Adana Insurance Law Frequently Asked Questions | Adana YBS Law Office

Direct Answer What is a no-claims discount?

The Adana insurance law frequently asked questions guide sheds light on the legal processes concerning vehicle diminished value, traffic accident compensation and applications to the Insurance Arbitration Commission (Sigorta Tahkim Komisyonu), which resolves disputes with insurance companies through arbitration. To prevent losses of rights, access up-to-date information by drawing on the experience of an Adana insurance lawyer.

Frequently Asked Questions About Adana Insurance Law

What is a no-claims discount?

 A no-claims discount is the discount rate applied to renewal premiums in insurance policies, particularly comprehensive motor insurance and traffic insurance, where the insured has made no claim at all during a certain period (generally one year). In order to reward drivers who do not cause damage, insurance companies offer discounts that increase progressively for each claim-free year. For example, rates such as a %30 discount on the policy in the second year if there is no claim in the first year, and a %40 discount in the third year if two consecutive years pass without a claim, may be applied (rates vary according to company policies). These discounts can generally rise up to upper limits such as %60-65. A no-claims discount represents the policyholder's clean record and provides an advantage by lowering premiums. However, when a claim file is opened (if the insurer makes a claim payment), the discount is lost or drops down one level. For example, if a driver who has received a no-claims discount for 3 years has an accident and receives a payment from the insurer, the no-claims level may be reset to zero or reduced the following year. In some insurance policies, minor damage or repairs below a certain limit may not affect the no-claims status (there may be additional covers such as "minor damage protection" so that the discount is not lost after a minor damage repair). In addition, the no-claims discount is generally granted to the vehicle owner and can be transferred between certain companies; that is, even if you change insurer, you can benefit from the discount with the new company if you present your certificate. In conclusion, drivers who do not have accidents and do not use their insurance benefit from this discount by paying lower premiums, and this is a practice that encourages safe driving.

What is the difference between compulsory motor third-party liability insurance and comprehensive motor insurance?

Compulsory motor third-party liability insurance (Karayolları Mali Sorumluluk Sigortası, highway motor vehicle financial liability insurance) is the insurance that every vehicle on the road is required by law to take out and that, in the event of an accident, covers the losses of the other party up to certain limits. Traffic insurance covers, within the policy limits and on behalf of the vehicle owner who is at fault in the accident, the damage to the other vehicle, the other party's medical expenses and the losses of third parties. In short, it provides financial protection not for your own vehicle but for losses that may be suffered by the other party. Comprehensive motor insurance, on the other hand, is insurance that the vehicle owner takes out voluntarily and that is aimed at covering damage to their own vehicle. Comprehensive motor insurance pays, within the scope of the covers written in the policy, for damage to your insured vehicle resulting from risks such as a traffic accident, theft, fire or natural disaster. For example, comprehensive motor insurance pays you the repair costs of your vehicle even if the accident was caused by your own fault, or its market value if it is a total loss (pert, complete damage). In summary, the difference is this: traffic insurance secures the other party's damage, while comprehensive motor insurance secures the damage to your vehicle. In addition, while traffic insurance is subject to limits and pays only the other party's losses, comprehensive motor insurance includes broader covers (extra services such as glass breakage, minor repairs and roadside assistance). Both are important in accidents; traffic insurance is a legal obligation (there is a penalty for not taking it out and the vehicle may be withdrawn from traffic), whereas comprehensive motor insurance is voluntary but is recommended, particularly for high-value vehicles.

How do I recover my material damage from the other party in a traffic accident?

 If you are not at fault or less at fault than the other party in a traffic accident and your vehicle has suffered material damage, this damage will be covered by the other party's compulsory motor third-party liability insurance. The steps you need to follow are these: immediately after the accident, take photographs without moving the vehicles and draw up an accident report (kaza tespit tutanağı) (an agreed report may be completed with the other party; if there is disagreement, call the police). Then obtain the policy details of the other party's traffic insurance. For the repair of your own vehicle, you may, if you wish, go to the insurance company's contracted service centre or have the repair carried out at an independent service centre. Notify the other party's insurance company of the damage and have a claim file opened. The insurer will send a loss adjuster to assess the damage and will pay you or the service centre the amount that falls within the policy limits. For example, if the other party is %100 at fault and there is damage of 50.000 TL to your vehicle, the other party's traffic insurance makes the payment if its policy limit covers this amount. If the limit is insufficient, you will need to claim the remainder personally from the person at fault. If the insurer does not make the payment, you may, for collection, apply to the Insurance Arbitration Commission or file an action (insurers generally pay within a reasonable time). Important: if the other party has no insurance or has fled, the Guarantee Account (Güvence Hesabı) steps in under certain conditions and pays bodily injury losses and some material losses. Ultimately, in an accident in which you are not at fault, you can recover the repair cost of your vehicle damage by claiming it from the other party's traffic insurance.

