Flood Damage Compensation Lawyer

If the damage results from a deficiency in the stormwater drains, gullies, stream rehabilitation or maintenance of the infrastructure, compensation may be claimed from the responsible administration. Collecting and removing rainwater is among the duties of the water and sewerage administration, while stream rehabilitation is among the duties of the metropolitan municipality; depending on the incident, the district municipality, the General Directorate of Highways or the State Hydraulic Works (DSİ) may also be responsible. The outcome of the claim depends on correctly identifying the responsible administration and establishing the service fault.

The owner of a vehicle without comprehensive (kasko) insurance may claim compensation from the responsible administration on the ground that the damage was caused by inadequate infrastructure. The route depends on where the vehicle was damaged: for vehicles damaged on a highway, the ordinary courts have jurisdiction; for those damaged in areas outside the highway, such as a residential complex car park, the administrative court comes into play. On the administrative route, a written application to the administration must first be made. Your vehicle’s own compulsory traffic insurance does not cover flood damage to your own vehicle.

Flood and inundation are not part of the main cover under the general conditions of comprehensive (kasko) motor insurance; they are added to the cover by an additional agreement. This cover is usually included in extended comprehensive policies, but the scope and excesses vary from policy to policy. The first step is therefore to check whether the policy includes “flood and inundation” cover and to review its special conditions. If the insurer does not meet the claim, an application may be made to the Insurance Arbitration Commission or a lawsuit may be filed.

Where a comprehensive policy includes flood cover, the general conditions do not expressly exclude damage caused by floodwater entering the engine. Court decisions show that damage caused by floodwater entering the engine has been treated as within the cover, and that restarting a vehicle that stalled in a flood has not been regarded as intentional conduct. However, insurers’ special conditions may contain different provisions; to prevent the damage from increasing, the vehicle should not be started before the loss adjuster arrives.

Under the general conditions of comprehensive motor insurance, the damage must be reported to the insurer within five working days at the latest from the date on which it became known; the “five days” mentioned in the news should be understood as working days. Missing this period does not automatically extinguish the insurance claim. Under Article 1446 of the Turkish Commercial Code, only the damage that increased because of the late notification may be deducted from the compensation, according to the degree of fault; if the insurer had already learned of the incident by other means, even this deduction cannot be made.

For a vehicle damaged in a paid or shopping centre car park, the liability of the car park operator and the service fault of the administration responsible for the infrastructure are assessed separately. In a residential complex car park, the management’s liability may arise from the maintenance of the pumps and drainage in the common areas. For claims against the administration, decisions of the Court of Jurisdictional Disputes have held that the administrative courts have jurisdiction for such areas outside the highway. The car park ticket, valet receipt and incident report should always be kept.

The competent court is determined by where and how the damage occurred. In decisions of the Court of Jurisdictional Disputes, the ordinary courts have been held to have jurisdiction for vehicles damaged on a highway, by reason of Article 110 of the Highway Traffic Law, and the administrative courts for damage in areas outside the highway, such as a residential complex car park. The General Assembly of Civil Chambers of the Court of Cassation has also accepted that collecting and removing rainwater is the duty of the water and sewerage administration. As choosing the wrong judicial route can cost years, this distinction should be made before a lawsuit is filed.

Yes. Under Article 13 of the Administrative Procedure Law, a person harmed by an administrative act must, before filing a lawsuit, make a written application to the relevant administration within one year from the date on which they learned of the act and, in any event, within five years from the date of the act. If the administration does not respond within thirty days, the request is deemed rejected. The lawsuit is filed in the administrative court within sixty days from notification of the rejection or from the expiry of the thirty-day period.

In such cases, administrations often argue that the extraordinary rainfall amounted to force majeure. However, a natural disaster removes the administration’s liability only if it was unforeseeable and unavoidable; court decisions show that a natural disaster does not break the causal link in every case and is sometimes treated only as a ground for reducing the compensation. Meteorological station data and previous floods at the same location are therefore decisive for the course of the case.

If the comprehensive policy has no diminution in value clause, diminution in value cannot be claimed from the comprehensive insurer. This item may be claimed from the administration or third party responsible for the damage; there are decisions ordering the administration to pay for the diminution in value of a vehicle damaged in a flood. In calculating diminution in value, the vehicle’s value before the damage is compared with its market value after repair, and the expert report is decisive.

Under the Disaster Insurance Law No. 6305, DASK (compulsory earthquake insurance) covers only material damage to buildings caused by earthquakes; it does not include flood and inundation cover. Flood damage to a home is covered by a home or fire policy if “flood and inundation” cover has been added to it as additional cover. The damage should be recorded with photographs and video and reported to the insurer without delay. If the water comes from the building’s insulation, drainage or the plumbing of the flat above, liability may lie with the building owner, the management or the neighbour.