Hiring an expert lawyer boost your chances of success in insurance claims in Turkey. If you believe you have an insurance claim, it is always better to contact a lawyer before you speak with any insurance representative. Speaking with an experienced lawyer before you contact your insurance company to make a claim can help you avoid hurting your case when you communicate with experienced insurance representatives when you open a claim. Remember this: Insurance companies are all about making money by finding reasons or excuses to deny your claim and avoid paying you insurance benefits. And this starts from your initial call to open a claim.

Consulting an attorney

If your claim is not a simple one and may involve interpretation of the policy, it is best to consult an attorney. If an insurance company denies your claim, it is unlikely they will change their position unless new evidence is presented. This is why we recommend getting an attorney ahead of time, so you have the highest chance of having the claim approved from the start. Insurance companies are not afraid to deny a claim using shaky reasoning because an unrepresented claimant has no ability to seek a remedy in court. Insurance companies are far less likely to try to deny a valid claim when an attorney is involved.

Hiring a lawyer

Hiring a lawyer most definitely helps your chance of success. An experienced lawyer will ask you a series of questions to evaluate your claim to determine if it is even worth pursuing. If you have a case, a lawyer will use their expertise to push your claim along. Insurance companies use a couple of tactics with people who are not represented by attorneys. If they know there is a valid claim, they will make a quick low offer in hopes that you take the money and run. If they know it’s going to take you some real work to prove your claim, they will straight-up deny it and hope that you just walk away. And frankly, many people will walk away. That’s what the insurance companies bank on.

Insurance companies may deny, delay, and deflect legitimate claims by regular people, rather than adjust such claims fairly and quickly, as they should do. Many cases are too complicated to handle on your own, and hiring a lawyer is the best approach to handle the problem.

Attorney’s fees

Sometimes, attorneys will take an insurance claim case on contingency. That’s where you don’t pay unless the attorney wins your case. Standard attorney’s fees are usually 15 % of the recovered amount if it’s resolved before a lawsuit is filed and 25 % once litigation begins. For a smaller case, you might be able to file a successful claim or appeal with a lawyer letter, which could cost as little as a few hundred dollars.

Timing of hiring a lawyer

The single most important decision isn’t whether to hire an attorney, but when to do it before it’s too late. Should you hire a lawyer if your claim is denied? No, you should hire one before your claim is denied and certainly before you’ve filed an appeal. A lawyer will take a hefty cut of your award or settlement. But getting something is better than nothing.

The filing of insurance claims

The filing of insurance claims is governed by the relevant provisions on insurance contracts in the Commercial Code. The policyholder must:

• notify the insurer without delay when it becomes aware of the materialisation of the risk; and
• provide the insurer with all information and documentation required to determine the extent of the risk and indemnity.

Depending on various conditions, any delay in the filing of the claim may give the insurer the right to make a deduction on the indemnity amount or refrain from paying the indemnity altogether.

Time Limits

Pursuant to Article 1446 of the Commercial Code, the policyholder must notify the insurer without delay when it becomes aware of the materialisation of the risk before the expiration of the time limit. However, if the amount of the claim increases due to the failure or delay in giving notice of the materialisation of the risk, the insurer may reduce the total amount of damages. All claims arising from insurance contracts must be filed within two years of the date when payment falls due. In any event, all claims relating to an insurance indemnity or insurance sum must be filed within six years of the date of materialisation of the risk. This period is extended to 10 years for liability insurance.

Payment obligation

Following occurrence of the risk, the obligation to pay the insurance indemnity or the fixed sum falls due when the insured notifies the insurer and the insurer completes without delay its investigation on its payment obligation (within a maximum of 45 days, or 15 days for personal insurances, following notice of the insured) and the insurer would be automatically in default without need for any further notice. The insurer can also be held liable for payment of default interests.

If investigations cannot be completed within three months, the insurer must make an advance payment corresponding to at least 50% of the indemnity or sum agreed between the parties or determined on the basis of a court pre-expertise report. The ultimate amount of the indemnity would then be reduced by the amount of any such advance payment.

Common types of insurance disputes

• auto insurance claims
• disability insurance claims
• health insurance claims
• life insurance claims
• residential property insurance claims
• business interruption claims
• commercial property insurance claims
• hotel damage claims
• restaurant insurance claims
• long-term care insurance claims
• Etc.

Earthquake Insurance

Turkey mandated earthquake insurance for all property owners, regardless of nationality. Property owners in Turkey are required by law to purchase insurance against earthquakes, which covers the costs of restoring damage caused by earthquakes or any natural disasters. In Turkey, property owners pay for earthquake insurance, and they do so also on behalf of tenants residing in their property.

It is necessary to have the document DASK to open water, electricity, and gas utility subscriptions as this is only allowed after paying a certain amount for an earthquake insurance policy for the first time, and the property owner or the tenant can apply for opening these utility subscriptions after receiving the copy of the seismic insurance policy DASK, which is determined by the DASK Foundation.

While requiring private construction firms to meet seismic safety standards, the Turkish government ensures that any dangerous structures will be demolished and replaced in accordance with current standards. All of Turkey’s buildings have also been subjected to a detailed earthquake resistance assessment by the Turkish government.

In Turkey, construction companies are legally required to create earthquake-resistant structures, and if they fail to do so, they are liable to the investor. Many construction businesses specify the characteristics of the structures, the materials used in their construction, and the degree of their earthquake protection in sales contracts. The majority of residential structures are designed to survive earthquakes of magnitude 8 on the Richter scale, whereas large buildings and important infrastructures such as airports, bridges, and metro stations are designed to withstand earthquakes of magnitude 9.

Negotiating with insurance companies

Our insurance claims lawyers have extensive experience negotiating with insurance companies to secure you the best possible payout based on the circumstances surrounding your case.

What our insurance claims lawyers can do for you:

• provide an overview of your legal options
• investigate how your claim was handled by the insurer
• consult with legal and insurance experts
• determine how much your case is worth
• handle communications with the insurer on your behalf
• fight for the best possible settlement
• effectively communicate with you throughout every step of the legal process

Get Start!

Our lawyers can help you resolve your claim with as little stress as possible, but time is of the essence. Don’t wait to begin the process of disputing your insurance claim. Contact our offices today to schedule a free case evaluation with one of our experienced lawyers to determine your eligibility for taking legal action against your insurer: contact@bicakhukuk.com