To claim compensation under compulsory traffic insurance after a traffic accident, a written application must be made to the relevant insurer before a lawsuit or insurance arbitration. The application is not merely a notice of the accident: the identity of the applicant, the event, the losses claimed and the documents explaining them are assessed together. The 8 business days provided for payment and the 15 days on which the dispute may be taken to court or arbitration serve different functions. Nor does a short payment always mean that the remaining claim has come to an end. [1–2]
This guide examines applications for compulsory motor third-party liability insurance in Türkiye, in relation to injury, death and vehicle damage. The statements are based on regulations under examination as of October 12, 2026. Because the date of the accident, the date the policy was taken out and the date of the application are not the same, making an application today for an old accident does not mean that all the new rules apply to that file.
To whom, and for which losses, is an insurance application made?
How is the correct insurer and the correct policy identified?
The first step is to identify the traffic policy in force on the date of the accident for the vehicle liable for the event. The company insuring that vehicle today may not be the liable party for a past accident. The plate, the date of the accident, the policy number and, if any, the claim file number should be shown together in the application. In events involving more than one vehicle, liability and insurance relationships are examined separately.
It is not correct in every event to direct the application only to "the insurer of the other vehicle". For example, a claim may also be made against the keeper of the vehicle in which an injured passenger was travelling, and against that keeper's traffic insurer. By contrast, the damage to a vehicle itself is, as a rule, not the subject of that vehicle's traffic insurance; comprehensive cover (kasko) and other liable persons are examined. For uninsured, unidentified or foreign-plated vehicles, the special conditions of routes such as the Guarantee Fund (Güvence Hesabı) and the Turkish Motor Vehicles Bureau (Türkiye Motorlu Taşıt Bürosu) must be investigated. [1–2]
Who may apply, and is a lawyer required?
An injured person applies for his or her own losses; in the event of death, those who have lost support apply for their own rights. A claim for loss of support is not the collection of a share of the inheritance. A certificate of inheritance may show the family relationship, but on its own it does not prove the actual relationship of support or the loss of each applicant. Where children, persons under guardianship or transactions carried out through a representative are concerned, the authority of the representative must be shown separately. [13]
An application does not have to be made through a lawyer. Where a lawyer is engaged, the scope of the power of attorney should be examined, particularly in relation to a subsequent arbitration application and powers to settle or give a release. Identity, health and bank documents should be given only to a verified official application channel. Signing a consultancy agreement does not by itself show that the person is represented by a lawyer. [15–16]
Does traffic insurance pay for all losses?
Under traffic insurance, the loss, the liability, the type of cover and the applicable limit are assessed together. Non-pecuniary damages are outside the scope of compulsory traffic insurance. Indirect losses, such as deprivation of use of a vehicle, and the health-service costs assumed by the Social Security Institution (SGK) also require separate legal assessment. Where a loss exceeds the insurance limit, the need to apply to other liable persons does not disappear. [1–2]
For this reason, writing all the losses into the same petition does not mean that every item will be paid from the same policy. In preparing the application, the questions "who is the rights holder, who is liable, which cover, which document?" should be answered separately for each loss. Comprehensive insurance and voluntary motor liability insurance are also examined within their own contractual and statutory framework; the time limits of traffic insurance cannot be automatically transferred to those products.
How is a written application prepared, and how is its receipt proved?
What information must the application petition contain?
The application should contain the applicant and their representative, contact details, the date and place of the accident, the vehicles concerned, the policy information and a short description of the event. The losses claimed should be stated separately: the cost of repairing the vehicle, diminution in value, temporary or permanent incapacity for work, care expenses within the appropriate scope, or loss of support.
Where the present amount of the claim can be explained, it should be shown with its basis. If the loss is not yet final, the reason should be stated; for example, that treatment is continuing, that a report is awaited or that the income investigation has not been completed. Merely writing "all my rights are reserved" does not replace explaining which loss is claimed from which event. Where a payment has been made, its date, its amount and the loss item to which it relates should also be shown.
At the end of the application, a request may be made for payment and, if no payment will be made, for a reasoned reply and the transmission of the calculation basis. Enclosures should be numbered, and each enclosure listed in the petition should be checked to confirm that it was actually sent. Even if the injury of the same person and the damage to his or her vehicle arise from a single event, the documents and the rights holder may differ.
