Meltem Öztürk Reis
- Bar association
- Istanbul Bar Association
- Education
- Istanbul University Faculty of Law, 2013
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Insurance law covers disputes arising from insurance contracts and the compensation obligations of insurance companies. People who seek compensation for damage, loss of value or injury after a traffic accident, and policyholders who cannot obtain payment under comprehensive (kasko) or other insurance policies, look for legal support in this area.
1. Collecting documents. The accident report, photographs, expert report and repair invoices are put together.
2. Written application to the insurer. For claims under compulsory traffic insurance, a written application is made to the insurer before a lawsuit or arbitration, and the company’s 15-day response period is awaited (Highway Traffic Law, Art. 97).
3. Lawsuit or arbitration. If the claim is not met, a lawsuit can be filed in court or an application can be made to the Insurance Arbitration Commission (Law No. 5684, Art. 30). The competent forum and whether pre-litigation mediation is required can vary with the type of claim and the parties, so they are assessed separately in each case.
4. Appeals. Court decisions can be appealed and taken to cassation; the objection routes provided by law are available against arbitration decisions.
Before filing a lawsuit or applying to arbitration concerning compulsory liability insurance, you must have applied to the insurance company in writing. If the insurer does not respond within 15 days of the application or rejects the claim, you can go to court or to arbitration (Highway Traffic Law, Art. 97).
Pecuniary compensation claims arising from a traffic accident are time-barred two years from the date the injured party learns of the damage and the liable person, and in any case ten years from the date of the accident. If the act also constitutes a crime subject to a longer limitation period, that period applies (Highway Traffic Law, Art. 109).
It is an alternative to the courts that resolves disputes between insurance company members and policyholders (Insurance Law No. 5684, Art. 30). People who have applied to the insurer without result can apply to the Commission.
Claims arising from an insurance contract are time-barred two years from the date the receivable falls due, and in any case six years from the date the insured risk occurred (Turkish Commercial Code, Art. 1420).
This page is for general information only and does not constitute legal advice or opinion. Last reviewed: .
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