The Insurance Arbitration Commission, which was established with the Insurance Law No. 5684, aims to quickly resolve disputes arising from insurance contracts between member insurance companies and the policyholder or beneficiary of insurance through independent insurance arbitrators. We examined the methods.
Who can apply to the Insurance Arbitration Commission?
The process regarding the applications to be made to the Insurance Arbitration Commission has been designed in such a way that individuals can make their applications in person, without the need for the assistance of an expert, as far as possible. For this reason, every natural or legal person who has a dispute arising from the insurance contract with the member insurance companies will be able to apply to the Insurance Arbitration Commission.
What are the application conditions to the Insurance Arbitration Commission?
In order to apply to the Insurance Arbitration Commission, the following prerequisites must be met:
There has been a dispute arising from an insurance contract with an insurance company that is a member of the arbitration system,
A previous application has been made to the relevant insurance company for the resolution of the dispute,
The final letter sent by the insurance company in response to the application does not meet the request or the insurance company has not received a written response within 15 working days (15 days for Traffic Insurance).
If the above conditions are met, the Insurance Arbitration Commission can be applied to in order to resolve the dispute between you and the member insurance company in a fair, impartial and fast manner. If these prerequisites are not fulfilled, the application will be rejected due to the procedure and if the conditions are fulfilled, a new application can be made to the Insurance Arbitration Commission later on.
What documents are needed when applying?
The application form to the Insurance Arbitration Commission will be required to be filled with the reply letter received from the insurance company regarding the application (if the insurance company has not responded, the documents proving that the application has been made to the insurance company) and other documents that will prove the claim and claim subject to the dispute. You can contact us to get more detailed information about this application form sample and all other necessary documents and process.
What are the application fees to the Insurance Arbitration Commission?
Although the application fees to the Insurance Arbitration Commission change every year, they are arranged as follows for the year 2022 by the Commission.
Which insurance companies are members of the Insurance Arbitration Commission system?
As the date of our post members are as follows: AnadoluHayatEmeklilik, AnadoluSigorta, AnkaraAnonimTürkSigorta, AgeSA, AXAHayatveEmeklilik, AxaSigorta, BereketSigorta, BNPParibasCardifEmeklilik, BNPParibasCardifHayatSigorta, BNPParibasCardifSigorta, CignaSağlıkHayatEmeklilik, CofaceSigorta, Chubb, DemirHayat, DASK, DubaiSigorta, EgeSigorta, EthicaSigorta, EurekoSigorta, GarantiEmeklilikveHayat, GeneraliSigorta, GroupamaEmeklilik, GroupamaSigorta, GulfSigorta, GüvenceHesabı, HDISigorta, HürSigorta, KoruSigorta, MetLifeEmeklilikveHayat, MagdeburgerSigorta, NeovaSigorta, RaySigorta, SompoSigorta, ŞekerSigorta, TARSİM, TürkiyeSigorta, TürkiyeHayatEmeklilik, TürkNipponSigorta, UnicoSigorta, ZurichSigorta.
How are applications made to the Insurance Arbitration Commission evaluated? How long does it take to be finalized?
After the application is made to the Commission, the application is subjected to a preliminary examination by the Commission rapporteurs to determine whether it meets the necessary conditions. At the end of this preliminary examination, the Rapporteurs will decide within 15 days at the latest whether your application will be considered by the insurance arbitrators on the merits.
If it is decided that your application will be examined by the arbitrators, your application is immediately forwarded to the independent insurance arbitrators and the final decision is made within 4 months at the latest (the parties may extend this period by mutual agreement). Arbitrator's decisions with a dispute amount up to 5,000 TL are final. The parties may appeal to the commission for once only, against the arbitral decisions rendered for disputes with an amount of 5,000 TL or more.
The arbitral awards rendered on the disputes are notified directly to the parties by the Commission and then sent to the competent court for safekeeping.
Ünal § Partners Legal Team
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