Which application channel should be used?
The content of the application and the date on which it reached the insurer must be provable together. A notarised notice, a registered letter with acknowledgement of receipt, a hand delivery with a registry number, or electronic methods accepted by the relevant contract and system may be used. In an electronic application, the confirmation of receipt and the content of the attachments must be kept, as well as the transmission screen. [2]
Rather than a screenshot showing only that the application was "sent", the complete copy of the application, the list of enclosures, delivery or receipt information and later correspondence should be kept in one file. Opening a claim file with the company is a useful record, but it should also be possible to see which claim was opened with which documents. A file number alone does not prove that an adequate application has been made for all the loss items.
Applying through Alo 193 and the Joint Damage Notification Centre in 2026
The Joint Damage Notification Centre (OHİM) came into service on September 1, 2026. The system announced by the Insurance Information and Monitoring Centre (SBM) operates through the Alo 193 line, an internet portal and a mobile application. This route does not remove the option of applying directly to insurance companies. [5–6]
Under Circular No. 2026/22, a duly made OHİM application is deemed to have been made to the relevant institution on the date and at the time it was recorded in the SBM database; a technical delay in transmission between institutions may not be used to the detriment of the rights holder. The system gives the application a reference number. The relevant company is expected to contact the applicant within its next business day and to give information about the documents and the examination process. [5]
The applicant should keep the reference number, the record and the documents uploaded. The forwarding of a file by OHİM to an institution does not show that the institution is definitively liable for the loss or that the claim has been accepted. Recording the application in the system and completing the documents needed for payment are separate stages.
For this reason, a general statement that "an application by telephone is never valid" is no longer accurate. However, an ordinary call-centre conversation is not the same as a duly made OHİM record. If a transaction has been carried out through Alo 193, it should be checked for which event and which type of loss the record was created.
What documents are required for an application to the insurer?
The table below is a framework for preparation. For the concrete file, the list in Annex 6 of the applicable General Conditions, the type of claim and any justified request by the insurer for additional documents must be examined together; the same document package is not sufficient for every file. [2–4]
| Type of claim | Principal groups of documents to be prepared | Points to check in particular |
|---|---|---|
| Vehicle damage and diminution in value | Accident record, registration, photographs, repair and loss adjuster's documents, payment information | Damage item, earlier damage, ownership of the vehicle and the provision applicable to the policy |
| Injury | Accident record, treatment papers, a report from an appropriate health board, income and working information | Causal link between the accident and the injury, the legal basis of the report, separation of temporary and permanent losses |
| Death and loss of support | Death and accident documents, family and representation information, income records and records showing the support relationship | Separate claim of each rights holder, actual support and earlier payments |
Health reports and income documents in accidents involving injury
The clinical summary, tests, and surgery and rehabilitation records show the medical course of the event. These do not perform the same function as a health board report evaluating lasting effects. Recovery period, rate of permanent incapacity for work and need for a carer must be kept separate. It is not enough that a report is recent; the legislation applicable to the concrete event, the competent board, the relevant specialisms and the method of assessment are important. [7–8]
On income, payslips, bank transactions, a letter from the employer, Social Security Institution (SGK) records, tax records and information on professional activity may be prepared together. It should be explained what the documents show: income before the accident, wages actually lost, or the ordinary earnings of the profession? In a claim for care, establishing medically the period and scope of need is more decisive than merely naming the person providing the care.
Under the 2026 amendment, temporary and permanent incapacity for work are covered under the disability cover, while temporary and permanent carer expenses are classified under health expenses. Which policy this applies to must also be checked. The classification of cover in earlier years' decisions must not be carried over without modification to all current files. [2–3]
Showing the support relationship in fatal accidents
The deceased's income, the relationship with the rights holders and the way in which support was actually provided should be explained. Facts such as living together, regular remittances of money, payment of shared expenses or the provision of care may be shown with appropriate documents. For each applicant, the start, form and likely continuation of the support relationship are assessed separately.
A single petition for persons in the same family does not mean that the claims have become a single debt. The rights holders, the representation details and the items claimed must not be confused. An expense incurred by a person claiming funeral costs and a claim for loss of support are not the same loss. When a notice of missing documents arrives, it should be made clear which rights holder and which item the deficiency concerns.
