Critical ruling from the Turkish Court of Cassation on insurance disputes: Which court will have subject-matter jurisdiction?
This article provides general information. Legislation, time limits and amounts may change over time; obtain an up-to-date assessment of your specific situation.
Av. Gizem Gonce
Lawyer Gizem Gonce commented: “Not every insurance case is heard by a consumer court; the nature of the dispute and the parties’ legal status are decisive.”
The Turkish Court of Cassation’s ruling on the court with subject-matter jurisdiction over insurance disputes has brought an important issue into focus for individuals experiencing legal problems with insurance companies.
In a case brought by an individual seeking the deletion of an entry allegedly made concerning their vehicle in the Insurance Fraud Information Sharing System (SİSBİS) on grounds of suspected insurance fraud, the consumer court was considered to have subject-matter jurisdiction. The 4th Civil Chamber of the Turkish Court of Cassation issued a reversal in the interests of the law on the grounds that the consumer court should have subject-matter jurisdiction over the dispute.
The ruling has once again raised the question of which court an insurance case should be brought before. However, it would not be legally correct to interpret the ruling as meaning that all insurance cases must be heard by consumer courts.
Under the Law on Consumer Protection No. 6502, consumer courts may have subject-matter jurisdiction over disputes arising from consumer transactions. By contrast, the court with subject-matter jurisdiction must be assessed separately for insurance transactions undertaken for commercial purposes and for different legal relationships.
Lawyer Gizem Gonce emphasizes that correctly identifying the court with subject-matter jurisdiction is critical to ensuring that proceedings are conducted in accordance with procedural rules, and draws attention to the need for individuals to assess the nature of the insurance relationship and their legal status before filing a lawsuit.
LEGAL INTERVIEW WITH LAWYER GIZEM GONCE
Question 1: Why is this ruling by the Turkish Court of Cassation important?
Lawyer Gizem Gonce: The significance of the ruling is that it shows that, in disputes with insurance companies, not only the substance of the claim but also the type of court before which the case must be heard is decisive. The legal status under which an individual acts against an insurance company and the relationship from which the dispute arises are important in determining the court with subject-matter jurisdiction.
In the specific case, the issue arises from a request to delete a SİSBİS entry concerning a vehicle. Therefore, the ruling should be assessed primarily in light of the particular features of the dispute, rather than as a general rule covering all types of proceedings in insurance law.
Question 2: Will all insurance cases now be heard by consumer courts?
Lawyer Gizem Gonce: No. It would not be correct to make such a generalization. When determining the court with subject-matter jurisdiction over disputes arising from insurance contracts, it is necessary to examine whether the parties are consumers or merchants, the purpose for which the insurance was taken out, and the nature of the dispute.
An insurance transaction entered into by an individual for purposes unrelated to their commercial or professional activities may qualify as a consumer transaction. By contrast, different rules on subject-matter jurisdiction may apply to insurance disputes connected with a commercial enterprise. Each case must be assessed in its own circumstances.
Question 3: What is the difference between subject-matter jurisdiction and territorial jurisdiction?
Lawyer Gizem Gonce: These two concepts are frequently confused. Subject-matter jurisdiction determines which type of court will hear the dispute. For example, the issue in a particular case may be whether a consumer court or a commercial court of first instance has subject-matter jurisdiction.
Territorial jurisdiction, on the other hand, concerns the geographical location in which a lawsuit may be brought. For example, the question of whether a court in Istanbul or a court in another city may hear the case is a matter of territorial jurisdiction.
This distinction is important because identifying the correct type of court and identifying the correct judicial district require different legal assessments.
Question 4: What happens if an insurance case is brought before the wrong court?
Lawyer Gizem Gonce: If it is established that the court lacks subject-matter jurisdiction, the court will, as a rule, dismiss the case on procedural grounds for lack of subject-matter jurisdiction, since subject-matter jurisdiction is a procedural prerequisite for the action. The procedures and time limits prescribed by law must be followed for the case file to be transferred to the court with subject-matter jurisdiction.
Article 20 of the Code of Civil Procedure is particularly important in this process. Failure to submit the necessary application for the case file to be transferred to the court with subject-matter jurisdiction within the applicable time limit may result in the lawsuit being deemed not to have been filed. Therefore, individuals who receive a ruling declining subject-matter jurisdiction must carefully monitor the dates relating to the ruling becoming final and its service.
Question 5: Will ongoing insurance cases be affected by this ruling?
