The Liability of in Accidents Restricted due to Mental Illness and Right of Recourse of Insurer

Abstract

For those who comply with the definition of disabled in article 7/2b of the Special Consumption Tax Law No. 4760, vehicle purchases have been facilitated by exemption to special consumption tax. The definition of disability in the article mostly includes people with mental illness too. In order to restrict the mentally ill people, it is generally requested from the peace court to appoint a guardian by application. In accordance with the law no. 4768, the tax-exempt vehicle is purchased on behalf of the restricted and, although the owner is the restricted, often used by the guardian. However, due to the fact that they are operated, motor vehicles carry the risk of creating danger at any time. In cases where the vehicle of the person restricted due to mental illness is involved in a (traffic) accident, the liabilities of the restricted and the guardian are different. The study examines the liabilities of the restricted and the guardian against the damaged party within the scope of compulsory liability insurance, if the vehicle owned by the restricted is involved in an accident.