Can I obtain non-pecuniary compensation in a traffic accident?

In traffic accidents, non-pecuniary compensation is a type of compensation that persons who suffered physical injury in the accident or lost a relative may claim from the person who caused the accident through their fault, and that is paid in order to alleviate the grief and suffering they have experienced. The compulsory motor third-party liability insurance policy does not cover non-pecuniary compensation payments; that is, the insurance company covers only material losses and bodily injury medical expenses up to the policy limit and does not pay non-pecuniary losses. A victim who wishes to claim non-pecuniary compensation must file an action directly against the vehicle/driver at fault (and, where applicable, their employer, etc.). For example, a person who has been seriously disabled in an accident may claim non-pecuniary compensation from the driver at fault on account of the suffering endured and the decline in quality of life. Likewise, if a person has lost a relative in an accident, the other party (the driver at fault) may be held liable to pay them non-pecuniary compensation where the deceased was not at fault. The amount of non-pecuniary compensation is determined at the discretion of the judge; the judge assesses factors such as the severity of the accident, the parties' degree of fault and the victim's level of suffering. In Türkiye, amounts of non-pecuniary compensation are generally kept moderate; for example, tens of thousands of TL may be awarded for an injury, and higher sums in the event of death. The limitation period for bringing this action is generally 2 years (from the date of the accident); however, if there is also a criminal case, the criminal limitation period may apply. In conclusion, even though the insurer does not pay for the mental suffering you experience in a traffic accident, it is possible for you to claim non-pecuniary compensation from the person at fault through legal channels.

Can relatives obtain compensation in the event of death in a traffic accident (Compensation for Loss of Support)?

Yes. If a person loses their life in a traffic accident, the relatives and heirs left behind who have been deprived of support may claim various kinds of compensation. First, the persons whom the deceased supported (for example, the spouse, the children and the parents whom the deceased was obliged to look after) may claim compensation for loss of support (destekten yoksun kalma tazminatı) from the compulsory motor third-party liability insurance of the party at fault and from the person at fault. Compensation for loss of support aims to make good the economic loss suffered by the relatives, and is calculated by taking into account factors such as the deceased's age, income and the period during which the deceased was obliged to support them. The compulsory motor third-party liability insurance policy pays up to a certain limit in this respect (as of 2025, the insurance cover limit per person in the event of death is quite high and may be at the level of millions of TL). If the insurer does not make this payment, or for the portion exceeding the limit, the remaining compensation may be claimed by filing an action against the driver at fault. In addition, the deceased's funeral and burial expenses and any medical expenses may also be claimed as part of pecuniary compensation. Furthermore, the relatives of the deceased (in particular the mother, the father, the spouse, the children and persons who felt very close to the deceased) may also file an action for non-pecuniary compensation against the party at fault; the court may award appropriate non-pecuniary compensation for the grief and suffering caused by the death. In summary, when a death occurs in a traffic accident, the family/dependants of the deceased can obtain compensation from the insurance company within the policy limit, and, if necessary, can also pursue their rights by filing actions for pecuniary and non-pecuniary compensation against the party at fault. In this process, the calculation is generally made by court-appointed experts, and the court decides by also taking the fault ratios into account.

What is vehicle diminished value and how is it claimed?

Vehicle diminished value refers to the reduction in value suffered by a vehicle that has been repaired following a traffic accident, compared with its second-hand market value before the accident. Even if it is fully repaired after the accident, the vehicle will, because of its damage history, find a buyer at a lower price when it is sold in the future; this difference is the diminished value. If you are the party not at fault or less at fault in the accident, you may claim the diminished value of your vehicle from the party at fault. In practice, this claim is made to the compulsory motor third-party liability insurance company of the vehicle at fault. After the accident, you should apply to the other party's insurer and have a diminished value file opened. The insurance company makes a diminished value calculation based on your vehicle's pre-accident mileage, its age and the nature of the damage. It is obliged to pay you, within the policy limit, this amount calculated according to the criteria of the Insurance Information Centre (Sigorta Bilgi Merkezi). For example, you have a 3-year-old vehicle and its rear door was painted; because of the painted part, this vehicle will perhaps sell for 5-10 thousand TL less, and this is what you can claim. Some insurance companies may create difficulties in diminished value payments or may offer a low amount. In that case, you may apply to the Insurance Arbitration Commission and obtain a quick resolution, or you may file an action directly. The limitation period for a diminished value claim is 2 years (generally from the accident). Note: if you are at fault, or if there is mutual fault and you are more at fault, you cannot claim diminished value. In addition, there may be no diminished value for very minor damage (for example, a scratched bumper) or for very old/high-mileage vehicles. In conclusion, if the market value of your vehicle has fallen because it was repaired after an accident in which you were in the right, it is your right to have this loss calculated and to recover it from the other party's insurer.

