Application Petition For Material And Moral Compensation To The Insurance Company
….. INSURANCE COMPANY
………………………………………………… Istanbul Turkey
REQUESTER :A….. B….. (T.C.:…………….)
ADDRESS
REPRESENTATIVE :
ADDRESS
LICENCE PLATE NUMBER :06 …
CAUSE OF ACCIDENT
ISSUING INSURED:C….. D….. (T.C.:……………)
POLICY NO :…………….
LICENCE PLATE NUMBER :06 …
SUBJECT OF THE CLAIM : 06 … licence plate vehicle belonging to the client and your company’s insured C….. D…..’s 06 … licence plate vehicle ../../…. Due to the traffic accident on the date of …/../, it consists of our material and moral compensation claims for the damage suffered by the client.
EXPLANATIONS
Applicant client A….. B….., 06 … number plate …. 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 C….. D…. with the number plate 06 … …. Model …. Brand vehicle, ……………………. Junction with material damage traffic accident.
C….. The vehicle driven and managed by 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, your company’s insured C….. D….’s 06 … licence plate vehicle is fully and primarily at fault.
.
The plaintiff client had no fault in this accident. Client 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).
The policy of the vehicle that caused the accident that caused the client to suffer this damage was issued by your company. 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. Again, according to Article 1429 of the same law, the insurer is obliged to compensate 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.
.
For all these reasons explained, without prejudice to our right to claim and sue due to the accident; As a result of the accident that occurred, we request that the financial compensation due to the client’s health expenses and loss of earnings due to loss of earning due to inability to work and the moral compensation due to the negative factors caused by the accident be calculated and paid to us. We hereby notify you to make payment to the IBAN number specified below within 15 days from the date of notification of the application to you, otherwise we will take legal action.
LEGAL GROUNDS : TCC No. 6047, HMK, Attorneyship Law 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;
As a result of the accident that occurred, financial compensation due to the client’s health expenses and 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 will be calculated and the client’s ….. within 15 days from the notification of this petition to you Bank TR … …. …. …. …. …. …. …. … numbered IBAN account of the client and we request by proxy to eliminate the client’s victimisation. 29.11.2021
REQUESTOR’S REPRESENTATIVE
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