUNITY 86 IX - INSTRUCTIONS RELATING THE TRAFFIC INSURANCES AT THE EEC 87 A - THE COUNCIL INSTRUCTIONS NO. 72/1 66/EEC 87 B - THE COUNCIL INSTRUCTIONS NO 84/5/EEC 89 X - A COMPARISON OF TRAFFIC INSURANCE CODE IN TURKISH AND EUROPEAN COMMUNITY LAW 91 XI - CONCLUSION 9367 INTRODUCTION I - AROUSAL OF THE NEED FOR TRAFFIC INSURANCE ( 50 ) Living together with motor vehicles today has emerged as a necessary prerequisite for the modern society, and on the other hand it has caused air pollution and the blocking of the urban roads. Especially the traffic density and the ever growing number of motor vehicles due to advanced technology and the fact that inner city, inter-city and even international transportation are carried out by these vehicles, have contributed greatly to the traffic accidents both by number and by density. The great increase in speed realized by modern technology in T.I.R.'s private and official transportation and cargo transportation have drastically increased the possibility of rendering them harmful. After a certain speed-rate, the drivers cannot have control over their vehicles as to when to stop or steer them. Therefore the drivers in such a condition may harm the third parties unexpectedly because of their high speed, their action and their loads. ' It is widely known fact that the public properties such as highwways, bridges and others also suffer great losses in traffic accidents. Therefore the compensation of such losses are provided to those killed or suffered the death of their close-relatives in a most efficient way possible by insurance companies. Especially the acceptance of the liabilities insurance for motor vehicles as a legal requirement has increased the (50) Compulsory Motor Third ParLy Liability Insurance.68 benefits of the liability insurance system once more for those who suffer such accidents and their dependants. The concept of modern social life today associates with the insurance amount remaining in the compulsory financial liability limits the `Social Service or Assistance Purpose` and the protection for decrease to be experienced in the wealth of the insured is thus given a second place. The driver or the operator of the vehicle, through insurance, places himself under protection against the risks he is legally bound. The compulsory liability insurance for motor vehicle operators has undeniably great advantages for those experienced traffic accidents, their relatives, for those driving the vehicle and above all for the benefit of the society, the public order and the elimination of the material losses which can be considered as a national loss. PARTI II - THE DEVELOPMENT OF TRAFFIC INSURANCE IN TURKEY The liability insurance is one of the new branches of insurance and has only a history of 100 years. This kind of insurance has faced, in its early stages, many hardships; however it developed fast and now provides protection for a large field of risks. The purpose of the liability insurance is to protect the insured against third parties by its own unique character against any damages caused to third parties and also to protect him against any indemnity claims from the injured party and to bring the insurance company face to face with such claims.75 in the vehicle or its losses or destruction. The property which has become absolutely unuseble or irrepairable or whose cost of repair is more expensive than a new one is considered as destroyed. The loss is also considered equal to the destruction of the property. The destruction of the property or its loss is virtually the same economically as total destruction. The loss arising from the destruction of the property involves loss of worth and the travel expenses to go to the repairshop. The loss caused by such examples and from the property's loss of value are called actual losses. This is the second phase of the loss which is the deprived loss. B - CASES CONSIDERED OUTSIDE THE SCOPE OF THE INSURANCE COVER The provisions of the Highway Traffic Code Article 92 state clearly the conditions beyond the scope of financial liability insurance. The following are the conditions outside article 92. 1. The demands which the operator can direct to those responsible according to this law are outside the scope of the insurance (Highway Traffic Code, Article 92/a). 2. Those demands to be asserted due to the losses on the property of the operator's spouse, immediate family and adopted children (if valid) and brothers or sisters who live with him are outside the scope of covers (Highway Traffic Code, Article 92/b.73 PART II IV - 291 8 HIGHWAYS TRAFFIC CODE A - THE CONCEPT OF INSURANCE COVERS According to the Highways Traffic Code, Article 85/1, if the operation of an motor vehicle causes damage to a person and/or something, then operator of such an motor vehicle is held responsible to meet damages up to the mandatory insurance limits expressed in detail in the following related section in accordance with provision of article 93 (See Traffic Insurance Security limits and premium costs ). The material damage arising as a result of both while moving or stopping to a man or to another vehicle or another thing, has been divided into two categories according to Highways Traffic Code Article 85 namely damage to human beings and damage to