What should I do if the insurance company does not pay for the damage?

In the event of a loss (traffic accident, comprehensive motor insurance claim, etc.), the insurance company is obliged to pay, within a certain period, the losses that fall within the policy conditions and the scope of cover. If the insurance company refuses or delays payment without a justified reason, you can resort to several routes: | First, objection and communication: find out the insurance company's reasons. Sometimes payment may not have been made for reasons such as missing documents or an incorrect calculation. Complete the necessary documents and claim again. | Insurance Arbitration Commission: if the problem cannot be resolved with the insurance company, you may apply to the Insurance Arbitration Commission. This commission is a structure established to resolve insurance disputes out of court. For an application to be made, the company must be a member (most major insurers in Türkiye are members). An application is made to the Commission by petition, and experienced arbitrators generally examine the matter and decide within 4 months. If the decision is below a certain amount (approximately 40 thousand TL for 2025), it is final and binding; above that amount, it may be the subject of an appeal to the Court of Cassation. Thanks to the arbitral decision, you may receive the payment quickly. | Resorting to the courts: if you do not want arbitration or the company is not a member of the arbitration system, you may file an action directly. An action for a receivable or compensation arising from the policy against the insurance company may be filed in the court of the place where the insurer's head office is located or at your place of residence. If there is a payment obligation under the policy conditions, the court orders payment together with interest. | Complaint: you may also complain about the situation to the Directorate General of Insurance of the Ministry of Treasury and Finance or to the Insurance Association of Türkiye (Türkiye Sigorta Birliği). The official authority may exercise supervision over the insurance company. For example, if your comprehensive motor insurance does not pay for damage within the scope of cover, saying it is "outside the policy", first examine the policy carefully. If you find it unjustified, pursue your right through arbitration or litigation. Remember, insurance companies may sometimes put forward arbitrary reasons in order not to make payment; in that case, you may obtain the compensation to which you are entitled by exercising your legal rights.

What is the Insurance Arbitration Commission and how do you apply to it?

The Insurance Arbitration Commission is a mediation and arbitration mechanism established to resolve disputes between insurance companies and insured persons or right holders without going to court. You may apply to this commission in disputes you have with insurance companies that are members of the Insurance Association of Türkiye (most insurance companies are members; you can check which ones on the Insurance Arbitration website). As a condition of application, you must first have submitted your claim to the relevant insurance company in writing and waited at least 15 days; if you do not receive a satisfactory response, or you receive a rejection, within this period, you may go to arbitration. To apply, it is sufficient to complete the form on the commission's website and submit it to the commission together with the necessary documents. There is a modest application fee (around 150-300 TL depending on the amount in dispute, refunded if you win). The Commission assigns your file to independent insurance arbitrators. The arbitrators examine the file on the documents and may request additional information if necessary. A decision is generally given within 6 months. In disputes below a certain amount, the decision is final and binding; the insurance company is obliged to comply with it and cannot object. For higher amounts, the company or you may object within 10 days; if there is an objection, the higher arbitral panel examines it. Arbitral decisions have the force of an enforceable judgment (ilam, a judgment that can be executed through enforcement proceedings); that is, they are subject to enforcement like a court judgment. Insurance arbitration provides a quick and effective solution, particularly in matters such as traffic accident losses, comprehensive motor insurance payments and health insurance reimbursements. Although a lawyer is not mandatory for your application, obtaining professional legal support is recommended so that you do not suffer possible losses of rights. In conclusion, when you have a dispute with an insurance company, you may obtain your right in a shorter time by applying to the Insurance Arbitration Commission as an alternative to lengthy court proceedings.

What losses does comprehensive motor insurance cover?

