Personal accident insurance is a type of insurance that pays for the insured's death, permanent disability or treatment expenses as a result of an accident. If the insurer's payment is delayed, default interest will be applied.
Legal Framework
- TTK art.1421-1452:General provisions of insurance contract.
- TTK article 1427: Payment period of the insurer.
- TBK art.117-118: Default and interest.
- Insurance Law No. 5684.
Insurer's Payment Period
- 15 days from the completion of the post-event documents that entitle you to compensation.
- Failure to pay at the end of the period constitutes default
- Delay interest begins upon default.
Interest Type and Rate
- commercial interest (advance interest) in the insurance relationship.
- Legal interest for the individual insured.
- The compensation amount is not updated according to annual inflation (interest is included).
Supreme Court 11th HD and 17th HD — Established Approach
11. HD and 17th HD accept that the insurer did not make payment "without justified reason", that the starting date of default is document completion moment, and that the insured's defense of "sent incomplete documents" must be supported by concrete evidence.
Personal Accident - Traffic Insurance Difference
- Personal accident: The insured's own contract; The insured's damage is paid.
- Traffic insurance: It covers the damage of the other party.
- A person may request both separately.
Types of Compensation
- Death — payment to those deprived of support
- Permanent disability — based on disability rate.
- Treatment expenses — against invoice.
- Temporary disability (according to policy).
Arbitration Commission Path
- Compulsory priority route within the scope of Law No. 5684.
- Quick solution (3-6 months).
- Final decision up to a certain amount.
Practical Tips
Insurance processes require care; insurance law lawyer recommended.