Lawyer Gizem Gonce: In cases involving the same legal issue as the ruling, its reasoning may be cited as precedent and taken into account by courts when assessing subject-matter jurisdiction. However, it would not be correct to say that all ongoing insurance cases will automatically be transferred to another court.
In each case, the parties’ legal status, the subject of the dispute, the applicable legislation, and the procedural stage must be examined. In addition, the legal effect of a reversal in the interests of the law must be distinguished from its effect on the outcome of the dispute between the parties. No broader conclusion should be drawn in the specific case without examining the full text of the ruling.
Question 6: What legal remedies are available to vehicle owners with a SİSBİS entry?
Lawyer Gizem Gonce: First, it is necessary to investigate the events and documents on which the entry was based, obtain the relevant records and reports, and collect documents supporting the allegation that the entry is incorrect. Applying to the relevant insurance organization and documenting the outcome of that application may also be important.
Individuals who believe that they have suffered a loss of rights because of the entry may pursue legal remedies to have it corrected or deleted, depending on the circumstances of the specific case. However, the course to be followed must be determined according to the nature of the entry, the institutions or organizations responsible, and the legal basis of the claim.
Question 7: What should individuals pay attention to before filing an insurance lawsuit?
Lawyer Gizem Gonce: First, the insurance transaction from which the dispute arises and the party against whom the lawsuit will be brought must be identified. The court with subject-matter and territorial jurisdiction, any mandatory prior application or mediation requirements, and the applicable time limits must then be checked.
It is also very important to retain the insurance policy, the claim file, the loss adjuster’s report, payment documents, and correspondence with the insurance company. Filing a lawsuit before the wrong court or missing time limits may cause even a well-founded claim to encounter procedural problems.
CONCLUSION
The Turkish Court of Cassation ruling under discussion demonstrates the importance of identifying the court with subject-matter jurisdiction over insurance disputes. Nevertheless, the ruling should not be regarded as a general provision requiring all insurance cases to be heard by consumer courts.
To prevent individuals from suffering a loss of rights, the nature of the dispute, the parties’ legal status, and the applicable procedural rules must be carefully examined before a lawsuit is filed.
Update of 24 October 2026 — Incorrect insurance records and routes for seeking redress
What legal avenues are available to people who cannot access insurance services because of an incorrect record made by an insurance company? Lawyer Gizem Gonce provided important comments on correcting insurance records, compensation claims, and the court with jurisdiction.
Incorrect entries in insurance companies’ systems can make it difficult for members of the public to access insurance services. In particular, records created within the Insurance Fraud Information Sharing System (SİSBİS) may adversely affect a person’s insurance transactions and lead to legal disputes.
In a ruling published on 23 October 2026, the 4th Civil Chamber of the Turkish Court of Cassation came into focus for its assessment that the consumer court had jurisdiction in a dispute brought because an insurance company had created an incorrect SİSBİS entry concerning a consumer’s vehicle. The incident in the case was reported to have left the person unable to access insurance services for a long period because of the entry.
Lawyer Gizem Gonce answers questions
What should a person do if an insurance company creates an incorrect record?
Lawyer Gizem Gonce: First, it should be established which transaction or document is the basis for the record believed to be incorrect. The person may ask the insurance company to explain the basis for the record, correct the error, and provide written notice of the action taken.
If the person has an accident report, claim file, policy, rejection letter, or correspondence with the insurance company, these should be considered together. If an insurance claim has been rejected because of the record, obtaining the reason for rejection in writing is important for subsequent legal applications.
Can a lawsuit be filed if insurance compensation cannot be obtained because of an incorrect record?
Lawyer Gizem Gonce: Depending on the circumstances of the particular case, legal avenues may be pursued to correct the record, protect the right to use insurance services, and remedy any loss suffered. However, every incorrect record does not automatically give rise to a right to compensation. Factors such as unlawfulness, loss, and an adequate causal link must be assessed.
For example, if an insurance company has rejected a claim that should have been covered because of an incorrect record, the policy terms, the reason for rejection, and the extent of the loss should be examined. The legal basis for the compensation claim also matters.
Which court has jurisdiction in these cases?
Lawyer Gizem Gonce: In the 4th Civil Chamber of the Turkish Court of Cassation’s ruling numbered 2025/12146 on the merits and 2026/3403 as the decision, it was assessed that the consumer court had jurisdiction over an insurance-service dispute involving a person acting in the capacity of a consumer.