things. The material damage incurred as a result of hitting a man or a vehicle or anything else of a` motor vehicle has been divided into two namely damage to man and damage to things. Damage related to man are also divided intQ two kinds, damage caused by the violation of the integrity of the body and the damage caused by the killing of man (loss of support). The Highway Traffic Code Article 85/1 defines the damage caused by the violation of the integrity of the body as the damage caused by the injury of a man. The damage caused by the violation of the integrity of the body, namely the damage caused by injury has been covered by Article 46. According to that article the damage caused by the integrity of the body is covered under Article 46. According to that69 The practice of liability insurance in Turkey did not start as a result of the consiousness of the people for insurance but in the contrary as a result of law enforcement. The first and most common examples of these were the adoption of the Highways Traffic Code (1953), and the Traffic Insurances which introduced the practice of motor vehicles for highway transportation vehicles (Art. 51). The traffic (financial liability) insurance is a compulsory liability insurance against indemnities caused by the motor vehicle insurance. The traffic insurance which has a great importance in respect of highway traffic has been made compulsory in Turkey and has been arranged by a special law. Ill - TRAFFIC INSURANCE COVER IN TURKISH LAW IN GENERAL In the `Legal Liabilities and Insurance` sections examined in Section 8 of the Higways Traffic Code No. 2918 the legal liabilities of those operating motor vehicles have been set-up and within the framework of this law, the general framework of * the traffic insurance to be adopted has been determined. The following is a framework of the traffic insurance security according to the Highways Traffic Code No. 2918. A - THE CONCEPTS OF `VEHICLES` AND `OPERATOR` SUBJECT TO THE TRAFFIC INSURANCE The legal responsibilities of the motor-less vehicle and bicycle drivers have been included within the framework of the Highway Traffic Code No. 2918. (Highways Traffic Code Article 103). The motor vehicles which can be used on highways, the moving machinery and rubber wheeled tractors73 PART II IV - 291 8 HIGHWAYS TRAFFIC CODE A - THE CONCEPT OF INSURANCE COVERS According to the Highways Traffic Code, Article 85/1, if the operation of an motor vehicle causes damage to a person and/or something, then operator of such an motor vehicle is held responsible to meet damages up to the mandatory insurance limits expressed in detail in the following related section in accordance with provision of article 93 (See Traffic Insurance Security limits and premium costs ). The material damage arising as a result of both while moving or stopping to a man or to another vehicle or another thing, has been divided into two categories according to Highways Traffic Code Article 85 namely damage to human beings and damage to things. The material damage incurred as a result of hitting a man or a vehicle or anything else of a` motor vehicle has been divided into two namely damage to man and damage to things. Damage related to man are also divided intQ two kinds, damage caused by the violation of the integrity of the body and the damage caused by the killing of man (loss of support). The Highway Traffic Code Article 85/1 defines the damage caused by the violation of the integrity of the body as the damage caused by the injury of a man. The damage caused by the violation of the integrity of the body, namely the damage caused by injury has been covered by Article 46. According to that article the damage caused by the integrity of the body is covered under Article 46. According to that69 The practice of liability insurance in Turkey did not start as a result of the consiousness of the people for insurance but in the contrary as a result of law enforcement. The first and most common examples of these were the adoption of the Highways Traffic Code (1953), and the Traffic Insurances which introduced the practice of motor vehicles for highway transportation vehicles (Art. 51). The traffic (financial liability) insurance is a compulsory liability insurance against indemnities caused by the motor vehicle insurance. The traffic insurance which has a great importance in respect of highway traffic has been made compulsory in Turkey and has been arranged by a special law. Ill - TRAFFIC INSURANCE COVER IN TURKISH LAW IN GENERAL In the `Legal Liabilities and Insurance` sections examined in Section 8 of the Higways Traffic Code No. 2918 the legal liabilities of those operating motor vehicles have been set-up and within the framework of this law, the general framework of * the traffic insurance to be adopted has been determined. The following is a framework of the traffic insurance security according to the Highways Traffic Code No. 2918. A - THE CONCEPTS OF `VEHICLES` AND `OPERATOR` SUBJECT TO THE TRAFFIC INSURANCE The legal responsibilities of the motor-less vehicle and bicycle drivers have been included within the framework of the Highway Traffic Code No. 2918. (Highways Traffic Code Article 103). The motor vehicles which can be used on highways, the moving machinery and rubber