Erdal Nuhbasa – Law and Consulting Firm – Legal Services
Erdal Nuhbasa – Law and Consulting Firm – Legal Services
If your home, car or business has been damaged by flooding, you may be wondering: Who will pay for the damage, and how can you claim compensation?
The answer depends on the cause of the damage and the terms of your insurance policy. Some rules are clear: standard DASK earthquake insurance does not cover flooding unrelated to an earthquake. Comprehensive motor insurance does not automatically cover flood damage unless the relevant coverage is included in the policy. Home and business insurance policies must also be checked for specific flood protection.
If your insurer refuses to pay or offers less than the amount of your loss, you may have options to challenge the decision. If you have no insurance, a compensation claim against a potentially responsible person or public authority may also be worth investigating.
The answer depends on how the damage occurred.
| Cause or circumstances | Where to start |
|---|---|
| Flood damage covered by home insurance | Your home insurance company |
| Covered flood damage to business premises | Your business insurance company |
| Vehicle damage covered by comprehensive motor insurance | Your motor insurer |
| Damage allegedly caused by deficient public infrastructure | The relevant public authority |
| Damage caused by another person or private company | The potentially responsible person or company, and any applicable liability insurer |
These options are not always mutually exclusive. Receiving insurance compensation does not necessarily prevent an investigation into whether another person or public authority was also responsible. However, you cannot recover compensation twice for the same loss, and the insurer may have a right of recourse after making payment.
No. Standard DASK coverage does not cover flooding unrelated to an earthquake. DASK is Turkey’s Compulsory Earthquake Insurance scheme. Within the applicable policy limits, it covers specified building damage directly caused by earthquakes and certain related risks, including fire, explosion, tsunami and landslide resulting from an earthquake.
Flooding is not included in the standard coverage simply because a property is insured under DASK.
If your policy includes flood and inundation coverage, you may claim compensation for damage that falls within the insured risks and satisfies the policy conditions. Without that coverage, flood damage is not automatically covered merely because you have fire insurance.
Article A.3.2 of the Turkish Fire Insurance General Conditions identifies flood and inundation as risks that may be included through an additional contractual arrangement.
Check the following points in your policy:
If your comprehensive motor insurance policy includes flood and inundation coverage, you may claim compensation for vehicle damage covered by the policy. Having comprehensive insurance alone is not sufficient if that protection is excluded.
Floodwater can damage the engine, electronic components, electrical systems and interior of a vehicle.
If your vehicle has been exposed to floodwater, do not attempt to start the engine. Photograph and record the vehicle’s condition, then notify your insurer and arrange the required inspection.
No, not as a general rule. Compulsory motor third-party liability insurance primarily covers qualifying damage caused to third parties in connection with the use of the insured vehicle. It is not designed to cover flood damage to the insured vehicle itself.
If your insurer rejects your claim or pays less than you believe you are entitled to, take the following steps.
Article 1427 of the Turkish Commercial Code regulates when insurance compensation becomes due. As a general rule, the required documents must be submitted and the investigation completed. The law also provides a 45-day period following notification of the insured event, subject to statutory conditions and exceptions.
If the investigation cannot be completed within three months, the law provides for an advance payment of at least 50% of the assessed loss under the applicable conditions, based on the preliminary expert assessment.
These provisions do not mean that every claim must automatically be paid regardless of missing documents or statutory exceptions.
Before applying to the Insurance Arbitration Commission, you must first submit a written claim to the insurance company.
According to the Commission’s official guidance, you may be eligible to apply if the insurer issues an unsatisfactory final response or fails to respond within the applicable period. The general response period is 15 business days; for compulsory motor third-party liability insurance, it is 15 days.
Other eligibility requirements must also be satisfied.
Official information: : Insurance Arbitration Commission – How to Apply.
Yes, compensation may be available if the legal requirements for public authority liability are satisfied. However, the fact that flooding occurred does not automatically make a municipality liable.
For example, the damage may be connected to inadequate stormwater drainage, problems with sewerage infrastructure or a failure to carry out necessary maintenance within the relevant authority’s area of responsibility.
Yes. Photographs, bank records, warranty documents and other evidence may help establish the existence and value of the damaged items.
Where possible, document the damage and allow an inspection first. If urgent action is necessary, take photographs and videos before removing the items.
Damage to the building and damage to your personal belongings may be treated differently. The responsibilities of the landlord, insurers and other potentially liable parties depend on the circumstances.
You may be able to claim these costs if your policy covers temporary accommodation. Otherwise, a claim against another party requires a legal basis and evidence of the expenses.
Submit a written objection identifying the disputed items and support it with photographs, invoices, repair estimates or a technical assessment.
Repairing the property does not automatically eliminate your right to compensation. However, document the damage as thoroughly as possible and retain repair invoices and other evidence.
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