Insurance Law

Insurance law regulates the rights and obligations arising from insurance contracts and the disputes between insured persons, beneficiaries, and insurance companies. As Ertan Law & Consultancy, we provide legal support in Bursa and in other provinces of Turkey to insured persons, rights holders, and injured parties, from the review of the contract to the filing of a compensation claim and the resolution of the dispute.

Our Areas of Practice in Insurance Law

• Traffic accident compensation: Vehicle value depreciation, property damage, temporary incapacity to work, permanent incapacity to work (disability), loss of dependency, and medical expenses.
• Mandatory and voluntary insurance policies: Disputes arising from Compulsory Traffic Liability (traffic) insurance, comprehensive (kasko), life, personal accident, health, and home insurance policies.
• Workplace accidents and the relationship with insurance: The SGK and employer liability insurance dimension in workplace accidents.

How Does the Process Work?

The first step in compensation claims is a written application to the insurance company. Under Law No. 5684 on Insurance Law, the insurer must have been applied to before applying to the Insurance Arbitration Commission. If the company rejects the claim, pays less than what is owed, or fails to respond within the statutory period, the matter may be brought before the Commission or the competent court.

In the arbitration process, the complete submission of documents such as the application petition, the policy, the accident report, the damage and expert assessment reports, hospital records, and the disability report is important. The permanent incapacity rate is determined through health committee and forensic medicine reports. Compensation is calculated in accordance with the applicable technical principles and current calculation methods.

Vehicle Value Depreciation

The decrease in a vehicle's market value after an accident may be claimed from the at-fault party's compulsory traffic insurer. The accident date, vehicle age, mileage, damage zone, and repair records are decisive in determining the value depreciation.

Statute of Limitations

In claims arising from traffic accidents, the statute of limitations provisions of the Highway Traffic Law and the Turkish Code of Obligations apply. The period varies according to the nature of the event and whether criminal limitation periods apply.