Compensation Lawsuit Petition For Traffic Accident Resulting In Injury
ANKARA COURT OF FIRST INSTANCE ON DUTY ( )
REQUESTER
DEFENDANT :A….. B….. (T.C.:…………….)
ADDRESS
LICENCE PLATE NUMBER :06 …
REPRESENTATIVE :
ADDRESS
DEFENDANTS :1-CAUSE OF ACCIDENT
ISSUING DRIVER :C….. D….. (T.C.:……………)
2-VEHICLE OWNER :E…. D… (T.C.:…………)
LICENCE PLATE NO:06 …
POLICY NO:…
3- X Sigorta A.Ş.
Fee Basis: … TL pecuniary compensation and … TL non-pecuniary compensation
SUBJECT OF THE CLAIM :
06 … plate vehicle belonging to the client and 06 … plate vehicle belonging to the defendant E… D… and the other defendant C…. D…. was under the control of the other defendant C…. D…., ../../…. It consists of our material and moral compensation claims for the damage suffered by the client due to the injury of the client as a result of the traffic accident he was involved in on the date.
EXPLANATIONS
Plaintiff client A….. B….., …. with the licence plate number 06 … Vehicle (copy of the licence plate is attached to the petition as Annex 1) and ../../…. While travelling towards Ostim from the direction of Batıkent on the date of …/…/….., your company’s insured E….. D…. with the number plate 06 … …. Model …. Brand vehicle and the other defendant C….. D… while under the control of the other defendant C………. D…, ………. Junction, while under the control of the other defendant C D…..
C….. The vehicle driven and managed by C…. D…. could not stop by violating the speed limit rules of the location where the accident occurred and hit the vehicle driven and managed by the client at high speed, causing the client to hit the vehicle in front and thus a chain traffic accident with injury occurred.
As a result of the incident, a Traffic Accident Report (Annex-2) was kept. According to the defect report (tramer) issued in accordance with this report, the defendant C….. D….’s 06 … licence plate vehicle is fully and primarily at fault.
The plaintiff client has no fault in this accident. Plaintiff was trapped in the vehicle and his right leg was broken. The plaintiff had to undergo surgery and then physiotherapy. The client had to cover the hospital and treatment expenses out of his own pocket. Invoices and documents regarding these expenses are attached to this petition (Annex 3).
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The policy of the vehicle that caused the accident that caused the client to suffer this damage was issued by the defendant X Sigorta A.Ş. In accordance with the General Terms and Conditions of Compulsory Financial Liability Insurance, the insurer is jointly and severally liable for the material and bodily damages caused by its insured to third parties, provided that they remain within the coverage limits.
The client could not work during the treatment process; he became temporarily incapacitated. In addition, since the loss of value of the client’s vehicle as a result of the accident also constitutes a material damage item in economic terms, the insurance company should directly compensate for these damages. According to Article 1429 of the same law, the insurer is obliged to indemnify the damages arising from the negligence of the insured, the insured, the beneficiary and the persons for whose acts they are legally responsible, unless otherwise agreed.
Although, for this reason, the defendant insurance company has been notified …/…/…. Although the defendant insurance company has requested material and moral compensation with the dated notice; the defendant insurance company has left these demands of the client unanswered. For this reason, we have resorted to litigation.
For all these reasons explained, without prejudice to our right regarding the excess to be determined after the determinations to be made by your court due to the accident; As a result of the accident that occurred, we demand that the client’s health expenses and financial compensation due to the loss of earnings due to loss of earning due to inability to work and moral compensation due to the negative factors caused by the accident be calculated and paid to us.
LEGAL GROUNDS :
6047 numbered TCC, CPL, Law on Lawyers and other relevant legislation
EVIDENCE :
Photocopy of the vehicle licence, ….. dated …/…/2021 Traffic Accident Detection Report with Accident Sequence Number, Invoices and documents related to treatment expenses, witnesses, experts and all other evidence
CONCLUSION AND DEMAND :
For all the reasons explained above; without prejudice to our rights to sue and claim for more;
1- As a result of the accident that occurred, the client’s hospital treatment expenses and loss of earnings due to inability to work and the damage and loss of value of the vehicle … TL for the time being … To collect our financial compensation claim from the defendants with legal interest,
2-The collection of … TL non-pecuniary damages from the defendants for the time being from the amount to be determined at the end of the trial in order to reduce the sadness and distress experienced by the client due to the negative factors caused by the accident,
3- We request by proxy that the judicial expenses and attorney’s fee be decided to be left on the defendants. 02.12.2021
REPRESENTATIVE OF THE PLAINTIFF A… B…
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