Comprehensive motor insurance is voluntary vehicle insurance that covers the losses your vehicle may suffer within the scope of the covers specified in the policy. A standard comprehensive motor insurance policy generally covers the following main risks: | Collision and impact: if your vehicle is damaged in a traffic accident (striking another vehicle or object, overturning, falling, rolling over, etc.), comprehensive motor insurance pays your repair costs. | Theft: losses arising from the theft of your vehicle or from an attempted theft (for example, a broken window) fall within the scope of comprehensive motor insurance. If the vehicle is not found, the insurance company pays you its current market value. | Fire: losses resulting from a fire in the vehicle (including explosion) are covered. | Natural disasters: damage caused to the vehicle by disasters such as flood, earthquake, storm and hail is covered (these covers are generally specified in the policy as additional covers, but are mostly included). | Civil commotion, terrorism: if your vehicle is damaged during terrorist incidents or demonstrations, it is covered if the policy includes this cover (generally offered as additional cover). | Additional comprehensive motor insurance covers: these vary according to the policy; for example, there may be add-ons such as minor repair (repair of small scratches and dents, without loss of the no-claims discount), replacement vehicle (a temporary vehicle allocated to you during the repair period), personal seat accident cover (medical expenses of the driver and passengers in the event of an accident), key loss, earthquake cover, etc. Comprehensive motor insurance is for losses to the insured's own vehicle. However, there are certain exclusions in which it does not pay in every case: for example, if the driver deliberately damages the vehicle, or has an accident while driving under the influence of alcohol or without a driving licence, the standard policy does not pay (in the case of alcohol, although the Court of Cassation has given decisions that payment is required under certain conditions, the general conditions contain an exclusion). Likewise, situations such as taking part in races and war are excluded. Some situations may also be subject to an excess (for example, an excess may be included in the policy so that the insurer does not pay for damage below a certain amount). In summary, comprehensive motor insurance protects the vehicle across a wide range of risks, from unexpected accidents to theft. The general and special conditions written in your policy determine exactly which losses will be covered; insured persons should examine the policy covers carefully.

What is Compulsory Earthquake Insurance (DASK) and what does it cover?

DASK is the earthquake insurance, compulsory for residential buildings in Türkiye, administered by the Natural Disaster Insurance Institution (Doğal Afet Sigortaları Kurumu). This insurance covers, within certain limits, the material damage that disasters such as earthquakes and earthquake-induced fire, explosion, tsunami and landslide cause to the insured building. DASK covers only the main structural elements of buildings: for example, if parts of the home such as the walls, columns, ceiling, floor and stairs are damaged in an earthquake, the cost of repair or reconstruction is paid within the scope of the policy. There is a maximum cover amount set each year (for 2025, an upper limit of approximately 640.000 TL per dwelling has been set). If the damage is below this limit, the actual repair cost is paid; if it is above, payment is made up to the limit at most. DASK does not cover the contents of the home; only the building itself is covered. For example, if cracks form in the building or walls collapse in an earthquake, DASK pays for this structural damage; however, if your television falls and breaks, it does not pay for this (separate home contents insurance is required for that). Another matter outside the scope of DASK is certain items such as debris removal costs (although, depending on the policy conditions, debris removal may also be included at a certain rate). The DASK policy premium is determined according to the floor area of the home in square metres and the earthquake risk of the region in which it is located; it must be renewed every year. Because DASK is compulsory, it is requested in electricity and water subscription procedures and in title deed transfers. In the event of damage after an earthquake, what the homeowner must do is apply to DASK or to an authorised insurance company and give notice of the damage. The damage is determined through a loss adjuster's inspection and appropriate compensation is paid. In conclusion, DASK is a basic insurance system that protects homeowners by covering at least part of the major material losses that dwellings will suffer in an earthquake; however, its cover is limited to the building and goes up to a certain upper limit.

What is the penalty if I do not take out compulsory motor third-party liability insurance?

Driving on the road with a vehicle that has no compulsory motor third-party liability insurance is prohibited by law and is subject to various sanctions. If your vehicle is caught in a traffic inspection while its traffic insurance has expired or was never taken out, an administrative fine is first imposed (for the year 2025, this fine is at the level of approximately a few thousand TL and is updated every year). Moreover, not only is a fine imposed, but your vehicle is also withdrawn from traffic: the police impound the uninsured vehicle where it is found and have it towed to a custodian car park (yediemin otoparkı). Your vehicle remains in the car park until you take out a valid insurance policy and present the document. After taking out the insurance, you can retrieve your vehicle by also paying the car park fee and the towing cost. There is no direct sanction such as penalty points when uninsured use is detected, but the withdrawal from traffic and the fine are quite deterrent. More importantly, if an uninsured vehicle is involved in an accident, you will have to pay the losses caused to the other party out of your own pocket. For example, you have no insurance and you caused an accident in which you were at fault; you may face very large sums such as the other party's vehicle damage, medical expenses for injuries or compensation in the event of death. For this reason, considering both the legal obligation and the financial risks, it is essential to renew traffic insurance as soon as it expires. If there is a delay in taking out your insurance policy, an additional premium of %5 is applied for each month that has passed (late payment surcharge). In conclusion, driving on the road without traffic insurance results in a heavy fine and impoundment of the vehicle; since it will also give rise to major financial liabilities in any accident, this risk should under no circumstances be taken.

