30-01-2002, 16:41 | #1 |
|
Limitation Periods And The Fund Of
I am acting in a case arising out of a road traffic accident in Turkey on
the 6th August 1998. My client was severely injured. She was a passenger on a motorbike. The driver was uninsured. Two questions:- 1.What is the limitation period for pursuing a civil claim against the driver of the motorbike? I have been told that it is either two years or ten years! 2. Is there a scheme in Turkey from which payments can be made in relation to accidents involving uninsured drivers? I understand that there is a Turkish Motor Bureau but that this does not cover such claims. Is this correct? I have also been referred to the Fund of Motor Vehicles. Is this the correct body? If so can you please supply their details. Many thanks for your help. Sian Warren, Solicitor |
30-01-2002, 16:41 | #2 |
|
1- What you've been told is right. In your case your limitation period was
2 years and has ended. 2- You can appeal to "Assurence Fund" (="Garanti Fonu") according to Turkish Trafic Law (Karayolları Kanunu) article 98. Assurence Fund is responsible of compensating uninsured drivers actions. Though I dont know if 2 year limitation also applies to Assurence fund applications. |
30-01-2002, 16:42 | #3 |
|
Many thanks for your help.
Do you have details of the Assurence Fund? For example their address, telephone number, fax or e-mail details. Thank you. |
30-01-2002, 16:42 | #4 |
|
Honestly I didnt know but have checked it out for you. Here are what
I've found: Assurence Fund is directed by Turkish Insurance Companies Organization ( Türkiye Sigorta ve Reasürans Şirketleri Birliği) and application should be sent to them via registered mail. Their Address is "Büyükdere Caddesi Büyükdere Plaza No:195 Kat 1-2 80620 LEVENT ISTANBUL TURKEY", phone: 90 212 324 19 50 and Fax: 90 212 325 61 08. You can find their web page at http://www.tsrsb.org.tr/. And more information about how compansation and their operation works can be found at Traffic Assurance Fund Regulation (Karayolları Trafik Garanti Fonu Yönetmeliği). Its web page is at http://www.hazine.gov.tr/mevzuat/garfon1.htm It's in Turkish though.. |
30-01-2002, 16:43 | #5 |
|
Many thanks for all your help.
|
30-01-2002, 16:43 | #6 |
|
I would not be so sure about the time limit applicable to the action. Take
a look at the Criminal Code, too, which may provide for a longer time limit, depending on the nature of injury and the number of days to rest, as indicated in tne doctor report. Kind regards. Izzet Hamle hamle-law@superonline.com |
30-01-2002, 16:44 | #7 |
|
Re: your query re: limitation - have you commenced any action for your
client? Does she have a cause of action in this country? The reason for my question is I have just been consulted by a family who had a serious RTA in Turkey on 17/9/01 and I was a little dubious as to whether there was anything I could do for them. I would be grateful for ANY replies! Many thanks |
Şu anda Bu Konuyu Okuyan Ziyaretçiler : 1 (0 Site Üyesi ve 1 konuk) | |
|
Benzer Konular | ||||
Konu | Konuyu Başlatan | Forum | Yanıt | Son Mesaj |
Limitation Of Action For Breach Of Contract | Konuk | Turkish Law | 2 | 04-07-2004 11:11 |
Turkish Limitation Periods | Martin | Turkish Law | 1 | 29-04-2004 17:31 |
Limitation Date For Accident Claim | Elizabeth Saunders | Turkish Law | 1 | 22-02-2002 18:48 |
Türk Hukuk Sitesi (1997 - 2016) © Sitenin Tüm Hakları Saklıdır. Kurallar, yararlanma şartları, site sözleşmesi ve çekinceler için buraya tıklayınız. Site içeriği izinsiz başka site ya da medyalarda yayınlanamaz. Türk Hukuk Sitesi, ağır çalışma şartları içinde büyük bir mesleki mücadele veren ve en zor koşullar altında dahi "Adalet" savaşından yılmayan Türk Hukukçuları ile Hukukun üstünlüğü ilkesine inanan tüm Hukukseverlere adanmıştır. Sitemiz ticari kaygılardan uzak, ücretsiz bir sitedir ve her meslekten hukukçular tarafından hazırlanmakta ve yönetilmektedir. |