Consumer and Insurance Law

The matters we handle within the framework of the Law on the Protection of Consumers No. 6502, the insurance provisions of the Turkish Commercial Code No. 6102 and insurance legislation:

• Claims for repair, replacement, refund and price reduction due to defective goods and services
• Distance contracts, the right of withdrawal and e-commerce disputes
• Instalment sales, pre-paid housing sales, timeshare and package tour contracts
• Consumer loans, housing finance and credit card disputes
• Subscription contracts and review of unfair terms
• Claims arising from warranty certificates and after-sales service obligations
• Applications to consumer arbitration committees and consumer court actions
• Compensation claims arising from motor third-party liability and casco insurance
• Disputes concerning diminished vehicle value, damage amounts and total-loss procedures
• Life, health and personal accident insurance indemnities
• Professional liability and employer's liability insurance
• Claims arising from construction, marine cargo and fire insurance
• Applications to the Insurance Arbitration Commission
• Subrogation of the insurer and recourse actions

In our work in this field, consumer protection and insurance legislation and current judicial practice are taken into account. The first step is to determine whether the relationship qualifies as a consumer transaction, against whom the claim should be directed, the competent authority, the application period and the evidence by which the loss can be proved. We act for consumers and insured persons as well as for sellers, providers, manufacturers, importers, authorised services, insurance companies and other businesses.

In claims concerning defective goods and services, the consumer may, where the conditions are met, exercise one of the rights to withdraw from the contract and obtain a refund, a price reduction proportionate to the defect, free repair or replacement with a defect-free equivalent. Whether the defect existed at delivery, when it was noticed, how the seller was notified, who examined the product and whether a defence of misuse has a technical basis are examined.

Our practice also covers disputes arising from new and second-hand vehicle sales, late delivery, incomplete works and non-conformity with the project in housing sales, distance contracts and the right of withdrawal, consumer loans, housing finance, credit cards and subscription contracts. For businesses, we assess the consistency of distance sales contracts, pre-contractual information forms, membership terms, return procedures and the actual sales process.

In insurance law, we provide legal support in compensation claims arising from compulsory motor third-party liability and casco insurance, including damage amounts, diminished vehicle value, loss of use, total-loss and salvage procedures, as well as bodily injury, incapacity and loss of support claims. Claims under property, fire, marine cargo, health, life and personal accident policies, and under professional, employer's and product liability insurance, are assessed together with the policy terms, exclusions and notification obligations.

Applications to consumer arbitration committees, consumer court actions, objections to arbitration committee decisions, applications to the Insurance Arbitration Commission and recourse actions based on the subrogation of the insurer also fall within our field of practice.

Among the disputes most frequently encountered in consumer law are claims arising from defective goods and services, hidden defects in vehicle sales such as heavy damage records, odometer tampering, concealed part replacements or chronic faults, and disputes over the right of withdrawal in online sales. Not every second-hand vehicle sale is a consumer transaction; where the sale takes place between two individuals outside any commercial activity, the dispute may be heard by the general courts.

In housing sales, late delivery, defective or incomplete works, non-conformity with the project, differences in floor area, unfinished common areas and failure to transfer title are frequently encountered. The sales contract, technical specifications, architectural project, delivery minutes, promotional material and the actual condition of the unit are compared, and it should not be assumed that every statement in a brochure or online listing constitutes a contractual term.

In insurance disputes, the amount of damage, diminished value, the fault ratio and total-loss calculations based on the market value at the date of the accident and the salvage value are frequent points of contention, as are policy scope, exclusions, waiting periods, pre-existing conditions and the duty of disclosure. A payment by the insurer does not always mean that the loss has been fully covered; the payment description, reconciliation document, release and expert calculation should be reviewed before concluding that no balance remains.

Evidential difficulties also arise frequently. Having a product repaired or parts replaced before its condition is recorded, disposing of damaged parts, not obtaining service records or making an incomplete application to the insurer can create problems of proof and time limits that are difficult to remedy later.

The process begins with determining the legal status of the parties and whether the dispute concerns a consumer transaction, followed by a review of limitation periods, statutory deadlines, the withdrawal period and objection periods. The contract or policy, service records, expert reports, damage photographs, payment documents, delivery minutes and correspondence between the parties are then examined together.

Whether a technical examination, expert assessment or the preservation of evidence is required is determined, and the amounts and heads of compensation that may be claimed are calculated realistically. In vehicle and technical product files, it may be necessary to preserve evidence or keep the item available for inspection before an action is brought.

The competent authority is determined according to the value and nature of the dispute. Below the monetary threshold set each year, an application to the provincial or district consumer arbitration committee is mandatory; at or above that threshold, the consumer court is, as a rule, approached after mediation as a precondition to litigation. An objection to an arbitration committee decision may be lodged with the consumer court within two weeks of its notification, and a decision that is not complied with may be enforced through the enforcement office.

In insurance claims, a written and documented application is first made to the insurance company. Where the claim is rejected in whole or in part, or is not concluded within the response period set by the legislation, an application to the Insurance Arbitration Commission may be considered. Arbitration is not assumed to be faster or more advantageous in every case; the technical nature of the file, the need for expert evidence, costs and the available appeals are compared with court proceedings.

Applications and defences are prepared on the basis of the concrete evidence in the file, whether through a formal notice, an arbitration committee, mediation, arbitration or litigation. The client is regularly informed about the stages of the process, the possible risks and the legal remedies that may be pursued.