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Insurance Law Insurance law is a branch of private law that is examined within the sub-branches of commercial law. The definition of insurance contracts is made in Article 1401 of the Turkish Commercial Code. According to this definition, an insurance contract is a contract in which the insurer undertakes to compensate for a measurable benefit of a person or a loss that may arise due to the life periods of several persons against payment of a premium.
This article includes the obligations imposed on the parties to the insurance contract, as well as the distinction between property and life insurance and their elements. According to this article, the elements of the property insurance contract are premium, a financially measurable benefit, the risk that causes the benefit to be damaged, and the insurer. In life insurance, the elements are premium, the life of the person or persons, the event that occurs in the life of the person or persons (risk), and the insurer.
Disputes Arising from Insurance Law
Claims to be requested under the insurance policy and the claims that the insurer can demand according to the principle of subrogation are initiated and followed up on by our law firm located in Izmir. As Kapital Law Firm, the main types of lawsuits for which we provide consultancy and legal services are as follows:
- Insurer’s Subrogation Claim
- Claims for Diminished Value Compensation and Damage Amount
- Compensation for Loss of Support (Material and Moral)
- Material Compensation Claims Arising from Death and Physical Injury
- Compensation Claims Arising from the Liability of Medical Professionals.
What are Insurance Recourse Claims?
Recourse right, generally speaking, refers to the obligation of a debtor who shares the liability for compensation under a contract or tort along with other parties to whom the damaged creditor applies for compensation to apply to other debtors in proportion to their shares after paying the debt. According to the principle of subrogation, the insurer can claim the amount it has paid in proportion to the insured person’s degree of fault. In our law firm located in Izmir, we provide services to our clients against execution proceedings or lawsuits initiated by insurance companies based on recourse claims, mainly within the framework of comprehensive motor insurance and traffic insurance.
What is Diminished Value Compensation?
Diminished value refers to the decrease in the market value of a vehicle after being reported as a damaged vehicle in the Tramer records and undergoing repairs. Compensation requested from the MTPL (Motor Third Party Liability) Insurance of the at-fault vehicle for this loss is called diminished value compensation. The request for diminished value compensation should be made within two years from the date of the accident with the necessary documents. The model, age, mileage at the time of the accident, the degree of damage suffered, and the degree of fault are the factors that need to be taken into consideration when calculating the diminished value compensation.
Compensation for Loss of Support
Compensation for loss of support is a type of monetary compensation demanded by the essential persons whose financial support has been reduced due to the events in their lives after the death of a person. Along with the demand for monetary compensation, a demand for moral compensation can also be made. One of the important conditions for making a claim for compensation for loss of support is that the deceased person was providing financial support to the person making the claim while alive. As it is accepted as an indication that there was a financial support relationship between the deceased person and their spouse, mother, father, or children, the aforementioned relatives of the deceased can claim compensation. It can be demanded from the insurance company within the scope of the loss of support (death) coverage in the MTPL policy.
Compensation Lawsuit Due to Death and Bodily Harm
Claims for permanent disability resulting from bodily harm in a traffic accident and for loss of income during the recovery period after the accident can be requested from the insurance company. Claims for Permanent Disability and Temporary Disability resulting from a traffic accident are compensated by the insurer under the Disability Coverage included in the Motor Third Party Liability Insurance policy. Additionally, healthcare expenses incurred due to the injury and disability suffered by the individual can also be requested from the insurance company under the Healthcare Expenses Coverage clause included in the MTPL policy.
Claims Arising from Physician Liability
Under Law No. 1219, all physicians, dentists, and medical specialists practicing in public or private healthcare facilities or clinics (insured) are required to have mandatory professional liability insurance.
Claims related to incidents covered by the insurance policy can be requested from the insurance company under the Professional Liability Insurance coverage in case of a physician’s incorrect treatment application.