How is verified mobile phone information submitted?
Circular No. 2026/13, which entered into force on July 1, 2026, regulates methods of verifying contact information within the scope of Annex 6. Depending on the applicant's situation, an e-Devlet mobile line inquiry printout, a document of line ownership obtained from the operator, or a record in e-Devlet showing verified contact information may be used. [4]
For rights holders who cannot provide verified mobile phone information, the regulation also provides an alternative means of document and declaration. If a mobile line inquiry printout cannot be submitted, a signed declaration that no mobile line is registered in the person's name is provided for. For this reason, the absence of a phone document must not be interpreted, without investigation, as "no right to apply". The contact details of the applicant and of his or her representative must not be confused with each other.
Does an application for vehicle damage also cover diminution in value?
The amendment published on June 12, 2026 and entering into force on July 1, 2026 provides that a claim for vehicle damage includes a claim for diminution in value. Under the relevant provision, assessment is made without a separate application for diminution in value; the insurer must notify the rights holder of the diminution in value determined by the end of the business day after the final loss adjuster's report reaches it. This notification period is not the same as the payment period. [2–3]
However, the application provision in Section C.11 of the General Conditions must not be overlooked: in applying the amendments, contracts concluded after the relevant entry-into-force date are the reference. It should not be concluded merely because the damage application was made after July 2026. First the date of the policy and the text to be applied must be determined.
In practice, stating the repair cost and the diminution in value separately in the petition makes it easier to track which items have been assessed. The automatic assessment rule does not mean that every damaged vehicle will necessarily give rise to compensation for diminution in value; the existence and amount of the loss are examined separately.
The difference between the insurer's payment period and its reply period
Eight business days relate to the insurer's obligation to pay; fifteen days relate to the point at which a dispute may be taken to court or arbitration after the application. Completion of one does not automatically fulfil all the conditions of the other. [1–2]
| Period | Start and condition | Legal function |
|---|---|---|
| 8 business days | Transmission to the insurer of the documents needed for the payment assessment; a justified need for additional documents is assessed separately | The insurer's obligation to pay and the assessment of default |
| 15 days | A duly made written application; whether a final negative reply has been given within the period is assessed separately | Condition of a prior application before a lawsuit or arbitration in traffic insurance |
| 3 months | If the examination has not been completed after notification of the loss and the conditions for an advance have arisen | Advance of at least 50% of the loss determined by agreement or by an expert appointed by the court |
What happens if a rejection arrives before fifteen days have passed?
If the insurer has given a final reply rejecting the claim wholly or partly, it is not necessary to wait for the fifteenth day to pass; the dispute and other conditions of application may be assessed and the route of arbitration or litigation used. By contrast, the message "your file is under examination" is not the same as a reasoned final rejection. When applying to the Commission, a final reply or a record showing that no reply was given within the period must be submitted. [15–16]
The 15 days in traffic insurance are calendar days. They must not be confused with the 15 business days announced by the Commission for other insurance applications. In the calculation of the business-day payment period, by contrast, weekends and public holidays are taken into account; the default date is not determined by counting eight days on the calendar alone.
How does completion of the documents affect the date of default?
The decision of the 4th Civil Chamber of the Court of Cassation dated February 29, 2024, E. 2022/7763, K. 2024/2262, shows the importance of the difference between the date of the first application and the date on which the required documents were completed. In the file, the first application was made on October 9, 2017, and the missing documents were completed on May 16, 2019. The Chamber assessed the insurer's default from May 29, 2019, which is eight business days after completion. [8]
The decision reached the result of reversal on other grounds as well, including the health report and the attorney's fee. The conclusion to be drawn from this is not that the insurer may postpone the time limit indefinitely by requesting any document it wishes. Whether the reason the document is needed is valid, and whether it was submitted earlier, must be examined. For this reason, when preparing the application chronology, it is important to record separately the first petition, each enclosure sent and the date of receipt.
How are the advance and the claim for interest assessed?
