Someone Else Was Driving Your Car: Accident Liability and Insurance

You lent your car to a friend, your newly licensed son or daughter took it to the shops, or a valet parked it at a restaurant — and there was an accident. Questions follow quickly: will my traffic insurance pay the other side? Will my kasko (comprehensive motor insurance) cover my car? Whose record does the claim go on? This guide explains the general relationship between insurance and liability when someone other than the owner is driving.

The basic principle: traffic insurance follows the car

Compulsory traffic insurance under Law No. 2918, the Highway Traffic Law, covers damage caused to third parties while the vehicle is being operated. The policy is attached to the vehicle, not to a person. So whoever is driving, in an accident where your car is at fault the other side’s damage is, as a rule, paid by your car’s traffic insurance.

This does not remove the driver’s own responsibility. The owner (the registered keeper) and the driver can be held jointly responsible for the damage. Deciding who drives your car is therefore not only a question of trust but also a legal decision.

Recovery risk: can the insurer come back to you?

Traffic insurance pays the third party, but in some cases the insurer can later recover what it paid from the keeper or the driver. Recovery typically comes up when:

• The driver has no valid licence, or the licence class does not match the vehicle,
• The driver was under the influence of alcohol or drugs,
• The accident was caused deliberately,
• Other serious-fault situations set out in the policy conditions apply.

The scope of recovery is assessed under the legislation and policy terms. The practical lesson is simple: never hand your car to someone whose licence you are not sure about. Expats should also remember that the validity of a foreign licence in Turkey depends on the person’s status and the applicable rules; if in doubt, check before lending the car.

The kasko side: driver restrictions

Kasko is voluntary and terms vary. Many policies do not restrict who drives, but some include:

• Age limits for younger drivers,
• Licence duration rules for newly licensed drivers,
• Named drivers only,
• Extra deductibles when young or new drivers are at the wheel.

These can lower the premium, but an undeclared driver having an accident can cause problems. If a young family member drives the car regularly, tell your agent when the policy is arranged.

Scenarios

You lent the car to a friend

If your friend hits another car and is at fault, the other side is paid by your car’s traffic insurance. Damage to your car is covered by kasko, if you have it, under the policy terms. The claim goes on your policy, so you feel the effect on your step and no-claims discount at renewal. Agreeing in advance how any costs will be shared protects the friendship too.

Your newly licensed child was driving

If the licence is valid, traffic insurance responds. For kasko, any age or licence-duration restriction in your policy is decisive; an undeclared restricted driver can lead to payout problems.

A valet or garage employee was driving

With valet, car park or garage services, the business’s responsibility also comes into play. Get a ticket or handover receipt and note any existing damage at handover. How the claim proceeds depends on the business’s insurance and the circumstances.

An employee was driving a company car

The company is the policyholder, so an employee’s accident goes on the company’s record. Companies should keep track of who drives which car, check licences periodically and share written instructions for accidents.

What to do at the scene

1. The person driving completes the accident report with their own details as the driver, not the owner’s.
2. The driver’s licence details must be recorded in full.
3. As the owner, notify your agent as well; you are the policyholder.
4. Collect photos, witness details and any camera footage.

A false statement, such as naming someone else as the driver, can lead to the claim being refused and serious legal consequences. For help, read how to complete a joint accident report.

Quick checklist before lending your car

• Is the driver’s licence valid and right for the vehicle?
• Does your kasko have age, licence or named-driver restrictions?
• Are your traffic insurance and kasko up to date?
• Does the driver know what to do and whom to call after an accident?

If several people in your household drive the same car, we can check that your policy fits. See our traffic insurance in Maslak and comprehensive car insurance (kasko) in Maslak pages, call us on +90 530 375 89 61 or send a message on WhatsApp for English support.