I. Crime Scene Abandonment and Recourse
Leaving the scene after an accident is excluded from the coverage pursuant to Article A.5.10 of the General Terms and Conditions of Comprehensive Motor Insurance, if it is intended to prevent the identification of the driver. Namely; “Leaving the scene of the accident in order to prevent the identification of the driver, except in compulsory cases (going to a health institution for treatment or assistance, moving away due to life safety, etc.).”
Bu durumda, olay yerini terk eden sürücünün hareketi zorunlu değilse ve sürücünün tespit edilmesi engellenecekse, sigorta şirketi zarar görene ödeme yaptıktan sonra halefiyet hakkını kullanabilir. Ancak sigorta şirketi bu davranışın iyi niyetli olup olmadığını ve zorunlu bir durumun varlığını ispat etmek zorundadır; ispat yükü sigortacıya aittir.
II. The Right of Recourse of the Compulsory Financial Liability Insurer within the Scope of the Incident Scene Abandonment
(In light of the Decision of the 4th Civil Chamber of the Court of Cassation dated 13.02.2025 and numbered 2024/11202E. 2025/2473K. and the Decision of the Board of Presidents)
Pursuant to Article 91 of the Highway Traffic Law, Compulsory Financial Liability Insurance (“CPLI“) provides coverage for material and bodily damages that motor vehicle operators may cause to third parties. However, in certain circumstances, the insurer has the right of recourse against the insured or the operator. In this section, the conditions and limits of the right of recourse, especially in the case of leaving the scene of the accident, are evaluated in light of the decisions of the 4th Civil Chamber of the Court of Cassation and the Board of Presidents dated 2025.
III. Legal Nature of Crime Scene Abandonment
Pursuant to Article 81 of the Highway Traffic Law No. 2918, the driver’s leaving the scene after an accident without fulfilling his/her obligations to law enforcement or first aid constitutes a legal fault and violation. This action is often considered as “fleeing”.
In the case law of the Court of Cassation, although leaving the scene of the incident is not considered a ground for recourse on its own, the right to recourse may be brought to the agenda by taking into account the circumstances of the incident and its impact on the damage.
IV. Basis of the Insurer’s Right of Recourse
According to Article 97/2 of the Road Traffic Law and Article B.4.2 of the General Conditions of the ICCS:
“After paying the indemnity to the beneficiary, the insurer may recourse to the responsible parties if the insured has intent, gross negligence or out-of-coverage conditions specified in the policy.”
Although the act of leaving the scene is not directly mentioned in these articles, it can be considered within the scope of “gross negligence”. However, for this, the act of abandonment must cause damage.
- In the Light of the Decision of the Board of Presidents of the Civil Chambers of the Regional Courts of Appeal and the Decision of the 4th Civil Chamber of the Court of Cassation dated 13.02.2025 and numbered 2024/11202 E., 2025/2473 K., the Right of Recourse in Crime Scene Abandonment and Compulsory Traffic Insurance
Applied for compulsory traffic insurance policies issued after 01.06.2015 Article B.4-f of the General Terms and Conditions of the Compulsory Financial Liability Insurance for Motor Vehicles on Highways (“CMSS”), the text is not written clearly and precisely but in essence In all traffic accidents causing material or bodily damage, the insurer may recourse to the insured for payments made to third parties in case of violation of the obligation to leave the scene of the accident and to issue the necessary documents regarding the circumstances of the accidentortaya puts it.
In this regulation, exceptional cases are indicated with the expression “except“. For example, in cases where the insured or the persons for whom the insured is responsible go to a health institution for treatment or assistance in traffic accidents causing bodily injury, or in cases where the insured is obliged to move away for reasons of life safety, the insured is exempted from the recourse provided by this article.
The fact that the mandatory circumstances listed in Article B.4-f of the General Terms and Conditions and the breach of the obligation to issue documents regarding the circumstances of the accident are not limited in number and are given as examples, has created the impression that the exceptions at the beginning of the article text are only valid for accidents with bodily injury. However, as confirmed by the legal precedents and especially by the decision of the 4th Civil Chamber of the Court of Cassation dated 13.02.2025 and numbered 2024/11202 E., 2025/2473 K,
Even if there is no accident with bodily injury, the insurer’s right of recourse against the insured arises, with exceptions, in the event of leaving the scene of the incident.
In this context, leaving the scene of the incident is considered to be a ground for recourse, and the insured bears the burden of proving this situation with one of the compulsory reasons listed in Article B.4-f of the General Terms and Conditions. The insured will be relieved from recourse only if he/she proves one of the compulsory reasons listed.
The decision of the 4th Civil Chamber of the Court of Cassation dated 13.02.2025 is of great importance in terms of definitively demonstrating that leaving the scene of the incident within the scope of compulsory traffic insurance is the reason for the insurer’s recourse to the insured not only in traffic accidents with bodily injury but also in traffic accidents with material damage. The decision also states that the decisions of the 9th Civil Chamber of the Istanbul Regional Court of Appeals, the 11th Civil Chamber of the Antalya Regional Court of Appeals, the 26th Civil Chamber of the Ankara Regional Court of Appeals and the 7th Civil Chamber of the Sakarya Regional Court of Appeals should be taken as basis in resolving disputes.
These findings are of critical importance in terms of broadening the scope of the right of recourse in compulsory traffic insurance practices, clarifying the responsibilities of insured persons who leave the scene of an accident, and preventing unfair payments by insurance companies.