This study discusses the legal nature of the right to sue the insurer directly and to submit a written application to the insurer in terms of civil procedure law, with a particular focus on litigation, procedural obligations, and mediation. The doctrine’s perspectives on the matter have been supplemented with an analysis of recent judicial decisions pertaining to this practice, along with an assessment of the opinions bolstered by these decisions. The outcomes reached within the scope of the study are as follows. First, in accordance with Article 97 of the Highway Traffic Law, granting the injured third party the right to sue the insurer directly is not for the benefit of the third party; however, it is a legal right accepted to protect the injured person. Since a contract does not pertain to a third party’s benefit, the procedural provisions are not binding for the third party (the injured party). Second, Article 97 of the Highway Traffic Law mandates the attachment of the necessary documents stipulated in the General Conditions of Highway Motor Vehicles Compulsory Liability Insurance for the validity of the injured person’s written application to the insurer. Without the attachment of the required documents to the written application, the receivable remains undue and consequently, there is no occurrence of default. This, in return, eliminates any legal benefit of filing a lawsuit. In insurance law, due and default appear differently than in general provisions. Third, the analysis reveals that the written application procedure does not constitute an unquestionable litigation prerequisite, given the due date, the subject of the default, and the indispensability of submitting a valid application accompanied by the necessary documents. In the absence of such action, the application procedure with the insurance company will only become nothing but a simple and nonbinding formality. Fourth, a written application to the insurer prior to filing a lawsuit is a prerequisite for a special lawsuit, as stated in Article 97 of the Highway Traffic Law. The written application procedure serves as the means by which the concrete plan is executed, and its unique characteristic is that it is directly dependent on the legal interest condition from the general case conditions. Fifth, in the absence of a written application, a lawsuit filed renders the aforementioned deficiency unresolvable. In other words, the written application procedure constitutes a unique lawsuit condition that is not feasible to fulfill. Otherwise, making a written application to the insurer as per Article 97 of the Mandatory Highway Traffic Law would run counter to the intended objective of the procedure. Only exceptionally, this condition may be completed spontaneously, without the court granting any time, during the trial. In this case, the case should not be dismissed on a procedural basis; rather, a substantive decision should be made. Sixth, a written application among alternative dispute resolution methods also constitutes a negotiation. Consequently, in accordance with the 18th paragraph of Article 18/A of the Law on Mediation in Civil Disputes, the obligation to seek mediation concerning the lawsuit that is subsequently filed is waived upon the completion of the written application process (if any). Seventh, applying to mediation fulfills the requirement of making a written application to the insurer in Article 97 of the Highway Traffic Law, provided that the documents sought in the written application are attached to the application made to the mediator. Hence, it can be deduced that upon the conclusion of the mediation process, the injured party is not obligated to submit an application to the insurer to initiate a lawsuit. Moreover, the completion of the mediation process signifies that the written application requirement for litigation has been fulfilled. However, this completion is contingent upon the attachment of the required documents to the written application. It is unreasonable to expect the insurer to calculate the loss sustained under the expected risk. The General Conditions of Highways Motor Vehicles Compulsory Financial Liability Insurance documents and information required to perform such a calculation must be appended to the mediator’s application concerning the incident and the assessment of damages. Otherwise, the requirement of making a written application to the insurer, as stipulated in Article 97 of the Highway Traffic Law, becomes negligible. Nevertheless, in the event that the parties are unable to resolve their dispute through mediation, the requirement that the injured person makes a written application to the insurer brings an additional burden for them. It negatively affects their right to access the court. This is because if the necessary documents are fully and completely attached to the application made to the mediator, the insurer’s debt becomes due in the context of insurance law. The insurer now has the opportunity to understand the event and determine the loss.