Petition For Application To Vehicle Value Loss Insurance Arbitration Commission
-SAMPLE PETITION-
TO THE CHAIRMAN OF THE INSURANCE ARBITRATION COMMITTEE
APPLICATION
FOUND :A….. B….. (T.C.:…………)
ADDRESS
REPRESENTATIVE :
ADDRESS
AGAINST
APPLICATION MADE
INSURANCE COMPANY X SİGORTA A.Ş.
APPLICATION SUBJECT:../../…. It is about our request for compensation for the material damage of TL 000,00 for the time being, which the client has suffered due to the traffic accident that occurred on the date.
EXPLANATIONS
Applicant client A….. B….., 06 … number plate …. 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 insured of the defendant insurance company, owned by C….. D…. owned by C…. D…., the insured of the defendant insurance company, 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 accident occurred.
As a result of the incident, a Traffic Accident Report with material damage (Annex-2) was kept between the parties. According to the defect report (tramer) issued in accordance with this report, C….. D….’s 06 … licence plate vehicle is fully at fault. C….. D…. caused the accident in question by violating Articles 52/1-a and b of the Highway Traffic Law No. 2918. As it is fixed with the report, C….. D…. is the main defendant in the accident and the client has no fault in this accident.
.
Due to this accident, the vehicle with the licence plate number 06 … belonging to the client has suffered major damages. The vehicle has suffered a great loss of value. The client’s unusable vehicle …….. …. located at Ostim Yenimahalle Ankara Auto Service in Ostim Yenahahalle Ankara for a period of … and was repaired there (invoice and documents attached as Annex-4). Repair and repair of the vehicle was covered by the defendant X Sigorta A.Ş.
The Client was unable to use the vehicle during this period of time, which caused difficulties in his work and private life. In addition, there is a great loss of value in the vehicle. The damage suffered by the client is still continuing to increase. As it is fixed by the procedure, law and the established jurisprudence of the Court of Cassation, the defendant insurance company is obliged to pay the amount of loss of value incurred by the plaintiff client.
../../…. With the notice (Annex-3) sent from Ankara … Notary Public dated …/./, it was requested from X Insurance Company to compensate the damage incurred by the client. However, the defendant insurance company left the application unanswered and did not make any payment.
For the reasons explained above, it has become necessary to make this application for the determination of the amount of damage suffered by the client.
LEGAL GROUNDS : TCC No. 6047, TCC, TCO, CPC, HMK, Attorneyship Law and other relevant legislation
EVIDENCE :
Photocopy of the vehicle’s licence and policy, Photographs of the vehicles involved and the client’s vehicle after the accident, ….. dated …/…/2021 Accident Sequence Numbered Material Damage Traffic Accident Report, ../../…. Dated notice sent from Ankara … Notary Public, Auto Service invoices and documents, witnesses, experts, discovery and all other evidence
CONCLUSION AND DEMAND:
For all the reasons explained above, without prejudice to our rights to further action and claim;
1-Collection of the loss of value of the vehicle belonging to the client in the amount of TL 000,00 from the defendant X Sigorta A.Ş. with interest,
2- We request and demand that the judicial expenses and attorney’s fee be decided to be left on the other party. 26/11/2021
Applicant Client
A…. B…… Acting
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