Application for Temporary Caregiver Expense Reimbursement

TO THE DUTY PRIMARY COMMERCIAL COURT
OF ISTANBUL

PLAINTIFF:
(Turkish Republic Identity Number: …), Address

ATTORNEY:
Lawyer (Name and Surname), Address

DEFENDANT:
… Insurance Company, Address

SUBJECT:
Request to file an uncertain claim for compensation for temporary caregiver expenses.

EXPLANATIONS:

1. My client was seriously injured in a traffic accident that occurred on …/…/… while traveling in a city minibus. The accident was caused by the minibus driver's violation of traffic rules. The minibus collided with another vehicle while attempting an illegal overtaking maneuver, and my client was severely injured as a result of the collision. My client was taken to the hospital after the incident and underwent a lengthy treatment process.
2. Due to my client's need for continuous care following the accident, temporary caregiver expenses arose, but these expenses were not covered by the defendant insurance company. Applications to the defendant insurance company were unsuccessful. in the Supreme Court's 17th Civil Chamber's decision numbered 2020/8745 E., 2021/4321 K. , "Caregiver expenses and other treatment costs arising from traffic accidents are considered within the scope of insurance coverage." In accordance with this precedent, the damages suffered by my client must be compensated.
3. It is not yet possible to definitively determine the extent of my client's damages. Therefore, while reserving our rights to claim further damages, we have been compelled to file this uncertain claim for monetary compensation.

EVIDENCE:

1. Traffic accident reports,
2. My client's hospital reports and documents relating to treatment costs,
3. The application documents submitted to the defendant insurance company,
4. Mediation report,
5. Investigation and expert reports,
6. Witness statements and other legal evidence.

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

CONCLUSION AND REQUEST:
For the reasons explained above:

1. Without prejudice to our rights regarding further claims, we request that the defendant pay ... TL in material compensation to cover the temporary caregiver expenses of our client , together with legal interest accruing from the date of the accident.
2. As legal counsel, I respectfully request and demand that the court order the defendant to pay the court costs and attorney's fees.

Plaintiff's
Attorney (Name and Surname)
Signature

APPENDICES:

1. Accident reports,
2. The client's hospital reports,
3. Application documents submitted to the insurance company,
4. Mediation report.