Does car insurance cover non-pecuniary damages?

Does Car Insurance Cover Non-Pecuniary Damages? | Attorney Gamze Gül GİRGEÇ

1. What is a Claim for Non-Pecuniary Damages?

Turkish Code of Obligations’According to Article 56 of the law, in cases such as a person suffering bodily harm, a serious attack on their dignity, or the death of a close relative, the injured party or their relatives may claim compensation for non-pecuniary damages. In traffic accidents, these claims are directed at the driver who caused the accident.

2. Does Compulsory Motor Insurance Cover Non-Pecuniary Damages?

No. Compulsory traffic insurance is only valid within the specified limits. material damage And bodily harms It provides security. However moral damages, This type of insurance does not cover this. Therefore, drivers can be held liable with their personal property in such lawsuits.

3. Comprehensive Motor Insurance and Optional Liability (OL) Coverage

In addition to its main coverages, comprehensive car insurance also includes optional coverages that can be added to the policy. Voluntary Financial Liability (VTL)It can be expanded with additional coverage. This coverage also safeguards damages outside the scope of mandatory insurance. Many insurance companies offer this coverage under the IMM (Internal Measuring Insurance) scheme. claims for moral damages It covers the costs within the limits specified in the policy.

4. If a claim for moral damages is filed against you, can you seek recourse from the insurance company?

If your policy includes IMM (Internal Medicine) coverage and the scope of this coverage... moral damages if it includes, the claims regarding the lawsuit filed against you covered by your insurance company within the scope of your policy coverage. It is possible. 

However, the insurance company may seek recourse from you in certain circumstances (e.g., intentional damage, gross negligence, alcohol use, driving without a license, etc.). Therefore, it is crucial to carefully review the specific terms and conditions of your policy.

Consequently, claims for moral damages arising from traffic accidents are not covered by mandatory traffic insurance and can create a significant financial burden for drivers. However, it is possible to significantly reduce these risks with the Optional Liability coverage included in your comprehensive insurance policy. By carefully reviewing the scope of your policy and seeking legal support when necessary, potential losses can be avoided.

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