That said, not every insurance dispute is heard by a consumer court. The status of the parties, whether the transaction is commercial or a consumer transaction, and the subject of the dispute must be examined together. Filing in a court without jurisdiction may prolong the process and create procedural problems.
Does the person also have rights concerning their personal data?
Lawyer Gizem Gonce: Under personal data protection legislation, where the relevant conditions are met, a person may be able to learn whether data concerning them is being processed, request correction of inaccurate or incomplete data, and exercise other rights provided by law. It may be possible to apply first to the relevant institution and, where necessary, consider filing a complaint with the Personal Data Protection Board.
The important point is not to stop at asking for the record to be deleted; the person should document why the record is incorrect and how it affects their rights.
Legal assessment
Incorrect records in insurance systems can affect people’s access to insurance services and their compensation claims. The appropriate course is not the same in every case. An application to correct a record, consumer law, insurance legislation, and avenues under personal data protection law should be assessed in light of the circumstances of the particular case.
Lawyer Gizem Gonce says that reviewing the written reason for rejection obtained from the insurance company and the basis for the record is important to avoid loss of rights.
28 October 2026 update — New questions and explanations
Court of Cassation Ruling on SİSBİS: Which Court Handles an Incorrect Insurance Record?
Attorney Gizem Gonce commented: “Errors in insurance records can affect vehicle owners’ rights. However, the correct legal route must be determined.”
For vehicle owners who claim that insurance records relating to traffic accidents contain errors, identifying the competent court is important. Decision No. 2026/3403 (Docket No. 2025/12146) of the 4th Civil Chamber of the Court of Cassation dated 30 March 2026 brought the question of jurisdiction over requests to correct or delete SİSBİS records back onto the agenda. The decision was published in the Official Gazette of 23 October 2026.
SİSBİS is known as the Insurance Fraud Information Sharing System. A claim that a vehicle has been linked to an accident it was not actually involved in, or that an incorrect record has been created, may cause the vehicle owner problems in insurance transactions.
Attorney Gizem Gonce emphasises that in such disputes it is important both to investigate the accuracy of the record and to bring the application on the correct legal basis.
Attorney Gizem Gonce answered the questions
What can I do if my vehicle has been linked to an accident it was not involved in?
Attorney Gizem Gonce: First, it must be determined which insurance company or transaction created the record. The vehicle owner may apply to the relevant insurer with the documents in hand to learn the basis of the record and request the correction of information they consider incorrect.
If the record is not corrected or the dispute cannot be resolved, legal remedies should be considered. Accident reports, vehicle photographs, claim files, expert reports and other documents may be important for proving the claim.
Which court should hear a case for the deletion of a SİSBİS record?
Attorney Gizem Gonce: In Decision No. 2026/3403 (Docket No. 2025/12146) of the 4th Civil Chamber of the Court of Cassation, it was accepted that the competent court for the consumer dispute examined was the Consumer Court.
In the decision, the request to correct or delete a record created within the scope of the service provided by the insurance company was assessed under Law No. 6502 on Consumer Protection.
However, it would not be correct to say that every insurance dispute will automatically be heard by the Consumer Court. The capacities of the parties, the nature of the legal relationship and the basis of the claim must be examined.
What harm can an incorrect record cause the vehicle owner?
Attorney Gizem Gonce: An incorrect record may cause the vehicle owner problems in insurance transactions or lead to an incorrect assessment. However, the consequences of the record must be shown in the specific case.
If a person claims to have suffered financial loss because of a record they consider incorrect, they must prove with appropriate evidence the existence of the loss, its connection with the unlawful act and the basis of the compensation claimed. A request to correct a record and a claim for compensation are not the same legal claim; whether they can be assessed together or separately depends on the case file.
Does the Court of Cassation decision make the Consumer Court competent in all insurance cases?
Attorney Gizem Gonce: No. The scope of the decision must be correctly determined. In the dispute examined, the request to correct or delete a SİSBİS record created within the scope of the insurer’s service was treated as a consumer transaction.
In insurance law, the competent court may vary according to the type of dispute and the legal capacities of the parties. It would therefore be wrong to interpret the decision as establishing a general rule of jurisdiction for all insurance cases.
Which documents should the vehicle owner prepare before filing a case?
Attorney Gizem Gonce: First, it must be established what the disputed record is and which transaction it is based on. The accident report, correspondence with the insurance company, the claim file, expert reports and applications made to correct the record should be kept.
It should also be made clear whether the request concerns only the correction of the record, its deletion, or compensation for the alleged loss. This distinction is important in determining the legal route to be followed.
