Karayolları Trafik Kanunu‟nda Destekten Yoksun Kalma Tazminatından Sigorta Şirketinin Sorumluluğu

Abstract

Insurance companies are liable for damages occurring as a result of traffic accidents. The source of the responsibility of the insurance company is the insurance contract. In this content, the content of the insurance contract it must be determined. The insurance contract is Mandatory Liability Insurance contract. According to this contract, the insurance company compensates the damages of the third parties that have occured due to the operation of the motor vehicle (High Way Traffic Code a. 85). According to this, there should be a damage for the insurance company to be liable for the operation of a motor vehicle. These damages occur due to the death or injury of third parties. The insurance company is also liable for compensation for loss of support due to death. Damage must occur during the operation of the motor vehicle. For insurance company to be hold liable, there must be an operating liable for damages. According to the law, the owner of the vehicle, long-term leaseholders, the borrowers in loan for use contracts, buyers with condition of reservation of property, pledge takers, passenger transport firms are considered as operating. Operating cannot bring salvation evidence. In case of absence of causal link, operating is released from liability. Damage of an individual who is deprived of support of the dead, is the loss of those who already have benefited from the support or who would have benefited in the future if death had not occurred. The damages due to the loss of support is indirect and pecuniary damage. Despite the fact that it is indirect damage, the law provides a right to claim with a special provision for the compensation of the damages. This is a principal and independent right to claim of the aggrieved party.