wheeled tractors75 in the vehicle or its losses or destruction. The property which has become absolutely unuseble or irrepairable or whose cost of repair is more expensive than a new one is considered as destroyed. The loss is also considered equal to the destruction of the property. The destruction of the property or its loss is virtually the same economically as total destruction. The loss arising from the destruction of the property involves loss of worth and the travel expenses to go to the repairshop. The loss caused by such examples and from the property's loss of value are called actual losses. This is the second phase of the loss which is the deprived loss. B - CASES CONSIDERED OUTSIDE THE SCOPE OF THE INSURANCE COVER The provisions of the Highway Traffic Code Article 92 state clearly the conditions beyond the scope of financial liability insurance. The following are the conditions outside article 92. 1. The demands which the operator can direct to those responsible according to this law are outside the scope of the insurance (Highway Traffic Code, Article 92/a). 2. Those demands to be asserted due to the losses on the property of the operator's spouse, immediate family and adopted children (if valid) and brothers or sisters who live with him are outside the scope of covers (Highway Traffic Code, Article 92/b.73 PART II IV - 291 8 HIGHWAYS TRAFFIC CODE A - THE CONCEPT OF INSURANCE COVERS According to the Highways Traffic Code, Article 85/1, if the operation of an motor vehicle causes damage to a person and/or something, then operator of such an motor vehicle is held responsible to meet damages up to the mandatory insurance limits expressed in detail in the following related section in accordance with provision of article 93 (See Traffic Insurance Security limits and premium costs ). The material damage arising as a result of both while moving or stopping to a man or to another vehicle or another thing, has been divided into two categories according to Highways Traffic Code Article 85 namely damage to human beings and damage to things. The material damage incurred as a result of hitting a man or a vehicle or anything else of a` motor vehicle has been divided into two namely damage to man and damage to things. Damage related to man are also divided intQ two kinds, damage caused by the violation of the integrity of the body and the damage caused by the killing of man (loss of support). The Highway Traffic Code Article 85/1 defines the damage caused by the violation of the integrity of the body as the damage caused by the injury of a man. The damage caused by the violation of the integrity of the body, namely the damage caused by injury has been covered by Article 46. According to that article the damage caused by the integrity of the body is covered under Article 46. According to that76 3. Those claims relating to the things which the operator is not held responsible according to this law are left outside covers (Highway Traffic Code Article 92/c). 4. All those claims arising from accidents in the motor races or race experiments to be carried out under the protection of compulsory financial liability insurance are outside the covers in accordance with the Article 105 and paragraph 3 of the Highway Traffic Code Article 92 /d. 5. Damages incurred by the engine powared vehicle are outside the scope of covers (Highway Traffic Codes article 92/e. 6. All those claims related to the moral indemnities are also beyond the scope of covers (Highway Traffic Code Article 92/f ). V - TRAFFIC INSURANCE COVERS IN RESPECT OF TRAFFIC INSURANCE GENERAL PROVISIONS When the provisions of the General Conditions of the Highways Traffic Code Compulsory Financial Liabilities Insurance, the operators have to have in order to meet their responsibilities in accordance with the provisions of Highways Traffic Code No. 2918, Article 85 are examined the first article of the general conditions and in the third article of the general conditions some conditions beyond the insurance covers are seen. Such articles are examined in details as follows; A - THE FRAMEWORK OF INSURANCE COVERS According to Article 1 of the general conditions the insurance company it is stated that the insurer provides the77 compulsory insurance limits determined in accordance with article 93 of the law within the framework within the security kinds whose legal responsibility is detailed below to charged on the operator of the motor vehicle in accordance with the Highways Traffic Code Article 85 No. 2918 during the operation of the vehicle and the framework of the covers have been outlined and three kinds of covers have been determined. They are as follows: 1. Material Indemnity Claims; In article 1, paragraph A of the general conditions materials indemnities are detailed. If the insured motor vehicles cause anything to be damaged in such a way that need to be met by the operator's legal responsibility, the material indemnity covers shall meet such a loss. The material loss mentioned in the traffic insurance is defined as in someone expresses losses to someone's less which can be measured in such a way that economically measured which is beyond his economical means. In traffic accidents when the motor vehicles are harmed, the insurance companies meet such covers within the limits of the material indemnity limits. 