The advance provided for examinations not completed within three months is not automatically half of the figure written by the applicant in the petition. The loss must first be determined by the method in Section B.2.5 of the General Conditions. Payment of an advance does not mean the same thing as the final determination of the total compensation and settlement of all claims. [2]
As regards interest, the date of the event is also important. The provision added to Article 55 of the Turkish Code of Obligations by Law No. 7589 provides that interest runs from the event date on the known income period in claims for loss of earning capacity and loss of support, and from the decision date on the unknown period. Because of the transitional provision, this innovation is assessed for unlawful acts after the entry into force on July 31, 2026. The application together of the new rule with insurer default decisions on older files must be examined by reference to the type of claim and the liable person; a single interest starting date cannot be stated for all files. [14]
What should be done if the insurer notifies missing documents?
Does every request for a document restart the payment period?
A request for additional documents must relate to determining the loss and the identity of the rights holder. A request to re-submit a document already included in the application, a request for an irrelevant record, or an attempt by the company to have its own assessment made by the rights holder should be questioned. On the other hand, where the necessary medical or income information is genuinely missing, this may affect the conclusion of the file. [2], [7–8]
The insurer's right of recourse against its own insured is also a relationship separate from the claimant's claim. General Condition B.4 provides that investigation of the grounds for recourse must not delay payment of compensation, and that documents for that investigation must not be requested from the injured party. It should therefore be distinguished whether a request for documents concerns the actual loss of the rights holder or the insurer's relationship with its own insured. [2]
Rather than remaining silent in reply to a missing-document letter, for each request a statement may be made that the document "has been submitted", "will be completed on the following date", "cannot be obtained" or "its necessity is disputed". Where the document has already been sent, its earlier enclosure number and delivery record should be stated. Where a document has not yet come into existence, for example where treatment is continuing, the basis for this should also be explained.
Does a missing health report necessarily invalidate the application?
The decision of the 4th Civil Chamber of the Court of Cassation dated July 3, 2024, E. 2022/10791, K. 2024/6931, examined a procedural dismissal on the ground that no health report conforming to the regulation applicable to the accident existed. For this deficiency, which is capable of being remedied, the Chamber stated that an appropriate period must be granted under Article 115(2) of the Code of Civil Procedure (HMK), and reversed the decision. [7]
The scope of this decision must be read carefully: there is an application and medical documents relating to an accident involving injury; the problem is their adequacy and conformity. The decision does not mean that arbitration can be pursued without any application, or that all procedural conditions will be satisfied by an empty notice. Moreover, the possibility of remedying a procedural deficiency later does not in itself show that the insurer was in default at an earlier date.
In legal writing, a different approach also exists. Efe Dırenisa, in a 2023 study, takes a critical view of having a deficiency in the prior written application remedied by the court setting a period, and separately considers the possibility of its remedy on its own. This view should not be equated with the Court of Cassation's concrete decision on the deficiency of a report. The safe practice is to prepare the application and the necessary documents with care at the outset, and not to treat the possibility of completion later as a guaranteed matter. [12]
If the insurer makes a short payment, can the remaining compensation be claimed?
The calculation and the basis of payment must first be examined
A deposit of an amount into a bank account does not explain for which item it was made and on what assumptions it was calculated. In assessing a short payment, the insurer should be asked for the calculation report, the rate of fault adopted, the income, the health report, the policy limit and the deductions made. The objection "the payment was too low" should be converted, as far as possible, into concrete differences in calculation.
For example, a low amount for a permanent incapacity for work payment may arise from the acceptance of income, the rate used, the assessment of fault, the periods, or the way an earlier payment was processed. In the case of vehicle damage, the method of repair, the cost of parts and labour, the market value or the record of earlier damage may be disputed. Each of these requires different documents.
A remaining claim cannot be recalculated as the whole loss by ignoring an earlier insurance payment. However, the method of set-off must be determined by the date of the event. Under the new Article 55 of the Turkish Code of Obligations introduced by Law No. 7589, payments made before investigation begins are set off in proportion to the loss at the date of payment; because of the transitional rule, this does not apply automatically to older accidents. [14]
Does the receipt of an earlier payment prevent a claim for the balance?