How is my damage covered if the vehicle that caused the accident has no insurance?

 If the other party is entirely at fault in a traffic accident but has no compulsory motor third-party liability insurance (or the policy cover is insufficient), obtaining compensation for the losses you have suffered may become somewhat more burdensome, but there are still some routes: | Direct action against the other party: you may file an action for pecuniary and non-pecuniary compensation against the uninsured owner (and driver) of the vehicle at fault. The court calculates losses such as your vehicle's repair costs, its diminished value and the earnings you lost because of the accident, and orders that they be collected from the party at fault. You then proceed to collection by having attachment placed on this person's assets (salary, vehicle, house, etc.). Where there is no insurance, liability lies directly with the person at fault. | Guarantee Account: if bodily injury (injury or death) has occurred in the accident and the other party has no insurance or cannot be identified, the Guarantee Account steps in. In deaths and injuries caused by an uninsured vehicle, the Guarantee Account makes bodily injury payments, such as hospital expenses and compensation for loss of support, within the framework of the compulsory insurance limits. It then exercises recourse against the responsible person for the amount it has paid (it seeks to collect it from that person). However, the Guarantee Account does not pay material damage (such as vehicle repair costs); it is only for bodily injury. | If you have comprehensive motor insurance: if you have your own comprehensive motor insurance, you can recover your damage from your comprehensive motor insurer. Because comprehensive motor insurance insures your vehicle, it makes no difference that the other party has no insurance; it pays the repair cost within the scope of your policy. Afterwards, the comprehensive motor insurer has the right to exercise recourse against the owner of the vehicle at fault and to claim from that owner the payment it made. In summary, if the other party is uninsured, first gather the report and the evidence carefully. For your vehicle damage, you will turn to the person at fault through legal channels; if there is bodily injury, apply to the Guarantee Account. Since driving an uninsured vehicle is a violation of the law, the courts also generally take a sensitive approach towards the party at fault in this respect. Nevertheless, the collection stage may be problematic depending on the person's ability to pay. For this reason, if possible, a settlement with the other party may first be sought (instalment arrangements for the debt, etc.); if that fails, legal proceedings should be initiated.

Will the insurer pay for my damage if I have an accident while under the influence of alcohol?

Being under the influence of alcohol while driving is, from the insurance companies' point of view, an important situation excluded from risk. Compulsory motor third-party liability insurance generally pays the losses you cause to the other party through your fault; however, if you were under the influence of alcohol and this was a factor in the accident, the insurance company may exercise its right of recourse. That is, traffic insurance pays the other party for the damage but then claims the amount paid from you. Comprehensive motor insurance, on the other hand, excludes drink-driving from cover under the general policy conditions: if the blood alcohol level of the driver who caused the accident is above the legal limit (above 0.50 per mille for private vehicles), the comprehensive motor insurer has the right not to pay for the damage. For example, if a driver with 1.00 per mille of alcohol has an accident, the comprehensive motor insurance policy does not cover the damage. However, in some cases, even if the driver was under the influence of alcohol, the driver may not be considered at fault (for example, if you are the party struck from behind). The case law of the Court of Cassation may provide that, rather than the insurer not paying in every case involving alcohol, it should be examined whether alcohol played a part in how the accident occurred. That is, if you were under the influence of alcohol but entirely without fault, the insurer may be obliged to pay; however, this is a contested issue and is assessed according to the specific facts. In practice, traffic insurance pays the other party's loss but then seeks to collect it from you through recourse (especially where the alcohol level is high). Comprehensive motor insurance, for its part, generally rejects your claim file. Even if minor damage or special conditions are excluded in some comprehensive motor insurance policies, the general rule is this. In conclusion, drink-driving is both subject to legal penalties and puts insurance protection at risk. In such a situation, you will both face criminal sanctions (a fine, loss of your driving licence) and the risk of paying the resulting material losses out of your own pocket. For this reason, the most appropriate course is never to drive under the influence of alcohol under any circumstances; otherwise, it may be difficult to expect payment from the insurer.

Does the life insurance taken out when obtaining a loan pay off the debt on death?

