… TO THE JUDGE OF THE PRIMARY COMMERCIAL COURT;
PLAINTIFF: (Turkish Republic Identity Number):
ADDRESS:
REPRESENTATIVE:
ADDRESS:
DEFENDANT:
SUBJECT: This is our petition requesting the collection of … TL., along with legal interest, arising from the insurance policy.
OUR EXPLANATIONS
1- The vehicle of the … brand … model belonging to our client was insured by the defendant insurance company with the … Comprehensive Insurance Policy number … on …/…/… and was totaled and rendered unusable as a result of a traffic accident on …/…/…
2- According to the traffic accident report, our client had a blood alcohol level of 70 promille at the time of the accident, but the cause of the accident was not our client’s intoxication, but the violation of the turning prohibition by the driver of the other vehicle involved in the accident. Despite a formal notice sent to the defendant company after the accident demanding compensation for the damages, our claim was rejected on the grounds that my client was intoxicated at the time of the accident and that the damages were not covered by the insurance policy. However, according to the relevant provision of the Insurance Policy, for damages to be excluded from coverage, the accident must have resulted solely from my client’s intoxication. Since this condition was not met in this case, and this is confirmed by the accident report, the resulting damages are covered by the insurance policy.
3- For the reasons explained above, it has become necessary to file a lawsuit to ensure that the defendant company covers the damages of … TL arising from the Comprehensive Motor Insurance Policy, together with interest at the rediscount rate from the date of default.
LEGAL GROUNDS: Article 6102 of the Turkish Penal Code 1027, 1029, 1265, 1409, 1410, 1420, 1421, 1424, 1425, 1427, 1446, 1453, 1461, 1465, 1472; 5684 S. K. m. 14; 2918 S.K.m. 85, 91, 99, 110.
LEGAL EVIDENCE:
CONCLUSION AND REQUEST: For the reasons stated above, we respectfully request that your court order the defendant, … Insurance Company, to compensate our client for the damages amounting to … TL, resulting from the total loss of the … brand … model vehicle due to a traffic accident on …/…/…, based on the Comprehensive Insurance Policy No. …, with rediscount interest to be applied from the date of default, and that the court costs and attorney’s fees be borne by the defendant. …/…/…
ATTACHMENTS:
1-) Vehicle registration certificate of … brand … model,
2-) Insurance policy dated …/…/…,
3-) Accident Report Forms,
4-) Notice of default,
5-) Copies of the response to the notice of default,
6-) Expert examination report
Plaintiff’s Attorney
Attorney
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