Petition for Permanent Disability Damage and Caregiver Expenses

TO THE DUTY PRIMARY COMMERCIAL COURT
OF ISTANBUL

PLAINTIFF : Name and Surname – (Turkish Republic Identity Number: …), Address

ATTORNEY : Lawyer's Name and Surname – Address

DEFENDANT : … Insurance Company – Address

SUBJECT OF THE CASE : An uncertain claim lawsuit pursuant to Article 107 of the Code of Civil Procedure (a claim for an uncertain amount of 3 TL, consisting of 1 TL for permanent disability compensation due to a traffic accident, 1 TL for temporary caregiver expenses, and 1 TL for caregiver expenses for the period of permanent disability).

EXPLANATIONS:

1. My client was seriously injured in a traffic accident on …/…/… when the vehicle with license plate number … driven by … struck him while he was crossing the street on … street. As a result of this accident, my client underwent a long period of treatment and suffered a loss of earning capacity. It was determined that the driver of the vehicle with license plate number … was entirely at fault for the accident. My client had no fault in the accident. The insurance for the vehicle that caused the accident was provided by the defendant, … Insurance Inc.
2. Following this unfortunate accident, my client suffered significant financial and emotional losses; he required long-term treatment and care services. In addition, having lost his ability to work due to the accident, my client is experiencing serious economic difficulties. During this process, my client was forced to lose his regular job, which he held before the accident, and his ability to contribute financially to his family was cut off.
3. The mediation process, a mandatory prerequisite for filing a lawsuit in commercial disputes, has been initiated, but no agreement has been reached in the negotiations with the mediator appointed by the Ministry of Justice. With the final report dated …/…/…, the mediation process has concluded negatively, making it necessary to file a lawsuit.
4. Since the full extent of the damage caused by the accident could not be determined, this lawsuit was filed to ascertain the financial losses suffered by my client. Currently, an uncertain claim of 3 TL is being sought: 1 TL for permanent disability, 1 TL for temporary caregiver expenses, and 1 TL for caregiver expenses for the period of permanent dependency. Considering my client's physical and psychological condition as a result of the accident, it is essential to obtain expert reports to determine the actual damages. The defendant insurance company is liable for the accident caused by the vehicle insured under the Compulsory Motor Insurance Scheme (ZMMS), and must compensate my client for the damages suffered.

EVIDENCE:

1. The criminal case file numbered …/… of the Diyarbakır Chief Public Prosecutor's Office, and the expert reports and other documents within this file,
2. … Training and Research Hospital reports (documents specified in the general terms and conditions of ZMMS insurance),
3. Accident report,
4. Copies of driver's license and vehicle registration certificate,
5. Hospital bills and receipts related to treatment and care.

LEGAL GROUNDS: Code of Civil Procedure, Turkish Commercial Code, Turkish Code of Obligations, Turkish Commercial Code, and other relevant legislation.

CONCLUSION AND REQUEST: For the reasons stated above and those to be considered ex officio, and reserving our rights regarding any further claims;

• The lawsuit concerning the uncertain claim is accepted
• For now, the monetary damages amounting to 3 TL shall be paid jointly and severally by the defendant, together with commercial interest accruing from the date of their default
• With the preliminary approval, an inspection date is set for obtaining the fault, disability, and accounting reports for the file
• As legal counsel, I respectfully request that the court order the defendants to bear the court costs and attorney fees.

…/…/…

Plaintiff's
Attorney's Name and
Surname