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07/11/2013

EKSİST (Expert Appoint & Follow-up System) is a system allowing the insurants or beneficiaries of an insurance contract appoint expert and monitor the appointment process through a web-based application?

What is EKSİST?

EKSİST (Expert Appoint & Follow-up System) is a system allowing the insurants or beneficiaries of an insurance contract appoint expert and monitor the appointment process through a web-based application?


Why EKSİST?
As it is known, the insurants or beneficiaries of an insurance contract have been granted the right to freely appoint expert by the Insurance Law No. 5684, article 22, paragraph 19. There were some ambiguities about how to apply this law provision, hence, it was required to define how this right can be exercised.

The "Circular on the Procedure for Conducting and Assessing the Damage Notices of Motor Vehicle Insurances", dated 14.02.2011 and no. 2011/5, was published by the Undersecretariat of Treasury to indicate the guidelines concerning application of the said law provision.

This circular stipulates that the insurants and beneficiaries can perform the expert appointments in this branch through the "Expert Appointment & Follow-up System" (EKSİST) within the Insurance Information and Monitoring Center. The circular sets out the expert appointment rules in this application and the general guidelines concerning functioning of the system.

History of EKSİST
The EKSİST system has entered into force on 1 April 2011 upon the "Circular on the Procedure for Conducting and Assessing the Damage Notices of Motor Vehicle Insurances", dated 14.02.2011 and no. 2011/5, issued by the Undersecretariat of Treasury. Steps of the circular were as follows:

The insurant may request appoint of expert through EKSİST system at any time he/she wants.
Unless otherwise indicated in the policy, fees are paid by the insurance company. If it is indicated on the policy that the fee expert fee is to be paid by the requester ins such cases, then the fee is paid by the insurant or beneficiaries of the insurance contract.

In appointments, random selection is made from among he experts meeting the criteria.
The expert notifies whether he/she accepts the job within 2 hours. Otherwise, he/she is deemed to have rejected. For an insurant who has been rejected 2 times, the expert is obliged to accept the job in the 3rd appointment request.

The insurance company should notify whether it accepts the expert appointed from the system, and if it does not accept, it should notify the information about the expert to be appointed by it to the system within 1 business day.

When the experts come to agreement, report can be prepared and repair can be started.
If there is disagreement between two experts, this is notified to the system, and one of the experts notified by SEİK, who have been doing expertise for 20 years and over, is selected randomly as dispute expert.
Fee of the dispute expert is shared equally between the parties according to the guide wage tariff.
While objections were raised to this regulation from the industry, there were also those who were happy with it. But the expected interest did not emerge. Only around 500 expert appointment requests were made during 1.5 year.

Finally, an Insurance Expert filed a lawsuit for stay of the execution before the Supreme Court of Appeals. The Supreme Court of Appeals awarded the decree of stay of the execution on the ground that several articles of the circular were not in conformity with article 22 of the Insurance Law No. 5684.

Main reasons of the decree of stay of the execution can be listed as:

The experts are appointed randomly by the system (they should be appointed freely according to the law).
The expert has to notify whether he/she accepts or rejects the appointment request within 2 hours (this period is 3 days according to the law).

The expert is deemed to have rejected if he/she does not reply the appointment request in due time (according to the law, the expert is deemed to have accepted if he/she does not notify a reply).
The Undersecretariat of Treasure published a circular dated 29 April and No. 2013/7, and the NEW EKSİST entered into force again as of 1 May.

New EKSİST
By the circular of the Undersecretariat of Treasury dated 29 April and No. 2013/7, the contradictions with the law were revised. The steps differing between this circular and the previous circular may be outlined as follows:

Options were added for the insurant to appoint the expert freely or randomly in the beginning of the expert appointment process.
The assessment period of the expert appointment request was increased from 2 hours to 3 business days.
İf no notifications were made by the expert on behalf of accepting or rejecting, it is assumed that the job was accepted by the expert.

By these changes, general flow of the EKSİST system was established as follows.

Conclusion
I hope the trust in insurance, the main problem of insurance industry, further strengthens with this application. Because in this application, all stakeholders of the industry will stay in very close contact with each other. It can be possible to meet on a common goal in respect of the insurants' seeking their rights, the experts' represent independence of the "expertise institution" in the best way, and the insurance companies' having to examine the events in more detail in their struggle with abuse.

My whish is that the insurants, experts and insurance companies do not fall into too much disputes in respect of the appointments within the system, and not much duty falls on dispute experts…

Best regards
Erkan ÇİNKO
Hatmer Unit Manager
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