2. Covers for the Medical Expenses; According to the general conditions Article 1, paragraph B: `In line with the Highways Traffic Code Article 98, the insured meets all the expenses for the treatment expenses as an out-patient as first aid, examination and check up or any treatment and all medical expenses which are required by the treatment even if the patient eventually dies.78 The operator has to meet all medical expenses at the hospital as a result of the down fall in the health of the one who has suffered. Hospital, doctor, medicine, analyses, X-ray, physical treatment, spas, girdle and other expenses and the treatment, diet and all kinds of transportation expenses are not considered within the framework of treatment expenses. 3. Other Claims For Indemnity Except Medical Expenses and the Death Cover As in the treatment expenses here too covers are provided for within the limits fixed by individuals and accidents. According to the general conditions Article 1 and paragraph C: a) If the operation of a motor vehicle causes the death of an individual, the burial expenses of the one killed and the deprivation of support on the part of the dependants of the killed one. b) When the operation of the motor vehicle causes someone's injury, all the loss a person is unable to make that person unable to work permanently or partly, all the loss and costs that person shall be deprived of in the future financially and all the loss arising from the permanent or temporary loss of work.79 4. Other Factors of the Covers: In Article 2 of the general conditions under the heading `Other factors of the covers` the Traffic Insurance is valid within the boundaries of the Republic of Turkey the operator is protected against unlawful claims. 5. Necessary Documents for Indemnity Demand: The necessary documents for indemnity demand are as follows : a) Report of the accident (original and offical copy). b) Decleration of Inheritence (in case of death). c) Death Report (in case of death). d) Family C.V. register (in case of death). e) Hospital report about the treatment done (in case of injury). f) Hospital bill showing the treatment payments and written on the name of the injured person (in case of injury). g) Offical permission about the payment to be paid to the hospital if the medical expenses about the treatment of injured person is demanded by medical center (in case of injury) h) Certificate of receipt which shows that the third party is compansated by the insured party with the approval of the insurance company. i) Court decision, notification and collection bill that is about the indemnity paid by the court decision. k) Certificate showing the car ownership belonging to the injured party (For vehicle damages)80 B - OTHER CONDITIONS CONSIDERED OUTSIDE THE INSURANCE COVERS All other conditions beside the insurance covers stated in Article 3 of the general conditions are as follows: 1. All physical and material losses suffered by the insured (including the insured car) 2. All claims in respect of the losses on the property of the injured person, his spouse, his immediate family members, those adopted children and his brothers and sisters who live with him. 3. Claims in respect of the trailers or semi-trailers or any other vehicles which are pulled by other vehicles. 4. All losses caused by the vehicles which are not in operation. 5. All claims to be directed to those persons who are held responsible for their acts in accordance with the provisions of, the Highway Traffic Code. 6. All kinds of claims relating to the losses caused by the vehicle after the vehicle is left to some enterprises which are active for a purpose similar to it for the supervision, repair, maintainance, purchase-and selling and any change in the vehicle. 7. All claims expressed due to the losses to the vehicle for the relationship between the operator and the owner of the vehicle and the claims expressed against the operator in respect of the injury or death in a traffic81 accident of those people to whom the car has been lent temporarily and without any cost. 8. Claims expressed against the operator because of the losses caused by the property carried in the car beside the goods carried by the person who suffers the loss. 9. Losses caused by use of motor bycicles. 10. Losses caused by those participating in races organized by the permission of the authorities and those accompanying them. 11. The losses caused by the racers or those vehicles accompanying them. 12. Those losses caused by the stolen or seized vehicles and those losses from which the operator is not responsible according to the Highways Traffic Code and the claims due to the fact that the passengers in vehicles know that they travel in a stolen or seized vehicle. 