Practice Areas
Insurance Law
Pursuing claims against insurers where compensation is refused or underpaid.
In short
Insurance law governs the rights and obligations arising from insurance contracts, with the core provisions set out in the sixth book of the Turkish Commercial Code. Where an insurer refuses or underpays a claim, the insured may apply to the Insurance Arbitration Commission or bring proceedings before the commercial court. Under compulsory motor liability insurance, injured parties may claim directly against the insurer.
The most common problem in insurance disputes is not outright refusal but payment well below what an actuarial calculation supports. In traffic accident files in particular, the gap between the sum paid and the sum calculated for permanent incapacity or loss of support can be substantial.
The Insurance Arbitration Commission can deliver a faster outcome than the courts, but it is not the right route for every file. The choice depends on the amount in dispute, whether the insurer is a member of the Commission, and the state of the evidence.
What we do in this area
- Pecuniary and non-pecuniary damages claims arising from traffic accidents
- Review of loss-of-support and permanent incapacity compensation calculations
- Disputes under compulsory motor liability and optional liability policies
- Motor own-damage, home, business and transport insurance claim refusals
- Personal accident, life and health insurance claims
- Applications to the Insurance Arbitration Commission and the objection stage
- Defence in recourse actions brought by insurers
- Disputes over the interpretation of policies and general conditions
- Applications to the Turkish Guarantee Account
How the process works
Reviewing the policy and claim file
Cover, general conditions and the insurer's stated reason for refusal are assessed from a legal standpoint.
Independent calculation
Compensation is calculated independently on current actuarial principles and compared with the sum paid.
Choosing the route
A written application is made to the insurer, followed by arbitration or litigation, whichever suits the file.
Follow-up and recovery
After a favourable decision, payment is monitored and, where necessary, recovered through enforcement.
01What is the limitation period for traffic accident compensation?
Claims arising from an insurance contract are as a rule subject to a two-year limitation period, and in any event may not exceed six years from the date of the insured event. Where the accident also constitutes a criminal offence, the longer criminal limitation period applies.
02What can I do if the insurer refuses to pay?
You must first apply to the insurer in writing. If the company does not respond within fifteen working days or rejects the claim, the dispute may be taken to the Insurance Arbitration Commission or brought before the commercial court.
03Who can claim compensation for loss of support?
Anyone who was in fact supported by the deceased may claim. This is not limited to statutory heirs — persons the deceased actually maintained also have a claim. It is independent of any inheritance right.
04Arbitration or court — which is better?
Arbitration is generally faster and decision periods are capped by statute. However, the insurer must be a member of the Commission, and awards below certain thresholds are final. For high-value and complex files, court proceedings may be more appropriate.
05My motor own-damage claim was refused — can I challenge it?
Yes. Whether the stated ground for refusal matches the policy's general conditions and scope of cover can be reviewed. Grounds such as alcohol, driving without a licence or late notification are not automatic bars in every case; the causal link must be assessed separately.
Legally reviewed: Attorney at Law, Founder Gökay Kahan
Let's assess your legal position together
Tell us about your file and we will set out clearly which legal routes are open to you and how the process will unfold.
0553 681 31 63Monday – Friday, 09:00 – 18:00