Support with insurance-indemnity claims, policy disputes, kasko and traffic insurance matters, and Insurance Arbitration Commission proceedings.
Insurance contracts are important legal relationships intended to provide economic security against the various risks that individuals and businesses may face. However, after an insured risk materializes, disputes may arise regarding the scope of the loss, whether insurance coverage exists, the terms of the policy, the amount of compensation, and the insurance company's payment obligation.
Insurance Law is the branch of law that regulates the formation and performance of insurance contracts, the rights and obligations of the insured and the insurer, claims for loss and compensation, disputes arising under the scope of the policy, and the legal remedies available against insurance companies.
Our firm provides legal consultancy and attorney services in the fields of reviewing insurance policies, filing loss and compensation claims with insurance companies, traffic (third-party liability) insurance, comprehensive (kasko) insurance, vehicle value loss, vehicle damage compensation, bodily injury, permanent incapacity for work, loss of support, life insurance, health insurance, home and workplace insurance, fire and other property insurance, legal proceedings in cases where insurance companies fail to pay or make incomplete payment, applications to the Insurance Arbitration Commission, and insurance litigation.
Insurance Law is the branch of law concerned with relationships arising from insurance contracts and disputes occurring within the scope of insurance. In an insurance relationship, the insurer generally undertakes to make payment under the contract and the relevant legislation if the risk specified in the policy materializes, while the insured or the policyholder fulfils the obligations arising from the policy and, if the risk materializes, may make a claim against the insurer within the scope of the policy. When a loss occurs, in order to determine the insurance company's liability, the policy, the general and special conditions, the nature of the loss, the manner in which the risk materialized, and the relevant legislation must be assessed together.
Reviewing insurance policies from a legal standpoint before signing, or after a loss has occurred within the scope of the insurance, is important for understanding the scope of the insurance coverage; in reviewing a policy, matters such as the scope of coverage, exclusions from coverage, deductibles/exemptions, the sum insured, the conditions for a claim, notification obligations, the obligations of the insured, and the liability of the insurer may be assessed. If the insured risk materializes, it is important that the claim submitted to the insurance company is made correctly and in a timely manner; in a loss claim, the policy, loss documents, photographs, expert (damage assessment) reports, invoices, medical records, accident reports and other relevant documents may be assessed. The legal remedies available where the insurance company rejects the claim or makes incomplete payment are also examined.
Insurance companies may, in some cases, refuse to make payment by claiming that the loss that occurred is not covered by the policy; in such cases, the terms of the policy, the general and special conditions, the manner in which the loss occurred, the obligations of the insured, and the insurance company's grounds for refusal must be examined in detail. It may also become a matter of dispute where the insurance company accepts the loss but makes payment below the amount claimed by the insured; in claims of incomplete payment, the insured's rights are assessed by examining the sum insured, the actual loss, the expert (damage assessment) report, the amount of the loss, the market value, and the special provisions of the policy. In determining the compensation that may be claimed under the insurance, the mere occurrence of the loss is not sufficient; in terms of the scope of the compensation, the policy, the sum insured, the nature of the loss, the actual loss, the scope of coverage, the exclusions, and the fault/obligations of the insured are assessed together.
Compulsory third-party liability (traffic) insurance plays an important role in covering the losses suffered by third parties as a result of traffic accidents; in traffic accidents, various heads of loss may arise, such as vehicle damage, value loss, treatment expenses, temporary or permanent incapacity for work, and loss of support. Where the conditions are met, the decrease in the market value of a repaired vehicle due to its accident history may be the subject of a value-loss claim; in the assessment, factors such as the make and model of the vehicle, its age, mileage, the nature of the damage, the parts replaced or repaired, prior damage, and market conditions may be taken into account. Expert (damage assessment) reports, service records, invoices and other evidence may be important in determining the material damage to a vehicle resulting from a traffic accident or another event covered by insurance, and in claiming that damage under the policy. Comprehensive (kasko) insurance is intended to cover, within the scope determined in the insurance policy, various losses that may occur to the insured's own vehicle; in kasko disputes, matters such as collision, impact, theft, fire, natural disaster, whether the loss falls within the scope of the policy, and whether the insurance company has made payment may be examined. Where a vehicle sustains severe damage, it may be necessary to make a different assessment from an economic or technical standpoint (total loss) rather than repairing the vehicle; in such disputes, the market value of the vehicle, the amount of the loss, the salvage value, the terms of the policy, and the expert report may be taken into account.
Traffic accidents may cause not only material damage to vehicles but also bodily injury to individuals; as a result of an accident, losses such as temporary or permanent incapacity for work, loss of earning capacity, treatment expenses, care/nursing expenses, and loss of support may arise; whether these losses may be claimed under the insurance is assessed within the framework of the specific case and the terms of the policy. Where a person suffers a permanent loss of earning capacity as a result of a traffic accident or another event covered by insurance, compensation for permanent incapacity for work may be claimed where the conditions are met; in the compensation assessment, various factors are taken into account, such as the disability rate, age, income, fault, the remaining period of active working life, and the nature of the loss. Where a person is unable to work for a certain period due to the accident, a claim for losses arising from temporary incapacity for work may also arise. Where a person loses their life as a result of a traffic accident or another event covered by insurance, and provided a relationship of support and the other statutory conditions exist, compensation may be claimed by the persons deprived of that support; in such claims, factors such as the age and income of the deceased, the relationship of support, the status of the beneficiaries, and the degree of fault are assessed. Where the insured loses their life, payment of the sum insured or the relevant compensation to the beneficiaries may arise depending on the nature of the policy; in life insurance, it is also important to examine the terms of the policy and the beneficiary designations.
