TUSED (Association of Loss Adjusters of Turkey) shared useful information about the profession of “loss adjuster”. TUSED, which sets out a framework for the duty areas of the adjusting profession, underlines that their independence and impartiality are protected by the law, and that it is one of the rare professions defined by law in this sense. TUSED officials answer the citizens’ questions about insurance as follows:
*Do insurance adjusters work with insurance companies?
Loss adjusters do not work as affiliated with any person or institution. “Assurance Expertise Profession” is one of the rare professions defined by law. In the Article 2/M clause of the Insurance Law No. 5684; “Insurance Appraiser: An impartial and independent person who determines the amount, causes and characteristics of losses and damages arising as a result of the realization of the risks subject to insurance and who performs tasks such as agreed valuation, preliminary appraisal and damage surveillance as a customary profession”. As stated in the law, loss adjusters undertake the task of impartially and independently between the insured and the insurance company with a fair approach. Loss adjusters cannot even accept the duty of loss adjusters if they have significant reasons to doubt their impartiality with one of the parties, or if they have a relationship or a business partnership with one of the parties to the degrees defined in the law. This provision also applies to loss adjusters employed by legal entity loss adjusters. Reports issued in violation of this provision are invalid.
*Are the appraisal procedures carried out during the purchase and sale of second-hand vehicles done by the insurance adjusters?
Auto appraisal reports made by auto appraisal companies prior to the purchase and sale of second-hand vehicles and insurance adjusters have no connection with the insurance adjusters, and they are often confused with the profession of loss adjusting. Auto appraisal companies basically provide auto check-up/control services. The Regulation on the Trade of Second-Hand Motor Vehicles was published by the Ministry of Customs and Trade on 13 February 2018 and entered into force. Authorizations of these enterprises are under the responsibility of the Provincial Trade Directorates. Insurance adjusters; It provides services to determine the amount of damage incurred on vehicles and subject to insurance, as registered in the Union of Chambers and Commodity Exchanges of Turkey with the license granted by the Ministry of Treasury and Finance within the scope of Law No. 5684. As a result, the expertise professions in question are quite different from each other, although their names have the same expression, they should not be confused.
*Why are insurance adjusters needed?
Expertise can be done as a habitual profession and is one of the rare professions established by law. In the insurance business, which was a completely foreign-specific field of work, devoid of legal regulations and supervision in the Ottoman period, in order to make the names of insurance companies known and to expand their portfolios by spreading the idea of insurance; they kept their promises and acted fairly in their damage payments. However, as time passed, the fact that they were able to use the wide opportunities provided by the capitulations gave these companies the impression that they could easily make a lot of money in Turkey. This situation led to the entry of too many insurance companies into the market in a short time, unfair competition and expertise abuses. In this environment where abuses are increasing, the need to determine the damage accurately and fairly has emerged. Due to the needs, the profession of loss appraisal (insurance adjusting) emerged in practice and damage assessments began to be made by experts. In the “Law on Inspection and Inspection of Insurance and Insurance Companies” dated 1927, the obligation to obtain an identification from the Ministry of Commerce was imposed on loss adjusters, and those who do appraisal (appraisal) without obtaining an identification are initially fined from 50 lira to 250 lira, in case of repetition, a double fine. and a ban from profession was introduced (Article 19).
* At what point do loss adjusters come into play?
As a result of the realization of the risks subject to the insurance policy (traffic accident/collision/collision, fire, theft, vehicle crash, machine breakage, electrical damages, floods/floods, storm, earthquake, professional liability, etc.), the policyholder insured shall notify the insurance companies of damage they are found. Subsequently, the management of the file process such as determination of the amount of damage, determination of the cause of the damage, whether the cause of the damage is within the scope of the policy coverage, handling of salvage and recourse situations is provided by the Insurance adjuster. The adjuster requests the necessary documents, if any, and prepares the report with the content in the upper paragraph and sends it to the party who appoints him. On the other hand, unfortunately, consumers still do not have sufficient knowledge of their rights and obligations under the policy in our country. First of all, because the policy texts are long, they are not read by the insured. The provisions of the legislation called “General Conditions” to which the policies are subject are not known to the citizens. The loss adjuster ensures that the insured is informed about the rights and obligations arising from the legislation and the policy, on the basis of the event. Since the loss adjuster is impartial and independent, it acts as a protector against the interpretation of coverage to the detriment of insurance companies or the insured, especially in practice.
*How many expertise branches are there in our country? What areas do they work in?
There are 7 main branches under the TOBB Loss Adjusters Executive Committee. Responsibility is distributed according to the relevant branch area. Branches: Land vehicles, Air, sea and railway vehicles, Transportation of commodities and assets, Fire, natural disaster, accident and theft, Engineering, Credit and financial security abuse, legal protection and support, Health, illness and personal accident,
*How many insurance adjusters are active?
In accordance with the Insurance Law No. 5684, real persons and legal entities that are not registered in the Active Register held by the TOBB Loss Adjusters Executive Committee cannot engage in Loss Adjusters activity in Turkey, currently 1255 real persons and 590 legal persons have active registration in all branches. In addition to these figures, although there are 567 colleagues registered in the list, which is called the passive list, and who do not/cannot do loss adjusting although they have a professional qualification certificate, the majority of them do not/cannot practice their profession due to economic reasons.