Insurance claims and traffic accident disputes
Has the insurer refused, underpaid or ignored your claim? Here is the path from the written claim to the Insurance Arbitration Commission and the courts in Türkiye.
Most insurance disputes start with a traffic accident or an insurer's refusal to pay for a loss. The repair cost may have been underestimated, a claim for diminished value rejected, or a casco (comprehensive motor insurance, kasko) claim declined on the basis of the policy terms. What decides these files is making the claim correctly, submitting complete documents and not missing the limitation periods.
After a traffic accident, the injured party can claim directly from the at-fault vehicle's compulsory traffic insurance (zorunlu trafik sigortası) within the policy limits. A written claim to the insurer is mandatory before going to court; if the insurer does not respond within fifteen days, or the response does not meet the claim, you may file a lawsuit or apply to the Insurance Arbitration Commission (Highway Traffic Law No. 2918, Article 97). Repair costs, diminished value, medical expenses, loss of earning capacity and, in fatal accidents, loss of financial support can be claimed.
Under casco, home, compulsory earthquake (DASK), health and life policies, the dispute is between the insured and their own insurer, and the insurance provisions of the Turkish Commercial Code No. 6102 (Articles 1401 et seq.) and the general policy conditions apply. The Insurance Arbitration Commission (Sigorta Tahkim Komisyonu) is an alternative to the courts for disputes with member insurers and under compulsory insurance; it decides on the documents, and arbitrators must rule within four months of appointment (Insurance Law No. 5684, Article 30).
We represent insured persons and injured parties in traffic accident, casco and other insurance claims: we prepare the claim to the insurer, review the loss adjuster's report and the allocation of fault, and choose with you between the Arbitration Commission and the courts. We also advise drivers and vehicle owners facing a recourse claim from an insurer. Where an accident caused injury or death, the criminal investigation and the compensation claim are followed together.
When you may need this
- The other driver's insurer paid less than your loss, or nothing at all.
- Your claim for your car's diminished value was rejected or the offer was too low.
- Your casco insurer declined payment citing the policy terms, or the loss adjuster's report does not reflect the real damage.
- You were injured and want compensation for medical costs, time off work or permanent disability.
- You lost a family member in a traffic accident and are looking into compensation for loss of support.
- You believe the fault allocation in the accident report is wrong.
- A home, DASK, health or life insurance claim was refused.
- An insurer is seeking to recover a paid claim from you as driver or vehicle owner (recourse).
How the process works
- 01
Collecting accident and loss documents
We review the accident report, the loss adjuster's report, the policy and medical documents. Fault allocation, policy cover and the heads of loss are established at this stage.
- 02
Written claim to the insurer
We submit the claim in writing with the supporting documents. Under traffic insurance the insurer is expected to respond within fifteen days; a rejection or partial payment letter becomes evidence for the next step.
- 03
Arbitration or court
The Insurance Arbitration Commission decides on the documents within a statutory time limit; in court, witnesses, site inspections and broader expert review are possible. We choose the route with you based on the amount, the evidence and how quickly you need a result. In some disputes, such as casco, mediation may be mandatory before going to court.
- 04
Expert review
Fault, repair cost, diminished value and bodily injury losses are calculated in an expert report. Objecting to the report and requesting a supplementary report is an important part of this stage.
- 05
Decision and collection
After the arbitral or court decision, compensation is collected from the insurer with interest. If payment is not made, the decision is enforced through enforcement proceedings.
Services in this area
- Property damage and diminished value claims after traffic accidents01
- Personal injury, disability and loss of support claims02
- Casco, home, DASK, health and life insurance claims03
- Claims to insurers and Insurance Arbitration Commission proceedings04
- Disputes over policy cover and general conditions05
- Challenges to loss adjuster reports and fault allocation06
- Representing drivers, owners and insurers in recourse actions07
- Claims to the Guarantee Account (Güvence Hesabı)08
Documents worth bringing
- Accident report (kaza tespit tutanağı) or police/gendarmerie report
- The insurance policy (traffic, casco or other)
- Driving licence and vehicle registration
- Loss adjuster's report, repair invoices and photos of the damage
- Correspondence with the insurer, including any rejection or payment letter
- For injury: hospital records, discharge summary and medical reports, plus proof of lost income
- For fatal accidents: death certificate, certificate of inheritance (veraset ilamı) and civil registry record
How fees and costs are determined
Legal fees are set by a written fee agreement (Attorneys Act No. 1136, Articles 163-164) and cannot be lower than the Minimum Attorney Fee Tariff (AAÜT) published each year by the Union of Turkish Bar Associations. In insurance claims the fee may be fixed, a percentage or a combination; a percentage fee may not exceed twenty-five percent of the value in dispute.
An application to the Insurance Arbitration Commission carries an application fee tiered by the amount claimed; current fees are published on the Commission's website. If the applicant's claim is wholly or partly rejected, the attorney fee awarded against them is one fifth of the tariff fee. In court, filing fees and an advance for expert and notification costs are paid; the losing party bears the court costs and the other side's attorney fee under the tariff. Where mediation is mandatory and no settlement is reached, the first two hours of the mediator's fee are paid by the state and later added to court costs.
Frequently asked questions
Who pays compensation after a traffic accident?
The at-fault vehicle's compulsory traffic insurance pays first, within the policy limits. The driver and the vehicle's operator are liable for any loss above the limit, and any voluntary liability cover applies. If the at-fault vehicle was uninsured or cannot be identified, a claim can be made to the Guarantee Account (Güvence Hesabı).
What can I do if the insurer will not pay or rejects my casco claim?
First ask for the reasons in writing and have the policy and general conditions reviewed. If the rejection is not supported by the policy, you can apply to the Insurance Arbitration Commission or go to court. To apply to the Commission you must show that you claimed from the insurer and were refused, or received no written response within fifteen working days.
How do I claim diminished value, and is mediation mandatory?
Diminished value is the difference between the car's market value before the accident and after repair, claimed from the at-fault vehicle's traffic insurer. A written claim is made first; if it is not resolved, you go to arbitration or court. In the Court of Cassation's current practice, lawsuits against compulsory traffic insurers are not treated as subject to mandatory mediation, but the prior written claim to the insurer must always be made.
What is the limitation period for traffic accident claims?
For property damage, two years from learning of the loss and the liable party, and in any case ten years from the accident (Law No. 2918, Article 109). If the accident is also a crime with a longer criminal limitation period, that period applies. Under policies such as casco, claims under the insurance contract expire two years after they fall due and in any case six years after the insured event (Commercial Code, Article 1420).
Should I go to the Insurance Arbitration Commission or to court?
Arbitration is generally faster and decided on the documents, with a four-month deadline for the arbitrators. Court allows witness evidence, site inspections and a fuller expert review. Where fault is disputed or there are bodily injuries, the choice should be weighed against the available evidence.
How long does a case against an insurer take?
It depends on the court's workload and the expert review; property damage cases are usually shorter than injury and fatal accident cases. The Arbitration Commission's decision time is limited by law. Objections or appeals extend the timeline.
Can I make an insurance claim without a lawyer?
Yes. Both the claim to the insurer and the application to the Insurance Arbitration Commission can be made without a lawyer. However, missing documents, a wrongly stated amount or a missed deadline can lead to rejection, so legal support is worthwhile in injury, death and high-value claims.
This page is for general information only and does not constitute legal advice. Every legal matter has its own circumstances; please request a meeting for your specific situation.
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