Petition For Damage Assessment
HOW TO FILE A DAMAGE EVIDENTIAL DEBT DETERMINATION CASE?
Filing a lawsuit for discovery of evidence allows the determination of the material basis of the case. For this reason, it is one of the legal processes of great importance. It is especially important in real estate and immovable legal files. Incorrect filing of the lawsuit;
Rejection of the claim,
The loss of legal rights due to incomplete determinations,
It may cause you to be in an unfair situation while you are right.
For these reasons, it would be the most logical and beneficial to work with a lawyer who is an expert in the field in such a case. For the answer to the question of how to open a damage evidence debt determination case, it is absolutely necessary to apply to a lawyer who is an expert in his field. In this way, the process will proceed in a much healthier and correct way.
DAMAGE ASSESSMENT PETITION SAMPLE
………. TO THE JUDGE OF THE CIVIL COURT
REQUEST FOR DETERMINATION
FOUND :
ID NUMBER :
ADDRESS :
LEGAL REPRESENTATIVE :
(Legal representatives of the parties, if any)
ADDRESS :
(Legal representatives of the parties, if any)
AGAINST PARTY :
ADDRESS :
SUBJECT : Our client’s vehicle ../../../…. It consists of our request for the determination of the damage caused by the traffic accident that occurred on the date.
EXPLANATIONS :
1-) Our client … … with … model passenger car with … license plate … on ../../…. On the date of …, while traveling on … Boulevard, he stopped at a red light. While waiting at the red light with his vehicle, the vehicle with the license plate …, which violated the red light, hit the vehicle in which our client was in from behind and a traffic accident with material damage occurred. Our witnesses are ready to be heard during the case (Annex 1)
2-) Our client and the owner of the other vehicle issued a traffic accident report with material damage in duplicate. (ANNEX 2) Our client’s vehicle is insured with Casco insurance from … Insurance Company. (ANNEX 3) Our client, who suffered material damage to his vehicle, left his car at the … Authorized Service and had it repaired, (ANNEX 4) and notified the … Insurance Company in writing within 5 (five) days after the damage occurred and requested compensation for the damage. (ANNEX 5)
3-) Despite the written statement submitted by our client to the … Insurance Company, the traffic accident report and the repair invoice received from the … Authorized Service, the insurance company paid our client only … TL. for the repair of the vehicle. (ANNEX 6) The amount paid by the Insurance Company is not enough to cover the damage to the vehicle. Our client has been victimized by the … Insurance Company for the repair of the damage to his vehicle despite paying his premiums in full and on time. (ANNEX 7)
4-) We have been obliged to file this lawsuit in order to determine the damage to the vehicle before the compensation lawsuit we will file on behalf of our client for the payment of the missing amount to the insurance company.
LEGAL GROUNDS : 6100 S. K. Art. 106, 400, 6098 S. K. Art. 50, 2918 S. K. Art. 85, Circular Regarding the Accident Detection Reports to be Completed by the Parties in Traffic Accidents Resulting in Material Damage Only, General Conditions of Land Vehicles Comprehensive Motor Insurance
LEGAL EVIDENCE :
1-) Witness list showing the names and addresses of the witnesses and the subjects they will testify.
2-) Traffic accident report dated …/…/…/… with material damage.
3-) Kasko insurance certificate of the vehicle.
4-) Sample invoice received from … Authorized Service.
5-) Our client’s written statement to the … Insurance Company for the compensation of the damage.
6-) Document showing that the insurance company paid our client … TL. for the repair of the vehicle.
7-) Schedule showing that our client paid the premiums in full and on time.
😎 Expert Examination.
CONCLUSION AND REQUEST : For the reasons explained above, we respectfully request on behalf of our client that the damage to the vehicle be determined before the compensation lawsuit we will file for the collection of the missing amount in the repair of our client’s vehicle from the … Insurance Company, and that the trial expenses and attorney’s fees be charged to the other party. ../../….
ANNEX:
1-) Witness list showing the names and addresses of the witnesses and the subjects they will testify.
2-) Traffic accident report with material damage.
3-) Kasko insurance certificate of the vehicle.
4-) Sample invoice from … Authorized Service.
5-) Our client’s written statement to the … Insurance Company for the compensation of his damages.
6-) Document showing that the insurance company paid our client … TL. for the repair of the vehicle.
7-) Schedule showing that our client has paid the premiums in full and on time.
😎 One approved power of attorney sample.
Representative of the Request for Determination
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