Credit life insurance, which banks generally arrange when extending loans, is a type of insurance that covers the remaining loan debt in the event of the borrower's death or of serious disability specified in the policy. If you took out such life insurance when obtaining a loan and you unfortunately die before the loan repayment period ends, the insurance company pays your remaining debt to the bank in accordance with the policy conditions. In this way, the heirs left behind do not have to deal with the loan debt; in the case of a secured loan, such as one for a house or a car, the mortgage is released, and in the case of an unsecured loan, the burden of the debt does not pass to the heirs. However, for this to happen, the policy must be valid and the cause of death must fall within the scope of cover. For example, natural death, illness or death resulting from an accident are generally covered, and the insurer pays the debt. However, if death occurs from a cause excluded in the policy, such as suicide, high-risk sports or war, the insurer may refuse payment. When making payment, particularly where the death was due to illness, the insurance company examines the declaration you made when obtaining the loan; if you concealed a serious illness in your application (for example, if you obtained the loan without declaring it while being an active cancer patient) and died of that illness, the insurer may avoid making payment and may cancel the contract. But if there is a policy made on the basis of an honest declaration, no problem arises. The insurance company calculates the remaining principal of the debt (and any interest) and pays it directly to the bank; if there is any surplus, it may go to the heir. In this process, the heirs need to apply to the insurance company with the death certificate and the policy. Ultimately, a properly arranged credit life policy closes the loan on the death of the borrower and ensures that the property purchased, such as a house or a car, passes to the heirs free of the debt. Even if the heirs are unaware of such insurance, they can take action upon being informed by the bank. For this reason, taking out life insurance when obtaining a loan, although it may seem an additional expense, offers very important security in the event of death.

How much does the insurer pay if a vehicle is declared a total loss?

If, as a result of an accident or damage, the repair cost of your vehicle is close to or exceeds the vehicle's market value, the insurance company may accept the vehicle as a total loss (pert, complete damage). In both traffic insurance (for the other party's vehicle) and comprehensive motor insurance (for your vehicle), total loss processing means the following: the vehicle will not be repaired; instead, its current market value will be paid. When determining the current value, insurance companies take into account the vehicle's second-hand market at the time of the accident, its model, age and mileage and its existing damage condition. Sources such as the Comprehensive Motor Insurance Value List (Kasko Değer Listesi) of the Insurance Association of Türkiye are generally taken as reference. If, for example, the company has determined the market value of your vehicle as 200.000 TL and a total loss decision has been made, it pays this amount according to your policy conditions. If the salvage (scrap) value of the total loss is to remain with you, its value may be deducted from this payment. For example, the company says: "The saleable value of the vehicle in its scrap condition is 20.000 TL; you take it, and I will pay you 180.000 TL." In some cases, the insurance company takes the salvage itself and pays you the full current value; it recovers its cost by selling the salvage at auction. In comprehensive motor insurance policies, the current value is generally paid in full if there is no excess; however, situations such as accessories at the time of the damage (if they are not covered in the policy) or any underinsurance may affect the payment amount. In traffic insurance, if the other party's vehicle has been declared a total loss, the current value is paid within the limits. After total loss processing, the procedures for withdrawing the vehicle from traffic (scrapping it) must be carried out; the insurer provides guidance in this process. It should not be forgotten that if there is a disagreement about the current value, it is possible to apply to the Insurance Arbitration Commission or to object to the loss adjuster's reports. In conclusion, when a vehicle is a total loss, the insurer pays you the vehicle's market worth at that time; it treats the matter as if it had bought the vehicle from you. You can then buy a new vehicle with this money as you wish. This payment is made provided that it does not exceed the upper limits specified in the policy.

Can the insurance company claim from me the loss it has paid?

Yes, in some cases insurance companies may subsequently exercise recourse (claim back) against the relevant persons for the payments they have made. This generally arises where the insured or the person who caused the loss is in an irregular situation or is at fault. For example, under compulsory motor third-party liability insurance, after the company has paid a third party for the material loss caused by the driver at fault, it has the right of recourse against the driver in certain cases. These cases are listed in the general conditions of the policy: if the driver was under the influence of alcohol or drugs, was driving without a licence, caused the accident intentionally or fled after the accident without making the required notifications, the insured becomes liable to the company. In such a case, the insurer claims the compensation it paid to the other party from the driver/vehicle owner. Likewise, if comprehensive motor insurance had to make a payment to a third party because of you (for example, it paid an amount to the other party through an assistance service) and it is understood that this was due to your gross fault, recourse may arise. Similar provisions exist in other branches such as employer's liability or personal accident insurance: after paying for losses arising from the insured's negligence or intentional conduct, the company may subsequently claim this amount from the insured. For instance, if you have home insurance and you deliberately started a fire in your home, the company will not pay even if the house burns down, or, if you obtained the policy with false information, it will claim the money back after payment. In legal terms, recourse means that the insurer's right, to the extent of the compensation it has paid, passes to the responsible person. In conclusion, if you are in a situation that falls outside the scope of your insurance policy or is contrary to the contract, the insurance company first pays the loss but may then file a recourse action against you. For this reason, it is important to make accurate declarations and to comply with the rules when taking out an insurance policy. In short, insurance assumes responsibility for your mistake to a certain extent, but if there is an excessive, unlawful or out-of-policy situation, the "final bill" may still come to you.

