A new application is starting in traffic! It will be mandatory in 5 days.

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The mandatory traffic insurance's continuation for 15 days after the sale of the vehicle will end on December 5.

The Constitutional Court (AYM), upon the appeal of the Adana 4th Consumer Court, annulled the provisions of the Highway Traffic Law stating that "the insurer may terminate the insurance contract within 15 days from the date of notification of the situation to him" and "the insurance is valid until 15 days after the termination date" as unconstitutional.

NEW APPLICATION STARTS ON DECEMBER 5

The relevant decision was published in the Official Gazette dated March 5, 2024, and it was decided that the annulled provisions would come into effect 9 months later, on December 5.

In its reasoned decision, the AYM pointed out that in the event of an accident involving a sold vehicle that has been transferred to another party, the recording of the damage in the old owner's records due to the 15-day protection period and the recourse to the old vehicle and policy owner for this reason, as well as the additional premium payment by the old vehicle owner, indicated unfairness.

PREVENTING VICTIMIZATION

In the practices before the mentioned decision, notaries were processing transactions by checking the validity of the policy ownership, regardless of who the vehicle belonged to. This situation caused thousands of vehicles to operate without insurance on the road for 15 days after purchase, leading to serious victimization due to accidents.

With the AYM's annulment decision coming into effect on December 5, it will be prevented that those who purchase vehicles go on the road without an insurance policy. It is anticipated that the new application will not only reduce the rate of uninsured vehicles but also positively contribute to the insurance sector in terms of the rights and obligations of the old vehicle owner.

INTERIOR MINISTRY IS EXPECTED TO MAKE REGULATIONS

According to information obtained from the Turkey Insurance Association (TSB), it is expected that the General Directorate of Security of the Ministry of Interior will make regulations to fill the gap arising from the AYM's annulment decision, which will come into effect on December 5. It is anticipated that this regulation will reduce the rate of uninsured vehicles and lead to new premium entries for the sector.

On the other hand, agents will not have any additional processing obligations other than the cancellation of the old policy after the sale of the vehicle.

Citizens will also be able to safely go on the road after obtaining their vehicle registration documents after taking out their policies. If the vehicle registration is not obtained, the policy taken out can be canceled within a few days.