The decision of the 4th Civil Chamber of the Court of Cassation dated May 26, 2025, E. 2024/1670, K. 2025/8528, concerns an injury dispute in which a claim for the balance of compensation was brought after an earlier payment. The insurer argued that a higher rate of disability had been used in the earlier payment. Nevertheless, as a result of the examination of the calculation and payment in the file, the decision awarding the balance of compensation was affirmed. [9]
The practical consequence of the decision is that it cannot be concluded that a payment is adequate merely by comparing disability rates. Income, method, period and date of payment must also be assessed. The decision does not mean that every additional claim will be accepted; in a concrete file, the insurance limit, fault, loss, payment and the content of any agreement are important. Moreover, the classification of cover and the method of calculation of a decision on an earlier period cannot be applied to all current accidents independently of subsequent legislative changes.
If a release has been signed, what distinction should be made?
A payment receipt, a document of partial payment, a settlement agreement and a release recording the abandonment of all claims are not the same transaction. Articles 111 of the KTK separately regulate agreements which remove or narrow liability and agreements relating to the amount of compensation. The two-year right of annulment provided for agreements in which the amount is clearly inadequate or excessive must not be read as meaning that every document is automatically void. [1]
Attention is required in relation to comprehensive insurance. In the decision of the 4th Civil Chamber of the Court of Cassation dated May 7, 2024, E. 2022/1836, K. 2024/4273, it was held that Article 111 of the KTK could not apply to an agreement made on a comprehensive insurance payment, and, considering that the conditions alleged under Article 28 of the Turkish Code of Obligations were also not met, the rejection decision was affirmed. [10]
This decision does not state that no comprehensive insurance agreement can be challenged. It shows that an objection must rest on the correct legal ground and its proof. Traffic insurance, comprehensive insurance and agreements with other liable persons should be read separately. The reservation "my rights are reserved" may be useful; but it is not a formula that in every case removes the consequences of a comprehensive settlement that has been signed.
If no reply is given or the claim is rejected, is the route arbitration or litigation?
Preparing an application to the Insurance Arbitration Commission
When the conditions for application and reply are met, the Insurance Arbitration Commission may be considered. For compulsory insurance, in relation to disputes after April 18, 2013 announced by the Commission, a special regime exists under which membership of the system by the insurer is not required. If the same dispute has been brought before a court or the other bodies specified, this may affect the arbitration application; the same claim must not be pursued haphazardly in two places. [15]
The file should contain the application made to the insurer, the record of delivery, the reply or the record of no reply, the identity documents, the documents supporting the claim and the record of the required fee. In an electronic application, the form generated by the system and the physical application bearing a wet signature are separate. In an application made through a lawyer, the special authority required for arbitration is checked. Because application fees and monetary limits of appeal may change, the Commission's current announcements should be checked on the date of the proceedings. [16]
Are an insurance application and mediation the same procedure?
The decision of the 4th Civil Chamber of the Court of Cassation dated May 8, 2024, E. 2023/12689, K. 2024/4378, considers a claim for diminution in value directed against the traffic insurer and the keeper. The Chamber assessed, with regard to the purpose of Article 97 of the KTK, the fact that the insurer learned of the event and the claim during the voluntary mediation process before the action; it also adopted the view that no additional compulsory mediation condition is required in this traffic insurance dispute. It stated that, so far as the keeper is concerned, the requirement of prior application to the insurer under Article 97 of the KTK cannot apply. [11]
The outcome of the decision is a reversal in the interest of the law; it should not be presented as an ordinary reversal that removes the legal consequences of the concrete judgment. It cannot be concluded from the decision that every final minute of mediation replaces an insurance application in every case. What matters is which claim and documents reached the insurer. The same assessment must not be automatically carried over to comprehensive insurance, to a carriage relationship or to different commercial claims.
What further matters are examined on the litigation route?
The fact that an application has been made to the insurer does not resolve other procedural issues such as subject-matter jurisdiction, territorial jurisdiction, standing as a party, the scope of the claim and court fees. In an action directed at several liable persons, the preliminary process required for each defendant is assessed separately. The choice between arbitration and litigation must not be made merely on the basis of expected speed; the scope of the claim, the other defendants, the need for proof and the costs must be taken into account.
