Insurance Law Lawyer in Bursa

Even when unexpected events such as traffic accidents, earthquakes, fire, theft, workplace accidents and medical malpractice are covered by insurance policies, the payment of compensation does not always run smoothly. Partial or no payment, unjustified rejection of a claim, loss adjuster reports drawn up against the claimant and incorrect allocation of fault are the most common obstacles to insured persons recovering their real loss. At Neka Legal, we handle insurance law with the aim of ensuring that our clients, whether insured persons or other beneficiaries, recover their rights in full.

Compensation arising from traffic accidents

Compensation claims arising from traffic accidents make up a large part of our work. Full compensation of the pecuniary and non-pecuniary damage of the victim or their relatives after an accident depends on correctly assessing the accident report and the allocation of fault, and on effectively challenging loss adjuster and expert reports. We carefully represent our clients in the correct calculation of items such as medical expenses, permanent and temporary incapacity compensation, vehicle damage and loss of value, and, in fatal accidents, compensation for loss of support for the relatives, and in reviewing disability reports. For details of the heads of damage, see our damages page.

Motor own-damage (kasko) and compulsory traffic insurance disputes

In disputes concerning motor own-damage insurance and compulsory third-party motor insurance (ZMSS), we handle claims rejections, underpayments, stolen vehicles and total loss cases, assessing whether the grounds for refusal raised by the insurer fit the facts and whether the insurer fulfilled its duty to inform. We also support clients in disputes arising from fire, theft and property insurance, cargo insurance, and the construction and erection all-risks (CAR/EAR) insurance that is critical for construction companies.

Compulsory traffic insurance covers damage caused to third parties within the policy limits, while own-damage insurance covers damage to the insured’s own vehicle under the policy terms. The most common grounds for refusal in practice are drink-driving, driving without a licence, use outside the scope of the policy and late notification of the loss. Each of these grounds must be assessed separately in terms of the causal link with the damage and the policy conditions.

What should be done if the insurance company does not pay?

1. Gather the documents: The policy, accident report, loss adjuster’s report, invoices and photographs are collected.
2. Written application: A written application is made to the insurer with all documents; in traffic accidents, a pre-action application is mandatory.
3. Wait for the response: In compulsory traffic insurance, if the insurer does not pay within fifteen days or rejects the claim, the remedies become available.
4. Arbitration or litigation: The dispute is taken to the Insurance Arbitration Commission or the general courts.

Think before signing a release. Accepting the insurer’s payment in exchange for a release stating “I waive all my rights” may make it difficult to claim the remaining loss later.

Deadlines in insurance disputes

Claims arising from an insurance contract become time-barred two years after the claim falls due and in any case six years after the insured event (Turkish Commercial Code, Art. 1420). For compensation claims arising from traffic accidents, the limitation period is two years from learning of the damage and the person liable, and in any case ten years from the accident (Highway Traffic Law, KTK, Art. 109). After a written application to the traffic insurer, fifteen days must pass before filing a lawsuit (KTK, Art. 97).

If the accident also constitutes an offence and criminal law provides for a longer limitation period, that longer period applies in traffic accidents.

DASK, life and health insurance

For compensation under the compulsory earthquake insurance (DASK), which is particularly important given Türkiye’s earthquake risk, we handle objections to damage assessment reports, review of damage grade assessments and lawsuits where the compensation is insufficient; where necessary, we also consider claims against the contractor in parallel. In life and health insurance disputes, we provide a legal assessment based on the actual medical records against insurers seeking to avoid payment on grounds such as the duty of disclosure, exclusions and waiting periods.

Insurance Arbitration Commission

We actively handle proceedings before the Insurance Arbitration Commission, an important forum for the fast and expertise-based resolution of insurance disputes, following files from preparing the application to the proceedings before the arbitral panel and the objection stage.

To apply to the Commission, the insurer must be a member of the Commission system and a written application must first have been made to the insurer. Commission proceedings usually conclude faster than court proceedings; decisions below a certain monetary limit are final, while objections and appeals are available against decisions above that limit.

Professional liability and corporate policies

In professional liability insurance and medical malpractice cases, we act both for the insured professional and for the injured party; in physician liability files, we pay particular attention to informed consent, the distinction between complication and malpractice, and the assessment of Forensic Medicine reports. In recourse actions brought by insurers and the Social Security Institution, we act for both sides.

We also advise corporate clients on the negotiation and legal review of commercial insurance policies (general and product liability, cyber risk, D&O liability and others), assessing each file within its own particular circumstances.

Frequently asked questions

What can I do if my motor insurer does not declare my car a total loss?

The loss adjuster’s report can be challenged and an independent expert examination requested. If no agreement is reached, an application can be made to the Insurance Arbitration Commission or the court.

Does the other party’s insurance pay for the loss of value of my car?

Yes. The loss of value of the vehicle of the party not at fault, or less at fault, can be claimed from the other party’s compulsory traffic insurance.

Is it mandatory to apply to the Insurance Arbitration Commission?

No. The Commission is an optional route; you can also go to court. However, both routes cannot be pursued at the same time for the same dispute.

Can I challenge a DASK earthquake damage assessment?

Yes. The damage assessment report can be challenged; if the compensation is found insufficient, arbitration or litigation can be pursued.

Can payment be refused because of an illness I did not declare to the insurer?

A breach of the duty of disclosure may affect payment depending on the degree of fault and the connection between the illness and the insured risk. Each ground for refusal must be assessed against the specific medical records.

Responsible attorney: Kaan Kaplan

This page has been prepared for general information purposes and does not constitute legal advice. Last updated: 6 November 2026.