13. Claims in respect of moral indemnity. Before 11.05.1953 and the Highways Traffic Code No. 6085 was adopted there had not been any other law to settle the traffic problems in Turkey. The Highways Traffic Code No. 6085 underwent a change on 12.01.1961 with the law No. 232 because of some troubles observed in practice and its insufficiencies. Finally on 13.10.1983 the current Highways Traffic Code No. 2918 was adopted and the Law No. 6085 annulled.82 C - LIMITATIONS OF INSURANCE INDEMNITY Refer to Suplementary Pages for the Third Party Liability Insurance cover which is pointed out in the Article 9 3 of Highway Traffic Code. VI - HIGHWAYS TRAFFIC GUARANTEE FUND According to the Highways Traffic Code Article 108 the losses caused by the motor vehicles subject to the compulsory financial liability insurance, there has to be a guarantee fund by the Trade Minister in order to meet the compulsory insurance liability limits. In article 108 of the said law, the establishment of the guarantee fun, its function the payments from the fund and the determination of all the other details are set by a certain regulations. Let us study that regulation and try to determine under what conditions we should make payments. The regulations prepared based on Article 108 of the law and which want into force on 26.06.1985 after its publication in the Official Gazette No. 18793 was later amended on 10.08.1990 and by special regulations published in the official gazette dated 19.08.1990 and No. 20601. A - THE INCOME OF THE FUND The Regulations (17) Article 5 defines the Guarantee fund as follows : 1. Participation shares at the rate of 1 % of the net premiums they collect for the compulsory financial liability insurance in accordance with the provisions of the Highways Traffic Code No. 2918.83 2. The participation shares also to be paid at the rate of 2 % to the insurance company, of 2 % of the net premium on the part of those who had compulsory financial liability insurance. 3. Delay interest to be collected from insurance companies from the participan shares on time or completely. 4. Interest incomes received for the fund deposits. 5. Indemnity balances due to the time lapse. 6. Various other incomes. B - CONTENT OF FUND COVER The incomes of guarantee funds are used to meet the following costs and in Article 6 of the Regulations : 1. In case the motor vehicle the loss and treatment to the individual. 2. The' damages and treatment expenses due to the motor vehicle which is operated without having the compulsory financial liability insurance. 3. In the case of the insolvency of the insurer who does compulsory financial liability insurance, the damages to the thing or anything and the expenses of treatment. 4. Expert, actuary, competent, transfer fees and various expenses. 5. The lawyers, fee and court expenses.84 6. Printing and stationary expenses. 7. Payments to be made at the rate to be determined in the protocol between the undersecretary and the insurer and at the rats of the insurance company's services and expenses. C - EXCLUSIONS OF FUND COVER In Article 7 of the guarantee fund the following points are left beyond the covers of the fund: 1. The physical loss of the operator or the driver who operates the motor angine laving no compulsory financial liability insurance and causing harm. 2. Those stealing or seizing motor engines or those helping them and those who receive and conceil stolen goods. The losses of the drivers or passengers who ride voluntary on those motor vehicles who know that the car they ride these cars voluntarily. 3. In claims regarding the moral indemnities the above B section article 3 excluding and all kinds of claims to the person individual are excluded. On the other hand because of the payments of indemnity carried out from the guarantes fund in the regulations. 1. In case the operator of the motor vehicle is subsequently known. 2. To those who cause harm by their faults or those responsible they have been told to use their rights of permanent undersecretaryship petition.85 D - ESSENTIALS TO BE PRACTISED IN CASE OF RISK Apply to Guarantee Fund is presented to Ministery of Trade either directly in written form or by mailing. The application and supporting documents are examined by the ministery of trade and then presented to insurance company which is hold responsible for the payment. If the responsible insurance company concludes not to recover the payment to the demanding party, this condition is submitted to ministery and if it is ratified, informed to the demanding party in written form. VII - COMPARISION OF GENERAL CONDITIONS AND HIGHWAY TRAFFIC CODE STATEMENTS DUE TO TRAFFIC INSURANCE COVER In our study of comparing general conditions and Highway Traffic Code, some revisions should be considered. These are as follows: It should be useful to revise the `Insurance` section of the code, in order to provide consistency in `cases excluding cover` pointed out in general conditions with the `cases excluding cover` pointed out in Highway Traffic Code. Article 91 of Highway Traffic Code, put the holder of the vehicle under the obligation to issue liability insurance in order to fulfill responsibility which is included in the first phrase of article 85 of the code. However it is understood that liability due to insurance subject is limited with Highway Traffic Code when the first article of the general condition is studied.86 Although the foundation, processing and the regulation determining the other conditions of the Guarantee Fund is declared in 1985, payment from the fund has not actually started and no insuarance company is called to execute the operations of the fund. PART III VIII - A GENERAL VIEW OF EUROPEAN COMMUNITY The Rome Agreement is one that has created