This article explains the inquiry and appeal procedures for the Accident Report Form for Traffic Accidents Resulting Only in Property Damage, as set out under Circular No. 2017/18.
What is an Accident Report Form?
An Accident Report Form is a document prepared by parties involved in a traffic accident that results only in property damage. This eliminates the need for police or insurance company involvement if both parties agree on the circumstances of the accident.
Since April 1, 2008, parties involved in minor accidents can draft these reports independently. This system reduces traffic delays and enables citizens to track their reports online.
How Does the System Work?
- Submission of the ReportAfter an accident, the involved parties complete the Accident Report Form and submit it to their insurance company's claims department.
- Submission to SBMThe insurance company forwards the report and accompanying photos (if available) electronically to SBM by the end of the next business day.
- Liability Assessment
- Notification to Insured PartiesOnce the case is resolved, SBM notifies insured parties via SMS or email. Insured parties can check the liability percentages and appeal if necessary.
The Role of SBM
The Insurance Information and Monitoring Center (SBM) provides a digital platform for insurance companies to upload reports and for insured parties to monitor the status of their reports.
The Accident Liability Assessment Commission, an independent body, resolves disputes where insurance companies fail to agree on liability percentages.
How to Appeal Liability Percentages
Key Provisions of the Circular
Appeal Rights. Insurance companies can appeal the Commission's decisions at any time, but only on the grounds of material errors.
Appeal Procedure
- Notification of Liability RatesThe Insurance Information and Monitoring Center (SBM) informs the relevant insurance companies and insured parties simultaneously about the determined liability rates through their provided contact details. If insurance companies agree on the liability assessment, insured parties have a one-time right to request a reassessment. This request must be submitted within 5 business days of notification and include additional information or documents that may impact the evaluation. Insurance companies will review the request within 3 business days as per the procedures outlined in the Circular.
- Timing of AppealsAppeals submitted to irrelevant authorities rather than insurance companies within the stipulated 5-day period will pause the countdown of the appeal period.
- Resolution of DisputesIf no appeal is made within 5 business days, or if a dispute over the liability rates persists despite an appeal, the issue may be resolved through the Insurance Arbitration Commission or other legal means.
- Corrections of Material ErrorsErrors arising from incomplete or incorrect information, including liability assessments, can be rectified with the mutual agreement of the parties involved.
- Cases Involving the Same Insurance ProviderWhen the involved vehicles are insured by the same company, the insured parties have the right to appeal to the SBM Accident Assessment Commission within 5 business days of receiving the liability assessment. The burden of proving the completion of the appeal period rests on the claimant.
If you disagree with the outcome, you may also pursue formal legal remedies, much like the process for objecting to administrative fines in Turkey or appealing a traffic fine via e-Devlet. Where a dispute turns on a technical liability assessment, knowing how to challenge an expert report in the Turkish legal system can be decisive.
Innovations in Accident Reporting
Since April 2008, Turkey has been a pioneer in digitizing accident reporting. The Sigortam360 Mobile Application, developed by SBM, allows drivers to complete reports digitally, eliminating the need for physical forms and pens.
Using the "Mobile Accident Report" feature, drivers can quickly and efficiently document accidents with just a smartphone, ensuring a hassle-free process.
Did You Know?
In 2017, Turkey recorded over 816,000 accidents, with a daily average of 2,237 accidents. The digital accident reporting system has significantly streamlined the resolution process, saving time and reducing congestion.
Liability questions become more complex where alcohol is involved; see our guide on insurance coverage in traffic accidents involving alcohol.
For more information on accident reporting or to inquire about your report, visit www.sbm.org.tr. For expert legal support tailored to your needs, contact Bayraktar Attorneys.
