Comprehensive insurance is one of the most commonly used methods to compensate for financial losses after traffic accidents. However, in some cases, the insurance company may refrain from paying thedamage even though it is covered by the insurance. While such situations victimizes the vehicle owner, they can also initiate a serious legal process between the insurance company and the vehicle owner.
So, what should be done if the motor insurance does not pay for the damage? What rights do you have?
What is Comprehensive Motor Insurance and What Does It Cover?
Comprehensive insurance is a special type of insurance that provides financial protection for your vehicle against accidents, theft, fire, flood, natural disasters or damage by third parties. In addition to the basic coverage, the scope can be expanded with clauses added to the policy.
In general, motor insurance covers the following situations:
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Damages caused by traffic accidents,
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Theft or attempted theft of a vehicle,
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Damages as a result of fire and explosion,
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Natural disasters (earthquake, flood, hail, etc.),
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Damage to the vehicle by third parties (hitting while parked, etc.).
However, this coverage may vary depending on the policy details. For this reason, it is of great importance that each vehicle owner carefully examines their policy.
What are the reasons if the insurance company does not pay the damage compensation?
The insurance company’s reasons for non-payment are often grouped under the following headings:
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Policy Exclusions
Some damages may be excluded from the policy. For example, situations such as the driver being drunk or driving without a license are excluded from coverage. -
Incomplete or Misleading Statement
Incorrect or incomplete information provided during the insurance application may invalidate the policy. -
Late Notification ofDamage
Damage notification must be made within a certain period of time afterthe accident. This period is usually 5 working days. If the deadline is exceeded , the insurance company may not pay. -
Missing Documents or Incomplete Expertise Reports
The payment process can be blocked if the documents required for the determination of the damage are not submitted or if the expert report is missing.
In these cases, you have legal rights against the insurance company’s rejection. At this point, we provide effective support to our clients both in negotiations with insurance companies and in litigation processes.
What to Do When Comprehensive Damage is Not Paid?
If the claim is not paid, you can claim your rights by following the steps below:
Prepare an Appeal Petition
You can appeal against the insurance company’s rejection in writing. It is important that you request a re-evaluation by clearly stating the reasons.
Apply to the Insurance Arbitration Commission
If the outcome of the appeal is unfavorable, you can apply to theInsurance Arbitration Commission. The decision process here is much faster than in court (usually within 4-6 months ).
File a lawsuit with the Consumer Court
If you have not been able to get results through arbitration or if you want to go directly to court, you can file a lawsuit with the Consumer Court. With a comprehensive file and expert support, the outcome is often in favor of the vehicle owner.
Things to Consider
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When renewing your policy each year, read the coverage and exclusions carefully.
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After the accident , make sure to file a report and collect the necessary evidence such as photos and videos.
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Submit your claim notification in time and in full.
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Keep all written documents from the insurance company.
A small mistake in all these processes can lead to huge financial losses. For this reason, we recommend that you seek professional support before the legal process begins.
Comprehensive insurance is a means of assurance for you. However, not being able to use this assurance can cause serious victimization. If the insurance company does not pay, it is your natural right to exhaust legal remedies before accepting this situation.
Contact Us
AsAttorney Atakan Ayhan, we provide professional services to our clients in legal counseling, arbitration and litigation processes regarding insurance-related disputes.
If you are experiencing problems arising from motor insurance and cannot reach the compensation you are entitled to, we can evaluate your legal rights together.
You can contact us for detailed information and legal support oninsurance disputes.