the European Economc Community ( EEC ). The agreement which consists in more than two hundred articles and various appendixes and protocols. The following is the summary of the EEC ' s aims : The duty of the Community is to set up a common market and by way of closing up the economical activities within the framework of the community, to improve a continuous and balanced expansion, an increasing consistency and the increasing of the life standards rapidly and the realization of closer ties between the nations which the community has united (Artidle 2). In order to reach these aims the condition whereby these aims are reached are stated in the Rome Agreement Article 3, these are the lifting of the taxation and all related limitation and customs duties facing the third nations and the trade policy, the foundation of European social fund, the forming of a joint policy between the nations in the fields of agriculture and transportation and the establishment of European Social fund and the most important of all is the lifting up of all factors which limit the travel of individuals, services and capital between the member nations.93 XI - CONCLUSION In Europan Community countries, the indemnity amount of traffic insurance has increased to high levels. Although in some other community member countries such as Germany there are minimum limits legistrated, both insured person and insuring party prefer the practise of unlimited policies. In recent years, it is noticed that goverment give necessary importance to insuarance matter especially new regulations are arranged in traffic tariffs. As it is seen at the latest tariffs, practised from the date of 1.1.1991, insuarance covers are considered insufficient and that is helpful to increase those numbers. Another problem that is noticed on indemnity cases of traffic insuarance is the unsteady execution of Turkish Law. As a result of fatalism belief in Turkish society, the injured party generally doesn't demand the loss from the holder of damage. The documents that the insuarance company demands from the injured party creates another problem when risk has occured. Since the bureaucracy takes a long time in Turkey in many cases, the injured party reaches to an agreement with the holder of the vehicle and doesn't declare it to the insuarance company, so the idea of insuarance doesn't come into process. The Highway Traffic Garantee Fund has not been properly progressed yet. This fund should be reached to actual functioning level immediately. ^ B.87 IX - INSTRUCTIONS RELATING THE TRAFFIC INSURANCES AT THE EEC A - THE COUNCIL INSTRUCTIONS NO 72/166/EEC The first instruction in relation to the traffic insurance is the instruction No. 72/166 issued on 24.04.1972. The first article of the instruction is the vehicle the one suffered, national insurance office, the region where the vehicle is usually to be found and the green card concept and adaptable to the land traffic and not bound by ray and driven by engines and the trailers are considered as under these instructions. The zone where the vehicle is normally to be found are as follows : a) The member of the state which belong to the vehicle's official date, number. b) The state member having no required registration for those vehicles which have distinguishing signs or insurance plates. c) If plates or plaquettes or distinguishing marks for certain vehicles are not necessary, the country of the nation where the vehicle operator resides. The member nations normally give up the checking up the liability insurance of the vehicles found in other member state's country. Also the state members although it is in a third nation also give up checking the liability insurance check of the vehicles traveling from one state to their own. However in the last stage the sounding system can also be checked (Article 2/1).93 XI - CONCLUSION In Europan Community countries, the indemnity amount of traffic insurance has increased to high levels. Although in some other community member countries such as Germany there are minimum limits legistrated, both insured person and insuring party prefer the practise of unlimited policies. In recent years, it is noticed that goverment give necessary importance to insuarance matter especially new regulations are arranged in traffic tariffs. As it is seen at the latest tariffs, practised from the date of 1.1.1991, insuarance covers are considered insufficient and that is helpful to increase those numbers. Another problem that is noticed on indemnity cases of traffic insuarance is the unsteady execution of Turkish Law. As a result of fatalism belief in Turkish society, the injured party generally doesn't demand the loss from the holder of damage. The documents that the insuarance company demands from the injured party creates another problem when risk has occured. Since the bureaucracy takes a long time in Turkey in many cases, the injured party reaches to an agreement with the holder of the vehicle and doesn't declare it to the insuarance company, so the idea of insuarance doesn't come into process. The Highway Traffic Garantee Fund has not been properly progressed yet. This fund should be reached to actual functioning level immediately. ^ B.87 IX - INSTRUCTIONS RELATING THE TRAFFIC INSURANCES AT THE EEC A - THE