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Insurance Law is the branch of law that ensures material or non-material damages that individuals and institutions may suffer are secured against certain risks.
In modern life, both individual and commercial activities are increasingly secured by insurance contracts. However, this assurance frequently turns into disputes between insurance companies and the insured in practice.
At SVK Law, in our Izmir and Bursa offices, we offer our clients fair, technical, and fully compliant solutions in all disputes arising from insurance contracts.
Our goal is to protect the rights of beneficiaries against insurance companies in a fast, transparent, and documented manner.
Every insurance relationship is born on the basis of an insurance contract. These contracts are regulated in Articles 1401 and following of the Turkish Commercial Code.
Most Common Insurance Types:
Compulsory Traffic Insurance
Motor Own Damage Insurance (Kasko)
Home and Workplace Insurance
Health Insurance
Life Insurance
Marine/Transport Insurance
Liability Insurances (e.g., professional, employer liability)
Each insurance type has different coverage limits and special provisions. Incorrect arrangement of the insurance policy or incomplete definition of coverage may lead to results against the insured in the compensation process.
Upon the occurrence of a loss, the insured or the beneficiary makes a claim for compensation within the scope of the policy. However, in many cases, insurance companies:
Determine the compensation amount incompletely,
Interpret the scope of the policy narrowly,
Reject payment on the grounds of “exclusion.”
At this point, filing an insurance compensation lawsuit may be necessary.
SVK Law provides litigation services in the following areas:
Compulsory Traffic Insurance and Motor Own Damage compensations arising from traffic accidents.
Rejection of Health and Life Insurance payments.
Property insurance lawsuits such as fire, flood, earthquake, workplace accidents.
Recourse (Rücu) and objection lawsuits against the insurance company.
Most lawsuits require expert examination. Therefore, appraisal, financial analysis, and policy comparison are performed professionally in our files.
Insurance companies are obliged to fulfill the coverages in the policy completely. This obligation includes:
Paying the insurance compensation on time,
Determining the scope of the loss correctly,
Not giving incomplete or misleading information to the insured.
In case the insurance company fails to fulfill its obligation, liability for compensation arises pursuant to Article 1427 of the Turkish Commercial Code and Article 112 of the Code of Obligations.
Insurance disputes can be resolved not only in court but also through the Insurance Arbitration Commission. This system was created within the scope of Insurance Law No. 5684 and provided a fast decision-making mechanism.
Advantages:
Decisions are usually given within 4 to 6 months.
It is low-cost compared to court expenses.
Decisions falling below the monetary limit are final.
However, an annulment lawsuit can be filed against the arbitration award; in this case, the file passes through judicial review again.
Damages arising from traffic accidents are the most litigated insurance area in Turkey. Especially items such as:
Material damage cost
Vehicle value depreciation
Permanent disability
Loss of support (in case of death) must be calculated meticulously.
Legal audits are conducted against insurance companies’ attempts to reduce payment on grounds such as “fault reduction”, “joint liability”, or “claiming from the opposing insurance first.”
Health insurance aims to cover treatment expenses incurred in private hospitals. However, insurance companies often do not pay on the grounds of “pre-existing condition.”
According to judicial decisions, even if the insured did not declare this disease while the policy was being arranged, the insurer’s liability is not completely eliminated — intentional violation of the notification obligation must be proven.
Similarly, in Life Insurance lawsuits, the scope of coverage and whether the cause of death falls within policy exclusions are carefully examined.
After paying compensation, insurance companies may file a recourse lawsuit against third parties responsible for the damage. SVK Law provides both representation in recourse lawsuits on behalf of insurance companies and defense services on behalf of the insured. In these lawsuits, the main issue is the fault rate and policy scope. Courts mostly decide based on expert examination and accident reports.
First, the reason for rejection should be obtained in writing, then an application to the Insurance Arbitration Commission or filing a direct lawsuit can be pursued.
It usually concludes within 4 to 6 months. Decisions below the monetary limit are final; objection or annulment lawsuit is possible for those above.
Yes. Value depreciation occurring in the vehicle within the scope of Motor Own Damage or Compulsory Traffic Insurance can be a subject of compensation.
Yes. If the insurer’s rejection is unjust, a compensation lawsuit can be filed based on policy conditions.
Yes. If payment is not made within a reasonable time after the compensation claim is submitted, legal interest is applied.
In some cases, yes; however, if the agency or insurance company arranging the policy violated the obligation to inform, the liability passes to them.
A lawsuit takes longer, but in some complex files, court examination provides stronger evidence evaluation. Arbitration is generally more suitable if the material amount is low, and a lawsuit if it is high.
It takes an average of 1 to 2 years depending on the expert examination. However, arbitration applications conclude much faster.
SVK Law provides specialized expertise in the field of Insurance Law with its offices in Izmir and Bursa.
As SVK Law, we offer comprehensive services for both individuals and companies in:
Drafting and auditing insurance contracts
Conducting arbitration and litigation processes
Compensation calculation and recourse lawsuits
Traffic, health, life, and home insurance disputes
Defense and representation for insurance companies
Compensation processes regarding traffic accidents, total loss value, life, and motor own damage (casco) insurance.
Legal support in reinstatement lawsuits, severance and notice pay, overtime receivables, mobbing, work accidents, and mediation processes.
Expertise in uncontested and contested divorce, custody, alimony, matrimonial property regimes, and domestic protection orders.
Debt collection, enforcement proceedings without judgment, seizure, removal of objection, bankruptcy, and collection management.
Consultancy in estate distribution, reduction lawsuits, annulment of wills, and reserved portion cases.
Effective defense during investigation and prosecution stages; legal representation in detention, arrest, judicial control, and appeal processes.
You can learn about your legal processes by browsing our Frequently Asked Questions page. Additionally, you can submit your inquiries to us by clicking the "Contact Us" button below.
Let’s determine together how your legal future will be shaped by contacting us.