CONCLUSION: Vehicle owners who believe their SİSBİS record is incorrect should find out the basis of the records, preserve their evidence and determine the remedy appropriate to the nature of the dispute. The Court of Cassation decision is significant for determining the competent court in the consumer dispute examined.
Update — 29 October 2026 — Where Should a Lawsuit Be Filed If a Vehicle’s Damage Record Is Incorrect?
An application by a vehicle owner who says a damage record was entered for their vehicle even though it was not involved in an accident has raised the question of which court has jurisdiction. Attorney Gizem Gonce reviewed the options for correcting inaccurate records and obtaining compensation for loss.
Which court should a person whose vehicle has an incorrect damage record apply to?
Attorney Gizem Gonce: First, the parties to the dispute and its legal nature must be identified. In a ruling that became public on 23 October 2026, the 4th Civil Chamber of the Court of Cassation held that the consumer court had jurisdiction in a dispute in which the insurance company was the service provider and the vehicle owner was the consumer.
However, this ruling does not mean that every dispute connected with a vehicle damage record must be heard in a consumer court. It matters against whom the action is brought and on what legal ground.
Can compensation be claimed if the vehicle has lost value because of the incorrect record?
Attorney Gizem Gonce: A compensation claim may arise if, in the specific case, an unlawful record has caused actual financial loss and there is an adequate causal link. However, the existence and amount of the loss must be established. The legal grounds for a request to correct the record and a claim for compensation may not be the same.
What should the vehicle owner do first?
Attorney Gizem Gonce: The accident report, expert assessment, vehicle photographs, correspondence with the insurance company, and damage records should be gathered. It is important to submit a written correction request to the relevant institution and document the outcome.
The question of which court has jurisdiction is central in the ruling concerning the incorrect damage record. Whether a right to compensation has arisen and the amount that may be claimed must be assessed separately
Evening update — 29 October 2026 — What Can Be Done if an Incorrect Insurance Record Affects Compensation?
A decision concerning the insured from the Court of Cassation: Which legal remedies can be used against an untrue damage record?
The 4th Civil Chamber of the Court of Cassation ruled that the consumer court has jurisdiction in a lawsuit filed due to the entry into the Insurance Fraud Information Sharing System (SİSBİS) of a record concerning a traffic accident in which a vehicle was alleged not to have been involved. The decision was published in the Official Gazette dated October 23, 2026.
Lawyer Gizem Gonce evaluated the consequences that erroneous insurance records may entail for vehicle owners and the legal avenues that can be pursued.
What should a person do if they encounter an accident record that does not belong to their vehicle?
Lawyer Gizem Gonce: First of all, it must be determined by which insurance company and based on which accident or damage file the record was created. The vehicle owner may request an explanation from the insurance company regarding the record and the supporting documents.
The traffic accident report, expert report, vehicle photographs, policy information, and documents showing where the vehicle was located on the relevant date may be of importance. If the record is erroneous, a written application should be submitted to the relevant institutions for its correction or deletion.
Can a lawsuit be filed if the insurance company rejects the application?
Lawyer Gizem Gonce: Depending on the circumstances of the concrete case, judicial remedies may be sought with a request for the correction or deletion of the record. The 2026 decision of the Court of Cassation reveals that the consumer court has jurisdiction in disputes regarding the SİSBİS record created within the scope of insurance services.
However, the determination of the competent court with subject-matter jurisdiction and the acceptance of the lawsuit on the merits are distinct matters. The applicant must demonstrate with concrete evidence why the record is erroneous and the basis of their claim.
Can compensation be claimed if material damage arises due to an incorrect record?
Lawyer Gizem Gonce: If a concrete damage has occurred due to the erroneous record, a claim for compensation may also be evaluated according to the circumstances of the case. For this purpose, the unlawfulness of the record, the incurred damage, and the causal link between this damage and the record are examined.
Not every erroneous record automatically generates a right to compensation. Whether the legal conditions of damage and liability have been established must be evaluated separately.
Which documents should vehicle owners preserve?
Lawyer Gizem Gonce: Applications made to the insurance company, response letters, damage file documents, expert reports, and records regarding vehicle history should be retained. If it is believed that the erroneous information had an effect on the vehicle value or insurance transactions, documenting this effect is also important.
Conclusion: The accuracy of insurance records is of importance regarding consumer rights and the economic value of their vehicles. Persons who encounter an error in the records should evaluate the application and litigation avenues in light of concrete evidence.