+90 232 369 63 69info@ozkanbalhukuk.comKarşıyaka / İzmir · Weekdays 09:00–18:00

Practice Area 05

Insurance Law

Insurers are subrogated to the rights of the insured to the extent of the indemnity paid and may seek recourse against those responsible for the loss. Our office handles recourse proceedings and actions on behalf of insurance companies and advises on policy-related disputes.

What we handle in this area

  • Recourse actions arising from motor own damage and traffic insurance
  • Recourse in fire, cargo and engineering insurance
  • Collection of subrogated receivables
  • Claims and compensation disputes
  • Diminished value claims
  • Applications to the Insurance Arbitration Commission
  • Disputes on the interpretation of policy terms
  • Management and reporting of bulk recourse files

How is a recourse file handled?

After the insurer pays the indemnity, the main steps followed to recover the recourse receivable are as follows.

  1. 1File reviewThe policy, claim file, loss adjuster's report and payment records are reviewed.
  2. 2Identifying liable partiesThe parties responsible for the loss and, where applicable, their insurers are identified.
  3. 3Demand and noticeWritten demands are sent to the liable parties and their insurers, and settlement options are assessed.
  4. 4Proceedings or actionIf payment is not made, enforcement proceedings, a lawsuit or arbitration is pursued.
  5. 5Collection and reportingThe collection process is monitored and the outcome is reported to the insurer.

Frequently asked questions

What is recourse?

Recourse is the insurer's claim against a liable third party to recover the indemnity it paid to its insured. Under the Turkish Commercial Code, the insurer is subrogated to the insured's rights to the extent of the indemnity paid.

What is the Insurance Arbitration Commission?

It is a forum where disputes arising from insurance contracts are resolved outside the courts by specialised arbitrators. The insurance company must be a member of the Commission.

What is the limitation period for insurance claims?

As a rule, claims arising from an insurance contract are time-barred two years after they fall due and in any event six years after the insured event. Different periods may apply to recourse claims based on tort.