Who can sue for financial and moral compensation in bicycle accidents:
There is a dual distinction in this regard. If the victim of a bicycle accident is alive, he or she can personally sue for financial and moral compensation. If the victim has passed away, his relatives, mother, father, wife, children, siblings, fiancée, persons under his care and support who have suffered material and moral damage with his death, have the right to sue for compensation for material and moral damage. If the victim filed a claim for damages before he died, they can continue the case.
Who is suing for pecuniary and non-pecuniary damages in a bicycle accident:
Although it will be the first solution that comes to mind to claim damages caused by an accident from the opposite party that has a defect in the accident, in most cases, such as if the defect is not on the opposite side, the opposite party does not have an economic situation to cover the damage, or if it does not have an heir, insurance companies are the place to apply.
Because the amount of compensation may be high in bicycle accidents that result in death or loss of a limb, it may be very difficult for the other party to meet it. For this reason, a lawsuit against the insurance company can have the most accurate consequences. A damaged person can file a claim directly against the insurer within the limits provided for in mandatory financial liability insurance, as well as Sue.”Contains the provision.
The insurance company to which the case will be filed may be the insurance company that prepares the bicycle or insurance policy of the person who caused the accident. If these insurance companies are different from one, it is also possible to sue both of them from the Union.
What can be done if the person who caused a bicycle accident (mandatory financial liability insurance) does not have bicycle insurance :
Compulsory financial liability insurance (bicycle insurance) is a type of loss insurance created to protect both third parties and the insured to cover the losses incurred by the insured to third parties. In order to ensure that the responsibilities of the operators are met, it is necessary that they make financial liability insurance. Vehicles that do not have mandatory liability insurance are prohibited from entering traffic.
Despite this, in practice, many vehicles run into traffic without bicycle insurance and are involved in accidents. Despite the ban, the legislator established an assurance account to prevent third parties from becoming victims in the event of damage caused by these vehicles traveling on bicycles. In this way, even if the party causing the accident does not have bicycle insurance, it can claim compensation for its losses from the assurance account.
What is the period of financial and non-pecuniary compensation for bicycle accidents and the time-out period:
The period set out in the law to file a claim for compensation for material and moral damages is 2 years from the date when the victim learns of the damage suffered and the perpetrator. If the person authorized to sue for damages has not learned of the damage or the perpetrator, the right to sue expires after 5 years have passed since the date of the accident. These periods are the duration of the case against the person who caused the harm. If the case is filed against the insurance company, this period is 5 years.
If a situation resulting from a bicycle accident requires a penalty and a criminal case, the time-out period will be longer, since the longer time-out period regulated by the criminal laws will be applied.
Can the driver or passengers of the defective vehicle that caused the accident sue for damages ?
Here, passengers ‘ rights to sue the driver or the owner of the car are very subject, but in many cases, such as family reasons, emotional reasons, it is not desirable to sue the driver of the car. So, can a lawsuit be filed against the insurance company in such a situation? Here we come across two types of insurance policies. Compulsory financial liability insurance (bicycle insurance) and discretionary financial liability insurance (Casco).