Motor and comprehensive cover
Claims for material damage, diminished value, loss of support and permanent incapacity compensation.
Ankara --:-- · —
bilgi@utuhukuk.com
0536 593 16 00
Practice Area · 09
Insurance Law
Acting for the insured, the policyholder and the insurer in disputes over the occurrence of the risk, the scope of cover and subrogation.
Last updated: · UTU Hukuk & Danışmanlık
Most insurance disputes arise not from the wording of the policy itself but from the special conditions attached to it and from when the duty of notification was performed. The period for notifying the risk and any allegation of breach of the duty of disclosure determine the course of the file from the outset.
UTU Hukuk & Danışmanlık acts for parties in motor and comprehensive insurance claims, life and health insurance disputes, marine cargo insurance, liability insurance and insurance subrogation actions.
Because an application to the Insurance Arbitration Commission produces a faster result than litigation in suitable files, the two routes are compared and a decision taken in every file.
Scope
Which Insurance Law matters do we handle?
UTU Hukuk provides litigation and advisory services in Ankara in Insurance Law on the following matters: Motor and comprehensive cover, Insurance Arbitration Commission, Life and health insurance, Liability insurance, Subrogation actions and Policy and special condition review. The headings below are the types of work we handle most often in this area. A preliminary meeting can also be arranged on a matter not listed here.
Insurance Arbitration Commission
Preparation of the application file and conduct of the appeal arbitration panel stage.
Life and health insurance
Assessment of allegations that a loss falls outside cover and of defences based on breach of the duty of disclosure.
Liability insurance
Claims arising from professional indemnity, employer's liability and third-party financial liability policies.
Subrogation actions
Claims and defences in files where the insurer exercises subrogation against the insured or the party causing the loss.
Policy and special condition review
Risk analysis of the policy wording and of general and special conditions for corporate clients.
Authorities
Which authorities hear Insurance Law cases?
Depending on their nature, Insurance Law cases are handled before Commercial Court of First Instance, Insurance Arbitration Commission, Mediation Office and Regional Court of Appeal. The authority before which the matter is heard determines the applicable procedure and time limits from the outset. An application to the wrong authority usually results in lost time.
- Commercial Court of First Instance
- Insurance Arbitration Commission
- Mediation Office
- Regional Court of Appeal
Process
How do we work?
Every file goes through the same four steps. A stage that is rushed increases the cost of the one that follows.
Preliminary meeting
We listen to the subject of the file, its stage and the time limits. A conflict-of-interest check is carried out. The meeting is held by appointment and on a confidential basis.
Document review
Existing documents, service dates and the case file, if any, are examined. We establish which time limits are running and which rights can still be exercised.
Roadmap
Options are set out in writing together with their likely outcomes and costs. The engagement and the fee are agreed in a written contract before work begins.
Execution and reporting
Information is provided at every stage as the matter proceeds. Hearings, service and time limits are notified in advance; no surprises are left.
Q & A
Insurance Law — frequently asked questions
First, the grounds for refusal should be requested in writing. If the ground is that the loss falls outside cover, the special conditions of the policy are examined; if it concerns the duty of disclosure, the information in the application form is reviewed. Either arbitration or litigation is then chosen.
Arbitration is usually faster and cheaper; however, the insurer must be a member of the commission. For high-value files requiring extensive expert examination, the court route may be preferred.
The loss of value suffered by the vehicle of the party who is not at fault, or only slightly at fault, is claimed from the other party's motor liability insurer. The claim is supported by an expert report.
Claims arising from an insurance contract are, as a rule, time-barred after two years, and claims for insurance indemnity after six years from the occurrence of the risk. Where the act constitutes a criminal offence, the criminal limitation period applies.
The spouse and children deprived of the deceased's support, and, where the conditions are met, the parents and other relatives, may bring a claim.
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Related practice areas
Files rarely stay within a single area. The areas below are those that most often run alongside this one.
13Compensation LawPecuniary and non-pecuniary compensation arising from tort, traffic and workplace accidents, malpractice and breach of contract…View 04Employment LawActing for employees and employers; termination, severance and notice pay, overtime claims, reinstatement and workplace accident f…View 06Transport LawLoss, damage and delay disputes under the CMR and domestic law; freight claims and carrier …View
Let us assess your file together.
At the preliminary meeting we discuss the stage of the file, the time limits running and the available options. Meetings are by appointment and confidentiality is essential.