This article provides information regarding tourists who abandoned damaged rental cars and the legal avenues for subrogation. Every year, millions of tourists visit different countries around the world. And a significant portion of them utilize car rental services to explore the country. However, this mobility brings forth serious risks for the rental car insurance sector. One of the most complex and costly scenarios involves foreign tourists damaging their rented vehicles in an accident and subsequently abandoning the damaged car, leaving the country. This situation renders the insurance companies’ right of recourse (subrogation right) the legal entitlement to reclaim the paid damage compensation from the at-fault party—nearly impossible to exercise.
Heper Law and Consultancy Office, with its profound expertise in international insurance law, subrogation lawsuits, and private international law, offers WORLDWIDE proactive, litigation-tracking and consultancy services aimed at minimizing financial losses for insurance companies in such complex, cross-border cases.
The departure of a foreign driver after an accident creates a dual challenge for insurance companies. Tourists who abandon damaged vehicles pose significant problems for insurance companies.
Crucial evidence, such as detailed traffic reports and alcohol/drug tests, which are essential at the time of the accident, can be incomplete due to the foreign national’s immediate departure. Furthermore, the rental company’s provision of necessary documents to the insurer (e.g., rental agreement, driver’s license copy) may be flawed or incomplete due to the swift departure of the foreigner, weakening the insurer’s position when filing a subrogation lawsuit.
For a subrogation lawsuit to be filed, Turkish court decisions must be served to the at-fault tourist’s address abroad. This process, due to International Service Conventions and Apostille procedures, can take months or even become impossible if the address is incorrect or invalid. A separate legal examination is required to determine whether the court has jurisdiction over the foreign national (especially depending on where the insurance contract was concluded).
Even if the entire legal process is successfully completed and a Turkish court decision is obtained, this decision must be enforced (recognized and executed) in the foreign country. In situations where legal agreements between Turkey and the tourist’s country are inadequate, the decision may not be enforceable, preventing the insurance company from collecting the paid damage amount.
Heper Law Office provides an end-to-end, multi-faceted strategy for insurance companies in these complex international subrogation cases:
The most critical stage for preserving the right of subrogation is the first 24 hours after an accident. Tourists who abandon damaged vehicles often return to their home countries within these first 24 hours. Therefore, the details mentioned below significantly increase the effectiveness of achieving a favorable outcome.
Contract Revision: Strengthening rental companies’ contracts with clauses that are suitable for international subrogation lawsuits, clearly define the foreign driver’s obligations, and establish jurisdiction in Turkey.
Evidence Security: Rapidly communicating with the rental company after an accident to ensure that identity, address, rental agreement, and damage assessment reports are collected completely and legally validly before the foreign driver leaves the country.
Collateral Mechanisms: Enhancing the legal enforceability of deposits or credit card guarantees taken from foreign drivers to create a legal basis for covering damages without the need for a full subrogation lawsuit.
Heper Law Office possesses the necessary knowledge and infrastructure to initiate legal proceedings in the at-fault tourist’s home country.
Address Identification and Service Management: International databases and cooperation networks are utilized for identifying overseas addresses. Decisions rendered by Turkish Courts and enforcement offices are ensured to be served in accordance with the laws of the relevant country.
Jurisdictional Analysis: In some cases, initiating the subrogation lawsuit in the tourist’s home country can increase the chances of collection (enforcement). Our Law Firm determines the most appropriate jurisdiction based on a collection risk-cost analysis.
Enforcement (Execution) Consulting: We effectively manage the process, through our international business partners, for the enforcement (recognition and execution) of favorable judgments obtained from subrogation lawsuits in the relevant courts of foreign countries (e.g., Germany, England, Netherlands).
In cases where foreign tourists abandon damaged rental cars and have a valid insurance policy in their home country, our insurance company pursues a strategy of claiming the right of subrogation directly from the insurance company or guarantee fund in that country. This significantly shortens and solidifies the collection process for tourists who abandon damaged rental cars.
Heper Law and Consultancy Office offers unique competence, especially in international subrogation and collection processes. We not only file lawsuits but also possess an international business network and expertise to ensure the actual collection of receivables.
To minimize the millions of Turkish Liras in losses incurred by insurance companies due to foreign tourists abandoning damaged vehicles, and to effectively exercise the right of subrogation on an international platform, Heper Law and Consultancy Office is your strategic partner.
You can access our contact details by clicking on the contact section on our website. You can learn about the details of the consultancy services you wish to receive in your country. Our law office will contact you as soon as possible and take steps to resolve the issue you are experiencing. Depending on the details of the service to be provided and the appointment process, we will contact you. Collect Your Legal Losses with International Competence! For detailed information, you can contact our office via the contact page.
Uluslararası Kiralık Araç Sigorta Uyuşmazlıklarında Rücu Hakkının Korunması Bu yazımızda hasarlı kiralık aracı bırakıp kaçan turistler ve hukuki rücu yolu hakkında bilgilendirmede bulunulacaktır. Dünyada her...
