What should I do if I have a dispute with my insurance company?

Insurance Arbitration Commissions, to which applications are made in case of insurance disputes, are institutions that operate to resolve disputes arising from insurance contracts between the insured or the person bound by the insurance contract and the party assuming the risk, and provide services to bring the dispute to a quick and economical conclusion.

Application Procedure and Process to the Commission

To apply to the commission, it is necessary not to have previously filed an application to a court or consumer arbitration board to resolve a dispute . This is because doing so could lead to two parallel legal proceedings and two different outcomes on the same issue. Another requirement is to have previously applied to the insurance company . The purpose of legal proceedings is to resolve the dispute. First, there must be a dispute; then, we must proceed with a solution. If, after applying to the insurance company, a rejection or no response is received within 15 days, the insured person has the right to pursue legal action through court or arbitration.

right of appeal for arbitration awards up to 40,000 TL . Appeals are possible for arbitration awards in disputes of 40,000 TL and above. In any case, appeals are possible if the arbitrators make a decision outside the scope of their duties or deviate from proper procedure.

Due to its structure, the commission provides services to individuals involved in disputes through an easy application process that does not require expert assistance. However, this ease should not mislead individuals; for the fair and orderly conduct of the proceedings, individuals must present all necessary evidence fully and completely before the arbitrator to avoid any injustice.

Documents Required for Application to the Commission

1. Application form with wet signature obtained from the commission's website
2. Photocopy of ID
3. Application fee receipt
4. Document indicating that no response was received from the insurance company or that a rejection was received
5. A document explaining why the response received did not meet the request and what was requested from the commission
6. Other evidence

Appeal against the Commission's Decision

For disputes of 5,000 TL and above, an appeal may be filed with the Commission within 10 days of notification of the Commission's decision . If the appeal results in the reaffirmation of the previous decision, the decisions are final. Appeals not made in accordance with the procedure will not be accepted, and 90% of the appeal fee paid by the applicant will be refunded.

Insurance Company's Right of Recourse

As a rule, an insurance company cannot seek recourse from its own policyholder after compensating for the depreciation in vehicle value. However, there are exceptional cases where the insurer does seek recourse from its own policyholder.

1. If the insured acted with intent,
2. If the driver of the vehicle causing the damage is unlicensed,
3. If the driver is under the influence of alcohol or drugs,
4. If the vehicle is on the road in violation of regulations,
5. If the party causes damage by acting contrary to the insurance notification,
6. If the vehicle has been stolen or hijacked,

The insurance company will be able to seek recourse against the insured. However, in cases such as robbery, where the insured's fault is questionable, practices that fail to protect the individual may be subject to litigation.

For more information on this matter, you can consult with our firm's experienced lawyers.

Trainee Lawyer Hamdi Berk Can