Petition Sample
TO THE INSURANCE ARBITRATION COMMISSION
APPLICATION
FOUND :A….. B….. (T.C.:…………)
ADDRESS
ATTORNEY:
ADDRESS
AGAINST
APPLICABLE
INSURANCE COMPANY: X SİGORTA A.Ş.
SUBJECT OF APPLICATION:../../…. It is about our request for compensation for the material damage of 000.00 TL, which the client has suffered due to the traffic accident that occurred in
DESCRIPTIONS
Applicant client A….. B….., 06 … Plate numbered …. Mediator (copy of license is attached to the petition Annex-1) and ../../…. While moving towards Ostim from Batıkent direction in history, the insured of the defendant insurance company owned C….. D…. Plate numbered 06 …. Model …. With the brand vehicle, ……………………. He was involved in a traffic accident with material damage at the junction.
The vehicle under the management and administration of C….. D…. could not stop by violating the speed limit rules of the location where the accident occurred, and quickly collided with the vehicle under the management and administration of the client, causing the client to crash into the vehicle in front, and thus a chain accident occurred.
As a result of the incident, a Traffic Accident Detection Report with material damage (Appendix-2) was kept between the parties. According to the defect report (tramer) prepared in line with this report, the vehicle with license plate 06 … belonging to C….. D…. is fully defective. C….. D…. It has caused the accident in question by violating the articles 52/1-a and b of the Highway Traffic Law No. 2918. As it is fixed in the report, C….. D…. the principal is at fault in the case and the client has no fault in this accident.
Due to this accident, the vehicle with the license plate number 06 … belonging to the client has great damages. The vehicle has lost a great deal of value. The client’s vehicle, which has become unusable, is located at the address of …….. Ostim Yenimahalle Ankara …. It remained at the Auto Service for a period of time and was repaired here (invoice and documents are attached Annex-4). Repair and repair of the vehicle, defendant X Sigorta A.Ş. has been met by
The client could not use his vehicle during this period of his stay at the service, and this situation created difficulties in his business and private life. In addition, there is a great loss of value in the vehicle. The damage suffered by the client still continues to increase. The defendant insurance company is obliged to pay the amount of loss of value suffered by the plaintiff client, as determined by the procedure, the law and the established jurisprudence of the Court of Cassation.
../../…. With the warning letter (Annex-3) sent from the Ankara Notary Public dated … X Insurance Company requested compensation for the loss suffered by the client. However, the defendant insurance company left the application unanswered and did not pay.
For the reasons explained above, it became necessary to make this application in order to determine the cost of the damage suffered by the client.
LEGAL REASONS: Law No. 6047 Turkish Commercial Code, Turkish Code of Obligations, Code of Civil Procedure, Attorneyship Law and other relevant legislation
EVIDENCE: Photocopy of the vehicle’s license and policy, Post-accident photos of the vehicles involved and the client’s vehicle, Traffic Accident Detection Report with Material Damage, dated …/…/2021 with ….. Accident Sequence Number, ../../…. Dated Ankara … Warning letter, Auto Service invoices and documents, witnesses, experts, discovery and all other documents.
CONCLUSION AND REQUEST: For all the reasons explained above, without prejudice to our rights of lawsuits and claims regarding surplus;
1- The defendant X Sigorta A.Ş. from his education,
2- We request and submit that it be decided to leave the litigation expenses and attorney’s fees on the other party. 26/11/2021
Applicant Client
A…. B…… Deputy