The 2026 amendments have also affected the choice of type of action. Law No. 7589 repealed Article 107 of the Code of Civil Procedure and introduced a new provision on increasing the claim in a partial action. There is a transitional rule for actions pending on the date of entry into force. For this reason, the statement in older internet examples that "an action for an uncertain claim is always brought" cannot be carried directly into a current petition. [14]
Does an application to the insurer suspend the statute of limitations?
Sending a petition to the insurer does not justify acting on the assumption that limitation has been interrupted. Under Article 109 of the KTK, the two-year period runs from the time the loss and the liable person are learned of; there is a ten-year period from the event; and, for losses arising from a crime, a longer criminal limitation period may be possible. These are assessed according to the concrete event. There is no single eight- or fifteen-year period for every traffic accident. [1]
Article 154 of the Code of Obligations regulates grounds of interruption, such as acknowledgment of the debt and recourse to action, arbitration or enforcement. The acknowledgment nature and scope of a partial payment by the insurer must be assessed separately. Keeping a file open, continuing negotiations or receiving the message "under review" must not be accepted by itself as a guarantee of time. [13]
The date of the OHİM record is important for determining when the application was made, but it does not automatically remove all limitation problems. Likewise, the two-year period for annulment of an agreement under Article 111 of the KTK and the limitation period for the claim to compensation are different matters. Where the period is approaching, the right-preserving route should be assessed together with the procedural requirements, rather than simply waiting for the insurer's reply.
How should the file be tracked after the application?
Tracking an application is not limited to noting telephone calls. Preparing a short schedule of actions for the file makes both missing documents and the question of time visible:
- Initial record: The petition, the losses claimed, the list of enclosures and the date of delivery are kept together. If OHİM has been used, the reference number is added.
- Completion of documents: For each new document, the date of sending and of receipt is recorded. The request items in the missing-document letter that have been met are explained.
- Assessment: The insurer's reasons on fault, income, health report, cover or calculation are separated under headings. Objections are prepared so as to answer those reasons.
- Payment: The bank record is matched with the payment explanation. If there is a receipt, a release or a settlement text, its scope is examined before signing.
- Next route: The final reply, the absence of reply, the remaining loss and limitation are assessed together, and the arbitration or litigation file is prepared.
This arrangement does not make an unfounded claim well-founded; but it shows the information relied on at each stage. In particular, it makes easier the examination of defences such as "no document was ever received", "it was not claimed" or "the file was closed by payment".
Conclusion
For an application to the insurer after a traffic accident to be effective, the correct company must be identified, each loss item must be explained and proof that the documents were received must be kept. The payment period, the reply period and limitation should be monitored in the same schedule, and each should be assessed on its own start date and conditions.
A notice of missing documents does not always mean loss of rights, and receiving a payment does not always mean that the file is definitively closed. On the other hand, it must not be relied on that a deficiency in the application can later be remedied, or that every release is invalid. The correct course is to determine the concrete dispute by examining together the date of the policy and of the event, the current regulations, the calculation report and the content of any agreement.
Frequently Asked Questions
Can I bring an action directly without applying to the insurer?
For a claim for compensation directed at a traffic insurer, the condition of a prior written application under Article 97 of the KTK is taken into account. Claims directed at the keeper or driver are not identical to that condition; each defendant and each legal relationship is assessed separately.
Does the insurer pay within 8 business days or within 15 days?
Eight business days is the payment period linked to the documents required. Fifteen days relates to the reply process before a lawsuit or arbitration in traffic insurance. These two periods are different; the fifteen days do not amount to a payment guarantee.
Can an application be made through Alo 193?
Yes. Since September 1, 2026, OHİM has provided services through Alo 193 and digital channels. The reference number and content of a duly made record should be kept. The creation of the record does not mean that the loss has been accepted or that all payment documents have been completed.
If the health report is missing, is the right to compensation entirely lost?
Not every deficiency has the same result. In the Court of Cassation's decision of July 3, 2024, a deficiency in the appropriate report was accepted as capable of being remedied. This approach is not the same as making no application at all or relying on the insurer's retrospective default.
If I have applied for vehicle damage, should I separately claim diminution in value?
In policies to which the amendment that entered into force on July 1, 2026 applies, a claim for damage includes a claim for diminution in value. The applicable text of the policy must be checked first. Stating both items clearly in the petition makes tracking easier.
After the insurer has paid, can I claim the remaining amount?
