Hotel Accident Claims in Turkey
There are many accidents resulting in injury and even death in Turkey. As a touristic country, foreign visitors sometimes bring claims against hotels concerning alleged negligence in services or premises conditions. Swimming pool accidents, construction-related incidents and similar cases may give rise to questions of hotel or insurance coverage, depending on the facts and the applicable policy.
Hotels commonly maintain insurance covering visitors. Where coverage applies, the insurer may meet part or all of a covered loss within policy limits. Limits are generally set per incident and per person. If the claimed amount exceeds the applicable limit, a separate claim against the hotel may still need to be considered for any remaining portion.
Insurance arbitration may be available for certain material-compensation applications. Decisions are generally expected within four months. An appeal within the arbitration body may follow, typically within two months, so that the overall process may take up to about six months in total.
What documents may be required for an insurance arbitration application?
An application to the insurance company is generally required before filing with insurance arbitration in Istanbul. Many applications are rejected by insurers; the outcome depends on the facts and the completeness of the file.
Documents that may be requested include:
- Accident report (often obtainable from the police station or the chief public prosecutor’s office);
- Medical certificates and hospital records describing treatment;
- A forensic examination report stating the injury level as a percentage (often decisive);
- Income documents such as employment contracts and payslips, with translations where needed;
- A power of attorney authorizing a Turkish lawyer, where representation is used.
Unlike court proceedings, arbitration often expects these documents to be complete at the outset. Missing items may lead to rejection for insufficient documentation.
In court proceedings, documents may be collected over a longer period during the case. Courts may also expect a prior insurance application. Courts may consider both material and non-pecuniary (moral) compensation. Litigation often lasts at least about two years.
Liability of a building owner under the Turkish Code of Obligations
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.
Accordingly, where the hotel does not own the building, questions of building-owner liability may also arise, depending on the circumstances.
Author: Av. Dr. Gökhan Cindemir – Author of Avrupa Kripto Varlık Piyasaları Tüzüğü.
Disclaimer: This publication provides general information only and is not legal advice. It does not create an attorney-client relationship, confirm that a valid claim exists or guarantee compensation. Legal rights and procedural requirements depend on the individual case.