Notice on Accident Reports to be Filled in by Parties Involved in Traffic Accidents Resulting in Material Damages Only
(2017/18)
3.6 Companies can object to the Commission's relevant decisions only for errors in fact, without a time limit.
4. Objection Procedure
4.1 SBM shall report the determined liability rates simultaneously to the relevant insurance companies and to the policyholders via the communication details provided. If the insurance companies reach an agreement in the fault assessment, each policyholder may, on an ad-hoc basis, ask the insurance companies to reassess the liability rates, on the condition that it provides additional information and documentation that might have an impact on the assessment, according to the provisions defined in the Notice, within five days following the reporting of the liability rates. Upon this request, the insurance companies shall reassess the fault rates within three days as per the procedure defined in this notice.
4.2 If, within the given time, objections regarding the fault rates are made to non-relevant authorities, said objection time of five days shall be cancelled.
4.3 If relevant parties do not exercise their right of objection within five days or if the conflict regarding the fault rate continues although they have used said right, it shall be possible to apply to the Insurance Arbitration Commission or private law remedies to resolve the conflict.
4.4 Errors in fact resulting from inputting missing or incorrect information, including fault assessments, shall be corrected through agreement by companies.
4.5 If the insurers of the traffic insurance policies issued for vehicles involved in the accident are the same company, parties to the accident reserve the right to make an objection to the SBM Report Assessment Commission for the fault assessment within five days following their receipt of the said fault assessment carried out by the relevant insurance companies for the accident. Burden of proof of the completion of said objection time lies with the claiming party.
How does this system work?
Accident Reports filled in by the parties involved in the accident are sent to the damage department of insurance companies. Insurance companies send the report, together with photographs (if any), to the Information and Monitoring Center electronically, until the end of the following business day.
Within three business days after the reports have been registered in the SBM system, each insurance company shall carry out their own fault assessment. These rates are 0%, 50% and 100% for each vehicle involved in the accident. If companies agree (if the same fault rates are provided by all companies), the file shall be concluded.
If they cannot agree within three business days (if at least one company states a different fault rate), the file shall be submitted to the Accident Fault Assessment Commission. The Commission shall conclude the said file within three business days.
Once the file has been concluded, policyholders shall be informed via mobile phone or e-mail (If both details are included in the report, both e-mail and SMS shall be sent).
Policyholders can visit http://www.sbm.org.tr and click "Accident Report Inquiry" under the "Services" menu to find out their fault rates. Policyholders wishing to make an objection to the fault rates concluded through agreement between companies shall have the right to apply to the insurance company within five days, together with new additional documents. If the right of objection is not used within five days or if it has been used but it is considered that the request has not been met, objections of the policyholders regarding fault rates shall be resolved by the Arbitration Commission and private law remedies.
However, if the insurance companies of both vehicles involved in the accident are the same, the policyholder can click "Accident Report Inquiry" under the "Services" menu at http://www.sbm.org.tr to object to the company's decision within five business days, and make sure that the report is assessed by the Accident Fault Assessment Commission.
SBM's Function
SBM is responsible for creating a system where insurance companies can input reports, and where policyholders can inquire about their reports, as well as creating the infrastructure for this system.
Accident Fault Assessment Commission is an independent commission whose main duty is to conclude "files on which insurance companies cannot agree with regards to fault assessment".
Objections regarding the files concluded by the Accident Fault Assessment Commission can be made through the court.
You can use the following methods find out the status of your report: http://www.sbm.org.tr "Services" menu, "Accident Report Inquiry"; SMS 5664 Service, and www.sigortam360.com.
According to the accident report data collected at our headquarters, more than 816,000 accidents happened in our country in 2017, and the daily average number of accidents was over 2,237.
Accident Reports, which have been issued in paper forms since April 2008, can now be filled in via smart phones for the first time in the world thanks to the Mobil Kaza Tutanağı (Mobile Accident Report) app developed by SBM in Türkiye.
Thanks to the "Mobil Kaza Tutanağı" app, it is now much easier and quicker for drivers to fill in the form. Drivers using the app does not have to have a current accident report and a pen in their cars anymore. The only thing required to issue an accident report is a smart phone at the scene of the accident.
Download the App...
On App Store, search “Mobil Kaza Tutanağı” or click the icon below,
On Google Play, search “Mobil Kaza Tutanağı” or click the icon below,
After the accident, the accident report is automatically sent to the companies via the Mobile Accident Report app. Thanks to the fact that the report is sent to the insurance companies immediately, the time to get the results is shortened.
Relevant Examples