COUNCIL INSTRUCTIONS NO 72/166/EEC The first instruction in relation to the traffic insurance is the instruction No. 72/166 issued on 24.04.1972. The first article of the instruction is the vehicle the one suffered, national insurance office, the region where the vehicle is usually to be found and the green card concept and adaptable to the land traffic and not bound by ray and driven by engines and the trailers are considered as under these instructions. The zone where the vehicle is normally to be found are as follows : a) The member of the state which belong to the vehicle's official date, number. b) The state member having no required registration for those vehicles which have distinguishing signs or insurance plates. c) If plates or plaquettes or distinguishing marks for certain vehicles are not necessary, the country of the nation where the vehicle operator resides. The member nations normally give up the checking up the liability insurance of the vehicles found in other member state's country. Also the state members although it is in a third nation also give up checking the liability insurance check of the vehicles traveling from one state to their own. However in the last stage the sounding system can also be checked (Article 2/1).93 XI - CONCLUSION In Europan Community countries, the indemnity amount of traffic insurance has increased to high levels. Although in some other community member countries such as Germany there are minimum limits legistrated, both insured person and insuring party prefer the practise of unlimited policies. In recent years, it is noticed that goverment give necessary importance to insuarance matter especially new regulations are arranged in traffic tariffs. As it is seen at the latest tariffs, practised from the date of 1.1.1991, insuarance covers are considered insufficient and that is helpful to increase those numbers. Another problem that is noticed on indemnity cases of traffic insuarance is the unsteady execution of Turkish Law. As a result of fatalism belief in Turkish society, the injured party generally doesn't demand the loss from the holder of damage. The documents that the insuarance company demands from the injured party creates another problem when risk has occured. Since the bureaucracy takes a long time in Turkey in many cases, the injured party reaches to an agreement with the holder of the vehicle and doesn't declare it to the insuarance company, so the idea of insuarance doesn't come into process. The Highway Traffic Garantee Fund has not been properly progressed yet. This fund should be reached to actual functioning level immediately. ^ B.87 IX - INSTRUCTIONS RELATING THE TRAFFIC INSURANCES AT THE EEC A - THE COUNCIL INSTRUCTIONS NO 72/166/EEC The first instruction in relation to the traffic insurance is the instruction No. 72/166 issued on 24.04.1972. The first article of the instruction is the vehicle the one suffered, national insurance office, the region where the vehicle is usually to be found and the green card concept and adaptable to the land traffic and not bound by ray and driven by engines and the trailers are considered as under these instructions. The zone where the vehicle is normally to be found are as follows : a) The member of the state which belong to the vehicle's official date, number. b) The state member having no required registration for those vehicles which have distinguishing signs or insurance plates. c) If plates or plaquettes or distinguishing marks for certain vehicles are not necessary, the country of the nation where the vehicle operator resides. The member nations normally give up the checking up the liability insurance of the vehicles found in other member state's country. Also the state members although it is in a third nation also give up checking the liability insurance check of the vehicles traveling from one state to their own. However in the last stage the sounding system can also be checked (Article 2/1).87 IX - INSTRUCTIONS RELATING THE TRAFFIC INSURANCES AT THE EEC A - THE COUNCIL INSTRUCTIONS NO 72/166/EEC The first instruction in relation to the traffic insurance is the instruction No. 72/166 issued on 24.04.1972. The first article of the instruction is the vehicle the one suffered, national insurance office, the region where the vehicle is usually to be found and the green card concept and adaptable to the land traffic and not bound by ray and driven by engines and the trailers are considered as under these instructions. The zone where the vehicle is normally to be found are as follows : a) The member of the state which belong to the vehicle's official date, number. b) The state member having no required registration for those vehicles which have distinguishing signs or insurance plates. c) If plates or plaquettes or distinguishing marks for certain vehicles are not necessary, the country of the nation where the vehicle operator resides. The member nations normally give up the checking up the liability insurance of the vehicles found in other member state's country. Also the state members although it is in a third nation also give up checking the liability insurance check of the vehicles traveling from one state to their own. However in the last stage the sounding system can also be checked (Article 2/1).