Application Petition To The Insurance Company For Traffic Accident Resulting In Death
SAMPLE PETITION-
….. INSURANCE COMPANY
………………………………………………… Istanbul Turkey
REQUESTER :A….. B….. (T.C.:…………….)
ADDRESS
REPRESENTATIVE :
ADDRESS
MURİS :E…. B…. (T.C.:…………….)
LICENCE PLATE NUMBER :06 …
CAUSE OF ACCIDENT
ISSUING INSURED:C….. D….. (T.C.:……………)
POLICY NO :…………….
LICENCE PLATE NUMBER :06 …
SUBJECT OF THE REQUEST : 06 … licence plate vehicle belonging to the deceased and your company’s insured C….. D…..’s 06 … licence plate vehicle ../../…. As a result of the traffic accident in which E… B… lost his life as a result of the traffic accident on the date of …/…/, it consists of our material and moral compensation claims for the damage suffered by the client, who is the heir.
EXPLANATIONS
Muris E….. B….., …. with 06 … licence plate number …. Vehicle (copy of the licence plate is attached to the petition as Annex-1) with ../../…. While travelling towards Ostim from the direction of Batıkent on the date of …/../….., the property of your company’s insured C….. D…. with the number plate 06 … …. Model …. Brand vehicle, ……………………. Intersection, he was involved in a 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 speed, causing the client to hit the vehicle in front and thus a chain traffic accident occurred. E….. B….. was trapped in the vehicle; he was taken out of the vehicle by the paramedics who arrived at the scene of the incident and was transferred to the hospital by ambulance. Despite all interventions at the hospital, E… B… could not be saved.
.
As a result of the incident, a Traffic Accident Detection Report (Annex-2) was kept with the police teams arriving at the scene. 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 deceased has no fault in this accident.
As it can be understood from the certificate of inheritance (Annex-3) that we have attached to the petition, the client is the sole heir of the deceased. In this way, the client had to cover the hospital and burial expenses of the deceased (the identity information of the deceased is presented in the annex of the petition Annex-4) out of his own pocket. Invoices and documents regarding these expenses are attached to this petition (Annex 5).
However, the client was not working and the client’s father, the muris E… B…. was providing the client’s livelihood. With the death of the deceased, the client was deprived of the financial support provided by the deceased. In addition to the sadness and grief he experienced with the death of his father, he also fell into financial difficulties in this way.
.
The policy of the vehicle that caused the accident in which the client lost his father and caused material damage (policy information is attached as Annex 6) was issued by your company. Pursuant to 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. Since the client is deprived of the support of the deceased, hospital treatment expenses of the deceased, burial expenses, damage to the vehicle and loss of value, each of which constitutes a material damage item, these damages should be directly compensated by the insurance company.
According to Article 1429 of the same law (TCC), 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.
For all these reasons explained, without prejudice to our right to claim and sue due to the accident; We request that the support deprived by the client as a result of the accident, the hospital treatment expenses and burial expenses of the deceased, and the material compensation due to the damage and loss of value of the vehicle, and the calculation and payment of moral compensation in order to reduce the sadness and distress experienced by the client due to the negative factors caused by the accident. As of the date of notification of the application to you, we urgently request you to make a payment to the IBAN number below, otherwise we warn you that we will take legal action.
LEGAL GROUNDS :
Law No. 6047, CPL, CCP, Law of Attorneys and other relevant legislation
EVIDENCE :
Photocopy of the vehicle licence, ….. dated …/…/2021 Traffic Accident Detection Report with Accident Sequence Number, Decree of Inheritance, Identity information of the deceased, Invoices and documents regarding hospital and burial expenses, Policy information of the vehicle insured by your company and all other evidence
CONCLUSION AND DEMAND :
For all the reasons explained above; without prejudice to our rights to sue and claim for more;
The support deprived by the client as a result of the accident, hospital treatment expenses and burial expenses of the deceased, material compensation due to the damage and loss of value of the vehicle and the negative factors caused by the accident in order to reduce the sadness and pain experienced by the client due to the negative factors caused by the accident ….. Bank TR … …. …. …. …. …. …. …. … numbered IBAN account of the client and we request by proxy to eliminate the client’s victimisation. 30.11.2021
REQUESTOR’S REPRESENTATIVE
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