Hotel Accident Claims in Turkey

January 31, 2020 Gökhan Cindemir 0 Comments

hotel accident claims in Turkey
contact cindemir@cindemir.av.tr

There are many accidents resulted with injury and even death in Turkey. As a touristic country , there are many foreign victims filed law suit against the hotels regarding the negligence in their services or conditions they provide. Swimming pool accidents, construction related accidents and such relevant cases are all compensated by the hotel company or its insurance company. All hotels must have policy with insurance companies covering their visitors. In case that visitor confronts with a damage, insurance covers the damage with a certain limit. This limit is generally determined per incident and per person. Accordingly, in case that damage exceeds that certain limit envisaged by the insurance policy, visitor or third party  have to file a law suit in a court for remained amount against the hotel.

Insurance arbitration requires certain documents for compensation application. Insurance arbitration decides only on material compensation. Upon application to insurance arbitration, decision must be given within 4 months. Insurance arbitration decisions can be appealed in the same judicial body in arbitration appeal commission. Appeal commission must decide within 2 months. Thus, in total all application must be decided in maximum 6 months.

What are the documents required for insurance arbitration application ?

It must be noted that application to the insurance company is mandatory prior to application for insurance arbitration situating in Istanbul. 90 percent applications return with rejection. by the insurance companies. This ratio can be less if the victim applies with a Turkish lawyer. In that case, application

  1. Accident report ( Turkish lawyer can generally obtain the document from the police station or from the chief prosecutor.)
  2. Medical certificate regarding injury reports from the hospital. Hospital records stating the history of the treatment
  3. Forensic examination report regarding the injury level indicated as percentage. (Most crucial)
  4. Income documents like employment contract, payslips and translation of them.
  5. Power of attorney authorizing Turkish lawyer

Unlike the courts, arbitration seeks for these documents without any deficiency. In case one of them lacks , the decision will be rejected based on the ground that sufficient documents were not submitted.

In the court process, collection of the documents are extended over a long time period and completion of the documents can be done during the litigation. The courts also require application to insurance company regarding compensation request. The court can decide on both material and moral compensation. However , it is minimum 2 years process.

Liability of Building Owner Under Turkish Obligation Law

a. Liability to compensate

Article 69- The owner of a building or any other structure is liable for any loss and damage caused by defects in its construction or by inadequate maintenance

As can be seen from the provision, owner of the building has also liability for the damages regarding accidents resulted with injury or death. In that case, if the hotel does not own the building itself this damage can be requested from the building owner also.

 

 

 

Hotel Accident Claims in Turkey was last modified: January 31st, 2020 by Gökhan Cindemir