What is a TRAMER record and what is it used for?

A TRAMER record is a query and record system showing the accidents a vehicle has had in the past under traffic insurance and comprehensive motor insurance policies and the amounts relating to those accidents. This data, kept by TRAMER (the Traffic Insurance Information Centre, Trafik Sigortaları Bilgi Merkezi, now called the Insurance Information and Monitoring Centre, Sigorta Bilgi ve Gözetim Merkezi), can be obtained by querying a vehicle's registration plate or chassis number. The TRAMER record is very useful in buying and selling second-hand vehicles: through this record, you can find out how many claim files the vehicle you want to buy has had before and how much has been paid in claims. For example, the query returns information such as "a claim payment of 12.000 TL in 2019, a claim payment of 5.000 TL in 2021". In this way, it becomes clear whether the vehicle has been involved in an accident in the past and whether it has a total loss record (heavy damage record). If there is a heavy damage (total loss) record, it is generally indicated in TRAMER as "Heavy Damage Recorded" (Ağır Hasar Kayıtlı), which shows that the repair cost was high. The TRAMER record can also be obtained by sending the plate number by SMS (some operators offer a text message service, for example sending an SMS reading "HASAR PLAKA" (damage, plate number) to 5664). This record is also critical in verifying the seller's statements; if the seller says the vehicle is accident-free but there are claims in TRAMER, the buyer will notice this. However, TRAMER contains only accidents reported to the insurance company; minor accidents that were not referred to the insurer and were dealt with through private repairs may not be recorded. Nevertheless, damage history affects the value of a vehicle as much as low mileage does, and TRAMER provides transparency in this regard. In summary, the TRAMER record is the official data kept on a vehicle's insurance claim history, and checking it without fail before buying a second-hand vehicle protects the buyer from possible risks.

What does private health insurance not cover?

Private health insurance covers, in accordance with the policy conditions, health expenses relating to illnesses or accidents that the insured suffers during the policy period. However, it does not cover everything; insurance companies set certain exclusions in the general and special conditions. In general, some situations that health insurance leaves outside the scope of cover are as follows: | Pre-existing conditions: conditions that existed before the policy was taken out (pre-existing conditions) are generally kept outside the scope of cover or are brought within cover after a certain waiting period. For example, previously diagnosed conditions such as diabetes or heart disease are excluded from cover unless otherwise agreed. | Chronic conditions: for some chronic illnesses (cancer, kidney failure, etc.), even if they are not present at the start of the insurance, an exclusion may be placed in the policy by special condition, or they may be included in cover after a certain period (for example, 1-2 years). | Aesthetic and cosmetic procedures: operations for aesthetic purposes, cosmetic treatments (botox, liposuction, etc.) or health expenditure that the insured wants at their own discretion are not paid. For example, procedures such as rhinoplasty and teeth whitening are outside the scope of cover. | Pregnancy and childbirth: in some policies, childbirth cover may be provided for an additional premium, but it is not included as standard. That is, pregnancy check-ups and normal birth/caesarean costs are generally not covered unless you have taken additional cover. Even if you have, most policies do not pay pregnancy costs arising within the first 1 year (there is a waiting period). | Dental treatment: unless it is an emergency, procedures such as dental fillings, prostheses and orthodontics are generally excluded from cover (this varies by insurance company; some plans may have limited dental cover). | Psychiatric treatment: in many policies, psychological counselling, therapy and psychiatric treatment are outside the scope of cover or are limited. | Check-ups for screening purposes: routine screening tests and general check-ups are not paid unless the policy states otherwise (some companies offer an annual check-up as a gift, but it is not standard cover). | Experimental treatments: treatments that have not yet entered the general medical literature, experimental treatments or treatments at the research stage, and alternative medicine practices (for example, cupping and acupuncture) are not paid. | Suicide attempts, injuries resulting from crime: situations such as a person deliberately harming themselves or being injured while committing a crime are also exclusions. The policy contains a detailed list of exclusions, which may also include many specific situations such as AIDS/HIV, sexually transmitted diseases, war and nuclear risks. In conclusion, even though the scope of private health insurance is broad, it does not pay for everything; pre-existing conditions and aesthetic/cosmetic procedures are generally the main subjects of exclusion, but the parties may also agree otherwise. The insured should find out which situations are excluded from cover by examining the policy carefully, and should specifically notify the insurance company of the matters they want brought within the scope of cover. 