In life insurance, the insurance company's payment obligation may arise upon the death of the insured or the occurrence of other risks specified in the policy; in disputes, the policy, the insured's declarations, the manner in which the risk materialized, the beneficiary, the scope of coverage, and the payment conditions may be examined. Within the scope of private health insurance and complementary health insurance, various disputes may arise between the insurance company and the insured regarding matters such as non-coverage of treatment, non-payment of hospital expenses, the scope of the policy, exclusions from coverage, waiting periods, and payment limits.
Insurance compensation may be claimed for fire, flooding, theft, and other risks covered by the policy occurring at a residence; whether the loss falls within the scope of the policy and the insurance company's payment obligation are assessed on the basis of the terms of the policy. Fire, theft, flooding, natural disasters, machinery damage, and other losses arising from commercial activity occurring at a workplace may be covered under the insurance policy. Whether losses arising from fire, earthquake, flood, storm and other natural disasters fall within the scope of the policy may be examined; particularly in the case of high-value losses, it is important to examine in detail the expert (damage assessment) reports and the insurance company's grounds for payment. Disputes may also arise regarding the determination of losses covered under Compulsory Earthquake Insurance (DASK) and the determination of the amount that must be paid under the policy; in these processes, the assessment of the loss, the scope of the policy, and the relevant legislation are assessed together.
Insurance contracts concluded against the various risks that businesses may encounter in the course of their activities can provide important economic security; in commercial insurance disputes, matters such as business losses, machinery and equipment damage, fire, cargo (transport), liability insurance, business interruption, and losses to commercial goods may arise. Whether damage, loss or other losses occurring during the transport of goods fall within the scope of the insurance is assessed according to the terms of the policy (cargo/transport insurance). With respect to professional liability insurance, which provides coverage, under certain conditions, for losses suffered by third parties as a result of professional activity, the insurer's liability is assessed according to the policy and the relevant legislation. Determining the employer's liability arising from an insurance contract with respect to losses that employees may suffer may also require examination of the scope of the policy and the particular features of the event (employer's liability insurance).
Where the insurance company rejects a claim for loss or compensation, whether the grounds for rejection are lawful may be examined. In this process, the policy is first reviewed, the manner in which the loss occurred is assessed, the insurance company's grounds for rejection are analyzed, the amount of the loss and damage is determined, the necessary applications are made, and the appropriate dispute-resolution avenue is determined. In this context, depending on whether the conditions are met, a renewed application to the insurance company, application to the Insurance Arbitration Commission, or recourse to the courts may come into question.
In resolving insurance disputes, where the relevant conditions exist, the Insurance Arbitration Commission is an important alternative dispute-resolution avenue; in the arbitration process, an application may be prepared by assessing the application made to the insurance company, the rejection or response, the policy, loss documents, expert (damage assessment) reports, the calculation of compensation and other evidence. Whether recourse to arbitration is available and under what conditions the application may be made must be assessed according to the particular features of the specific case. Where an insurance dispute cannot be resolved through arbitration or other application avenues, or where direct recourse to litigation is required, legal proceedings may be initiated against the insurance company; in insurance litigation, evidence such as the policy, the claim file, the expert report, correspondence with the insurance company, payment or rejection documents, photographs of the loss, invoices, and expert examinations may be important.
In insurance disputes, correctly monitoring the time limits for applications and litigation is of great importance. These time limits may vary according to the type of insurance, the nature of the dispute, the policy, the type of loss, and the applicable special regulations. For this reason, where the insurance company fails to make payment or rejects a claim, it is important to carry out a legal assessment without letting the time limits lapse.
The insurance company may raise exclusions from coverage set out in the policy, the obligations of the insured, or other legal grounds. However, whether the rejection decision is lawful must be assessed by examining the policy and the claim file.
Whether the amount paid is sufficient in relation to the policy and the actual loss may be examined. Where it is determined that the payment is incomplete, depending on the circumstances, an application to the insurance company, arbitration, or litigation may come into question.
Depending on the circumstances of the specific case, legal remedies may be pursued against the insurance company. However, before litigation or arbitration, it is important to assess the necessary applications and time limits.
Where the conditions are met, the decrease that may occur in the market value of a vehicle damaged in a traffic accident, due to its accident history, even though it has been repaired, may be the subject of a vehicle value-loss claim.
No. The risks covered under kasko insurance are determined according to the scope of the policy and the relevant insurance conditions.
Depending on the nature of the accident, the degree of fault, the loss that occurred, and the relevant insurance coverage, a claim for compensation for bodily injury may arise.
Where the statutory conditions are met, compensation claims such as loss of support may arise. The scope of the claim is determined according to the particular features of the specific case.
Where the insurance company is subject to the relevant system and the statutory conditions are met, an application may be made to the Insurance Arbitration Commission. It is important to assess the pre-application conditions and the required documents.
The policy, the claim file, correspondence with the insurance company, expert (damage assessment) reports, accident reports, photographs, invoices, and other documents evidencing the loss may be important depending on the nature of the dispute.
In insurance disputes, the policy must be regarded not merely as a document but as a legal contract that defines the limits of the insurance company's liability and the rights of the insured. Where the insurance company rejects a claim, makes incomplete payment, or fails to cover a loss falling within the scope of the policy, the legal course of action to be followed must be determined taking into account the content of the policy, the nature of the loss, the insurance company's grounds, and the particular features of the specific case. Our firm provides legal consultancy and attorney services in the fields of reviewing insurance policies, filing loss and compensation claims with insurance companies, traffic insurance, kasko insurance, vehicle value loss, vehicle damage, bodily injury, permanent and temporary incapacity for work, loss of support, life and health insurance, home and workplace insurance, fire and natural disaster insurance, commercial insurance, professional liability insurance, applications to the Insurance Arbitration Commission, and insurance litigation.