Nöbetçi Eczaneler
The 5th Issue of the Legal Bulletin by the Guarantee Account Published (January 2026)
The Guarantee Account has released the fifth edition of its Legal Bulletin for January 2026. This issue thoroughly examines regulatory updates influencing insurance law during the final quarter of 2025, introduces the monetary limits applicable from 2026 onward, and analyzes landmark judicial decisions.
2026 Traffic and Insurance Regulations
According to the bulletin, starting January 1, 2026, the coverage limits for the Compulsory Motor Vehicle Liability Insurance (CMVLI) have been revised upward. Based on vehicle categories, the coverage per person for injury or death is now 3,600,000 TL, while the total accident coverage varies between 18,000,000 TL and 36,000,000 TL. Additionally, updates to the Highway Traffic Regulations require motorcycle riders and passengers to wear protective gloves, while T3 tractor operators are now obliged to use helmets and protective goggles.
Economic Indicators and Monetary Limits
The revaluation rate for 2025 has been determined as 25.49%. Nonetheless, by Presidential Decree, this ratio will be applied as 18.95% in 2026 for Motor Vehicle Tax (MTV), stamp duty, and fee calculations. As of January 1, 2026, the mandatory invoice threshold under the Tax Procedure Law has been updated to 12,000 TL. The Insurance Arbitration Commission’s application charges and notification expenses have also increased with the new fiscal year.
Changes in DASK and Private Health Insurance
Through an amendment regarding Compulsory Earthquake Insurance (DASK), the maximum coverage limit, independent of building type, has been raised to 2,095,462 TL. Revisions to the Private Health Insurance Regulation have introduced common standards regarding unified waiting periods, the provision of lifetime renewal guarantees under defined conditions, and transparency obligations on information disclosure.
Precedent Court Decisions
The bulletin highlights four prominent judicial rulings that substantially influence the enforcement of insurance law:
1. “Judicial Harassment” and the Principle of Good Faith: The 4th Civil Chamber of the Court of Cassation defined filing repetitive lawsuits over an identical dispute as an “abuse of the right to access the courts” and labeled it “judicial harassment,” given it imposes unnecessary attorney fees and expenses on the opposing party.
2. Alcohol and Recourse Relationship: The 11th Civil Chamber of the Court of Cassation reaffirmed that for insurers to seek recourse against an intoxicated driver, the accident must have occurred solely due to alcohol consumption. Simply being under the influence is insufficient; a direct causal connection must be established.
3. Temporary Disability Compensation: The Supreme Court’s 4th Civil Chamber concluded that compensation for temporary disability must be evaluated under the “permanent disability” coverage rather than “medical expenses.”
4. Responsibility of Repair Shops: The court emphasized that in vehicle accidents occurring during repair or maintenance, a workshop can only be held liable if it explicitly assumes “actual control” over the vehicle. Minor or short-term repairs are not considered under this category.
Constitutional Court Decision on Annulment
The Constitutional Court annulled Article 1 of Law No. 3095 concerning Statutory Interest and Default Interest for “non-contractual debt relations.” The Court stated that the decline in money’s value amid inflation breaches the constitutional right to property.