Adana Insurance Law Frequently Asked Questions | YBS Hukuk Adana Law Office

Insurance law is our most important safeguard against the unexpected risks of life. However, after a traffic accident, an occupational accident or a natural disaster, the process of benefiting from this safeguard can turn into a tangle of uncertainty because of complex policies, technical terms and the procedures of insurance companies. Questions such as "What is diminished value?", "What does comprehensive motor insurance cover?" and "What should I do if the insurance company does not pay?" occupy the minds of right holders in this difficult process. As YBS Hukuk Bürosu, we have prepared for you, as a guide, the Adana Insurance Law Frequently Asked Questions section, in which we have brought together the topics people most often ask about in this critical process.

This page has been designed so that you can find clear and understandable answers to the most frequently encountered questions, from the basic dynamics of insurance disputes to the details of compensation claims. Our aim is to make legal terms and processes more understandable, to ease your concerns to some extent and to lay the groundwork for you to take informed steps when you need professional legal support. Our Adana Insurance Law Frequently Asked Questions page has been carefully put together so that you can find answers to the questions on your mind, from the most basic to the most specific.

YBS Hukuk Commentary

One of the mistakes most frequently encountered in insurance disputes, and one that most often leads to losses of rights, is omitting, or not properly fulfilling, the "application to the insurance company" requirement that must be met before applying to the Insurance Arbitration Commission. Under Article 30 of Insurance Law No. 5684 (Sigortacılık Kanunu), an insured person must first submit their claim to the relevant insurance company in writing and wait 15 working days for the company to respond. This is in the nature of a "procedural precondition" (dava şartı). Many insured persons skip this step, or regard a telephone conversation as sufficient, and apply directly to the Commission. This causes the application to be dismissed on procedural grounds without even examining the merits, and valuable time to be lost. Remember, in insurance law, as in every area of law, procedure comes before the merits, and a first step that is not taken correctly can lead to the loss of even the most justified case.

A Warning from YBS: Do Not Fill In the Accident Report for Accidents Involving Only Material Damage Incompletely or Incorrectly

In traffic accidents involving only material damage, the accident report completed by the parties between themselves is the most important document on which insurance companies rely when determining the ratio of fault. The most common and most dangerous mistake made when completing this report is, under the shock of the accident or at the prompting of the other party, to draw a sketch that does not accurately reflect the event or to use statements that amount to accepting fault. For example, a statement such as "I hit it through carelessness" may be accepted as an admission that you are %100 at fault. Every mark and every sentence in the report has a legal consequence. In the event of disagreement, or when you are not sure how to complete the report, rather than insisting on signing a report, immediately calling 112 and requesting that the traffic police attend is the most appropriate and safest way to prevent serious losses of rights in the future.

It is entirely natural to have questions about legal processes, and seeking well-founded answers to these questions is the first and most important step towards protecting your rights. The Adana Insurance Law Frequently Asked Questions and Insurance Law Articles pages that we have prepared as YBS Hukuk Bürosu aim to help you take this step and to offer you a starting point.

We would like to remind you once again that the information here is for general information purposes, that every legal situation is unique, and that it cannot replace professional advice from a lawyer. For more detailed information and legal strategies specific to you, please do not hesitate to contact the YBS Hukuk office. We hope that our Adana Insurance Law Frequently Asked Questions page will be useful in clearing up the basic questions on your mind.

Useful Information: The "Extended Criminal Limitation Period" (uzamış ceza zamanaşımı) in Accidents Involving Injury

In traffic accidents involving material damage, the limitation period for claiming compensation is 2 years from the date on which you learned of the loss and of the person responsible. However, if the accident also constitutes a criminal offence (for example, negligent injury), the "extended criminal limitation period" provided for that offence in the Turkish Penal Code, which is much longer (generally 8 years), applies. Many people, not knowing about this right, think that they have lost their right to compensation by missing the 2-year period.

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Legal Notice: This page is for general information purposes. You are advised to consult a lawyer about your specific case.