Right of Recourse in Motor Insurance: When the Insurer Can Come Back to You

Many drivers believe that as long as they have traffic insurance, they can never be held personally responsible for damage caused to the other party. Broadly that is true, but there is an important exception: recourse, or rücu in Turkish. It means an insurer recovering compensation it has paid, in certain situations, from its own policyholder or from another person responsible for the damage. This guide explains the general logic in plain language. The information is general; in a specific case, the policy terms and the circumstances decide.

Why recourse exists

Compulsory traffic insurance under Law No. 2918, the Highway Traffic Law, exists to protect third parties injured in accidents. In some cases the insurer therefore pays the injured party even when its policyholder seriously broke the rules. It can then recover what it paid from the policyholder in the situations listed in the policy’s general conditions. The injured party is protected, and the person who broke the rules bears the consequences.

Typical situations that can lead to recourse in traffic insurance

When the right of recourse arises is set out in the general conditions and the relevant regulations. Broadly known situations include:

• Driving under the influence of alcohol or drugs: The driver is under the influence in breach of the rules, and this is linked to the accident.
• Driving without a licence, or without one for the right vehicle class: The driver does not hold a valid licence for that vehicle.
• Intentional damage: The damage was caused deliberately rather than by accident.
• Other situations listed in the conditions: For example, using the vehicle in breach of rules on carrying goods or passengers.

Whether recourse applies in a given case depends on the link between the breach and the damage and the specific circumstances. Avoid generalisations such as “this always means recourse” and get expert advice on the actual case.

For expats there is an extra point: make sure the licence you drive on is valid in Turkey for your residence status and the vehicle class. A licence problem can turn an ordinary claim into a recourse case.

Kasko works differently

Kasko (Turkish comprehensive motor insurance) is optional cover for damage to your own car. Situations such as drink-driving or driving without a licence are usually written as exclusions in kasko policies. Rather than the insurer paying first and recovering later, this can mean the damage is simply not paid. Conditions vary, so read the exclusions section of your own policy.

Recourse that works in your favour

Recourse also has a side that helps you. If your car is hit by an at-fault driver and you claim from your own kasko, your insurer can recover what it paid from that driver and their traffic insurer. You get your car repaired quickly, and the cost ends up with the party at fault.

Does İMM close the gap?

Some drivers assume a high İMM (voluntary excess liability) limit protects them from recourse. In practice, İMM covers also usually exclude drink-driving or driving without a licence. Do not assume any extra cover will absorb the consequences of breaking the rules.

How to protect yourself

1. Follow the rules: Never drive under the influence, and only hand the car to people with a valid licence.
2. Check who drives your car: Make sure any family member, employee or friend has a licence valid for that vehicle class.
3. Declare use correctly: Show commercial use or carrying goods or passengers accurately in the policy.
4. Read the conditions: Knowing the exclusion and recourse situations avoids surprises.
5. Get help as soon as a recourse claim arrives: Before replying, review it with your agency and, if needed, a lawyer. Ask the insurer in writing for the grounds, payment documents and calculation, and check your legal protection cover.

A recourse claim is not automatically beyond question: the grounds, the link between breach and damage and the amount can all be examined, as can who is responsible when the owner and driver are different people.

Knowledge is the best protection

Knowing which situations your policy treats as recourse or exclusions protects both you and anyone who drives your car. See our traffic insurance in Maslak and comprehensive car insurance (kasko) in Maslak pages, and for the basics compulsory traffic insurance explained.

To read the recourse and exclusion terms of your policy together, call us on +90 530 375 89 61 or send a message on WhatsApp — our team offers English support. Our office is in Maslak Atatürk Oto Sanayi Sitesi.