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11 July 2017, new Regulation introduces the Risky Insureds’ Pool (RInP) which is administrated by Turkish Motor Insurers’ Bureau. Aim of the RInP is separated accident-prone from the others and will assist to distribute losses from the accident-prone. The Pool will provide the maintainability to Third Party Motor Liability Insurers System. In order to maintainability, premium should be sufficient for the policy coverage as well as affordable by the insured.
As the MTPL insurance is obligatory, driver must have the MTPL policy as well as insurer who has licence of it are also must issue the policy.
For this reason the regulation, distribute the high damage frequency grade and/or vehicle type policies premium and damages to all the insurance company in order to avoid concentration of one or few companies. Therefore RInP established for all vehicles in 1st, 2nd and, 3rd grades and taxis, minibuses, buses, trucks and tow trucks in all grades.
Scope of the Risky Insureds’ Pool are all vehicles in 1st, 2nd and, 3rd grades as well as all grades of taxis, trucks, tow trucks, minibuses, buses (for 10-17 person), buses (for 18-30 person) of Regulation on Tariff Implementation Principles for Motor Vehicles Compulsory Third Party Liability Insurance[i].
Scope of Risky Insureds’ Pool:
The premium collected in the pool and the damage paid are shared between the companies by TMIB in two stages. First, 50% of the damage and the premium are equally shared among the members who are licensed in the traffic branch. Then the remaining 50% is calculated and distributed according to the market share of the insurance company in the last three years.
Claims procedure of policies in scope of the pool is done by the insurance companies that issue the policies.
Reconciliation between the Members and the Pool is based on the data from Insurance Information and Monitoring Center (SBM). The relevant monthly account document is prepared with the data obtained from SBM. Debtor members shall pay their debts to the Pool account within fifteen days after the account document is sent to them. The Bureau completes the relevant month's transaction with the payment made to the creditor members within the following fifteen days.
The review and evaluation of pool operations on a quarterly basis shall be carried out by the Monitoring Committee of three persons, which shall be composed of representatives of Insurance Association of Turkey, TMIB and the Under secretariat. The report prepared after this evaluation is sent to the Under secretariat and all transactions related to the Pool are subject to the Under secretariat audit. The Committee, which is administered by the Secretariat TMIB, may request from the TMIB to examine the damage files related to the pooled policies and their related processes where deemed necessary. The TMIB shall forward the report , including the results of these reviews to the Monitoring Committee. The Monitoring Committee submits the report to the Under secretariat.
Disputes concerning the business and operations between the insurance companies and the Pool shall be settled by the Bureau upon the approval of the Under secretariat.
[i] Regulation on Tariff Implementation Principles for Motor Vehicles Compulsory Third Party Liability Insurance, Anex 2