(DASK) Compensation Disputes

What is Compulsory Earthquake Insurance (DASK)?

Compulsory Earthquake Insurance is a type of insurance that concerns public order and is regulated under the Disaster Insurance Law No. 6305. This insurance covers damages caused by earthquakes and events directly resulting from earthquakes, such as fires, explosions, and landslides.

DASK (Turkish Natural Disaster Insurance Pool) insures the building itself; the contents inside are not covered. Damage to contents must be secured separately with home insurance.

One of the most common problems encountered after an earthquake is the inadequacy of damage payments made by DASK (Turkish Natural Disaster Insurance Pool). This is where a DASK compensation lawsuit comes into play.

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What types of damage does DASK (Turkish Natural Disaster Insurance Pool) cover?

Mandatory earthquake insurance covers the following damages:

• Damage to the load-bearing system

• Damage to walls, columns, and beams

• Cracks and structural deformation

• Destruction caused by the earthquake

However, the following damages are excluded from coverage:

• Property damage

• Job loss

• Loss of rent

• Moral damage

Therefore, accurately classifying the damage items is important.

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Damage Assessment Process

Following an earthquake, the insured must apply to DASK (Turkish Natural Disaster Insurance Pool) immediately from the date they become aware of the damage. An expert assessment will be carried out and a damage report will be prepared.

The most common problems encountered in practice are:

• Determining a low damage rate

• A severely damaged building is considered to have minor damage

• Failure to take reinforcement costs into account

• Underestimation of the market value

It is possible to object to the expert report.

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What happens if DASK (Turkish Natural Disaster Insurance Pool) makes an incomplete payment?

If the payment made by DASK (Turkish Natural Disaster Insurance Pool) does not cover the actual damage, the insured has the right to take legal action.

Underpayment usually occurs for the following reasons:

• Calculating the price per square meter too low

• Incorrect determination of building class

• Claim to show damage other than earthquake damage

In this case, the insured can request a technical expert examination to determine the actual extent of the damage.

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DASK Compensation Claim Process

The procedure to follow in DASK (Turkish Natural Disaster Insurance Pool) disputes is as follows:

1️⃣ Written Application

First, a written application must be submitted to DASK (Turkish Natural Disaster Insurance Pool). Documentation of any underpayments or rejection decisions must be provided.

2️⃣ Insurance Arbitration Commission

DASK (Turkish Natural Disaster Insurance Pool) is included in the arbitration system. Arbitration applications generally yield faster results.

3️⃣ Lawsuit in the Commercial Court of First Instance

If arbitration is not preferred or the dispute involves a large sum of money, a lawsuit can be filed.

The competent court is the Commercial Court of First Instance.

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The Importance of Expert Examination

In DASK (Turkish Natural Disaster Insurance Pool) compensation cases, the technical expert report is decisive. Construction engineer experts assess the building's:

• Damage rate

• The need for strengthening

• Risk of collapse

• Repair cost

It calculates in detail.

Expert reports and court expert reports can often differ.

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Statute of Limitations

The statute of limitations for lawsuits filed under DASK (Turkish Natural Disaster Insurance Pool) is two years. This period begins from the date the damage is discovered.

Failure to meet this deadline will result in the loss of the right to compensation.

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The Relationship Between Urban Transformation and DASK (Turkish Natural Disaster Insurance Pool)

In buildings declared severely damaged after the earthquake, the urban transformation process may begin. However, this does not prevent receiving compensation from DASK (Turkish Natural Disaster Insurance Pool).

The insured is entitled to compensation within the policy limits.

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DASK Policy Limit

DASK (Turkish Natural Disaster Insurance Pool) is limited to a maximum coverage amount determined annually. If the damage exceeds this limit, a separate home insurance policy will be implemented for the remaining amount.

Therefore, it is important to set policy limits in accordance with earthquake risk.

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Common Disputes in Practice

• Superficial counting of column cracks

• Downplaying damage to the load-bearing system

• Error in square meter calculation

• The damage was assessed as being due to a "pre-existing structural defect" rather than an earthquake

In these cases, technical objections and legal recourse are required.

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Conclusion: How to Protect Your DASK Compensation Rights?

DASK (Turkish Natural Disaster Insurance Pool) compensation claims ensure that structural damages caused by earthquakes are compensated based on their true value. Insured individuals are not helpless in the face of underpayment or rejection.

The right way:

1️⃣ Written objection
2️⃣ Arbitration application
3️⃣ Litigation and expert witness process

Insurance law is a field that requires technical knowledge. Accurate analysis of policy terms and claims reports prevents loss of rights.