If the payment is found to be short, a claim for the balance may arise. First the total loss, the set-off of the earlier payment, the limit, the time limits and any settlement or release are examined. The mere fact that a payment has been received does not in every case extinguish the remaining right.
I have signed a release; can I no longer make any application?
The content of the document and the type of insurance applied are decisive. Under traffic insurance, the conditions of Article 111 of the KTK; under comprehensive insurance agreements, other appropriate legal grounds, are examined. Not every signature is a definitive loss of rights, and not every release is automatically invalid.
Does the limitation period run while correspondence with the insurer continues?
The continuation of correspondence does not by itself establish that the period has been suspended or interrupted. The grounds for interruption and the specific dates must be examined separately. Statutory periods must not be postponed on the basis of the insurer's statement that "the file is open".
Sources and legal bases
[1] Law No. 2918, Road Traffic Law (Karayolları Trafik Kanunu), in particular Arts. 85, 92, 97–100, 109 and 111. Text of the law — Insurance Association of Türkiye.
[2] General Conditions of Compulsory Motor Third-Party Liability Insurance (Karayolları Motorlu Araçlar Zorunlu Mali Sorumluluk Sigortası Genel Şartları), Sections A.5–A.6, B.2, B.4, C.5, C.7 and C.11. Consolidated text — Insurance Association of Türkiye.
[3] SEDDK (Insurance and Private Pension Regulation and Supervision Agency), General Conditions Amendment Regulation (Genel Şartlarda Değişiklik Yapılmasına Dair Genel Şartlar), Official Gazette June 12, 2026, No. 33278; entry into force July 1, 2026. Official Gazette copy — Eskişehir Chamber of Commerce; SEDDK announcement.
[4] SEDDK, Circular on the Submission of Contact Numbers of Rights Holders (Hak Sahiplerinin İletişim Numaralarının Sunulmasına İlişkin Genelge), June 17, 2026, 2026/13, Arts. 3–4. Circular.
[5] SEDDK, Circular No. 2026/22 of July 22, 2026 on the Joint Damage Notification Centre. Circular.
[6] Insurance Information and Monitoring Centre (Sigorta Bilgi ve Gözetim Merkezi), Alo 193 Joint Damage Notification Centre (OHİM). Institutional announcement.
[7] Court of Cassation, 4th Civil Chamber, July 3, 2024, E. 2022/10791, K. 2024/6931. Text of the decision.
[8] Court of Cassation, 4th Civil Chamber, February 29, 2024, E. 2022/7763, K. 2024/2262. Text of the decision.
[9] Court of Cassation, 4th Civil Chamber, May 26, 2025, E. 2024/1670, K. 2025/8528. Text of the decision.
[10] Court of Cassation, 4th Civil Chamber, May 7, 2024, E. 2022/1836, K. 2024/4273. Text of the decision.
[11] Court of Cassation, 4th Civil Chamber, May 8, 2024, E. 2023/12689, K. 2024/4378. Text of the decision.
[12] Efe Dırenisa, "Evaluation of the Requirement of a Written Application Before Filing an Action Against the Insurer (Article 97 KTK) from the Perspective of Civil Procedure Law" (Sigortacıya Dava Açmadan Önce Yazılı Başvuruda Bulunulması Zorunluluğunun (KTK m. 97) Medenî Usûl Hukuku Yönüyle Değerlendirilmesi), İstanbul Hukuk Mecmuası, 81(3), 2023, pp. 645–673; in particular pp. 653, 661, 668–670. DOI: 10.26650/mecmua.2023.81.3.0004. Article.
[13] Law No. 6098, Turkish Code of Obligations, in particular Arts. 28, 53–54 and 154–156. Text of the law — Insurance Association of Türkiye.
[14] Law No. 7589, in particular Arts. 18–20, Provisional Arts. 1/9–10 and Art. 26; Official Gazette July 31, 2026, No. 33326. TBMM text of the law; TBMM publication record.
[15] Insurance Arbitration Commission (Sigorta Tahkim Komisyonu), How Is an Application Made? Official application guide.
[16] Insurance Arbitration Commission, Documents to Be Submitted with an Application (Başvuru Sırasında İstenecek Belgeler). Official list of documents.