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Turkish or a foreigner, whether s/he has GHI or not, whether the party
liable for the damages has CTP or not, whether the accident occurred
before or after the application of the relevant legislation, or the quali-
fications of the hospital, do not influence the liability of the SSI.
The SSI also covers the health expenditures of foreigners. However,
in the event the foreigner continues his/her treatment abroad, the SSI
shall not be liable for these expenses. The expenses of Turkish citizens
incurred abroad are covered within the provisions of the relevant leg-
islation.
The liability of the SSI is limited with the legal coverage limits
determined under the Tariff. Within the framework of the established
opinion of the Court of Cassation, “
losses suffered within the legal lim-
its are covered by the SSI, whereas losses that exceed the legal cover-
age limit should be demanded from the Operator and the insurer
”.
The SSI is not liable for indirect losses, such as moral compensa-
tion, loss of revenue, loss of profit, and loss of rent that are also extend-
ed within the scope of General Terms. These losses shall be required
directly from the party liable for damages. We would like to emphasize
that since the extra costs required by private hospitals are not deemed
as health expenditures, the CTP and persons who caused the damage
are liable for these expenses.
Right of Recourse of SSI
The liability of the person who has CTP starts when the health
expenditures of the victims exceed the coverage limit of the CTP. The
SSI compensates only the exceeded amount of expenditures. Persons
who do not have CTP may not benefit from this right, and the SSI
reimburses all of the health expenditures.
In addition, the SSI compensates health expenditures from persons
who have harmed willfully, the persons who have the GHI or right
holders, pursuant to Articles 21/4 and 76/6 of Social Security and
General Health Insurance Law numbered 5510.
In the event that the fault of victim is detected from liability research,
SSI recourses the relevant health expenditures to them.
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NEWSLETTER 2015