Compensation, Holiday, Bank, and Insurance Disputes in 8 Questions — Attorney Aylin Esra Eren

A person injured in a traffic accident may, if the legal conditions are met, claim losses from temporary or permanent incapacity for work, treatment costs, impairment of future earning prospects and non-pecuniary damages.

Articles 54 and 56 of the Turkish Code of Obligations are important for bodily damages. In calculating compensation, the disability rate, the person's age, income, working capacity, and fault status in the occurrence of the accident are evaluated. Statute of limitations periods must also be observed in terms of applying to the insurance company or filing a lawsuit.

There are special provisions in contracts regarding timeshare and long-term holiday services for the purpose of protecting the consumer.

Within the scope of Law No. 6502, as a rule, there is a 14-day right of withdrawal in timeshare agreements starting from the date the contract is established. It is important that the withdrawal notification is made within the period and in a provable manner.

The type of contract, how the sale was made, and exceptions in the legislation must also be examined.

Information regarding a person's credit history must be processed accurately, up-to-date, and in accordance with the law.

If it is claimed that the person suffered economic damage due to an incorrect or outdated record, they can first apply to the relevant bank and data controller to request the correction of the records.

Within the scope of Law No. 6698 on the Protection of Personal Data (KVKK), there is a right to request the correction of personal data. If damage has occurred due to unlawful data processing, a compensation claim may also come to the agenda within the framework of its conditions.

Attachment through enforcement proceedings differs from set-off, deduction or blocking based on a loan agreement. The protection against attachment and exceptions in Article 93 of Law No. 5510 must be considered separately. In its decision of 21 March 2025, case 2022/2 E., decision 2025/1 K., the Court of Cassation’s Grand General Assembly for the Unification of Judgments accepted that a bank may directly block pension payments on the basis of instructions consenting to retention, set-off, deduction or similar arrangements for a consumer loan. A block is therefore not automatically unlawful in every case. The agreement, the scope of consent, the amount collected and mandatory legal rules must be examined.

The delivery period in housing sales and the obligations agreed upon in the contract are important. If the seller fails to deliver the residence within the period complying with the contract and the law, the consumer can exercise rights of performance, withdrawal from the agreement, and compensation depending on the conditions of the incident. Special provisions of Law No. 6502 apply to prepaid housing sales. Issues such as force majeure, license, and the legal status of the construction must also be examined.

A difference between the area promised in the sale and the actual area of the delivered residence may constitute defective performance depending on the content of the agreement and sales announcements. The buyer must have examined by which method the measurement was made and whether net or gross square meters were specified in the contract. If consumer legislation applies, elective rights such as price reduction, remedying the defect, or withdrawal from the agreement if conditions are met may come to the agenda. It is important that the deficiency is determined with a technical report.

Non-payment in life insurance depends on policy provisions and regulations in the Turkish Commercial Code and insurance legislation. The insured's acting contrary to the duty of disclosure, the manner in which the risk materializes, or exceptions validly regulated in the policy may create a dispute. However, the insurance company cannot avoid making a payment solely with a general justification; it must explain the reason for rejection with concrete and legal grounds. The policy, application documents, and rejection letter must be examined together.

No. Alcohol use does not automatically justify refusing payment in every case. Policy terms and general conditions apply to own-damage (kasko) insurance, while compulsory motor liability insurance includes special protection for injured third parties. The causal connection between alcohol use and the accident, policy coverage and the insurer’s right of recourse against the insured must be assessed separately. Compensation for a third party and recourse against the insured are distinct legal issues.