Upon the complaints we have been receiving at Sigorta Haber Online Media Group, I felt to urge to write about this issue.
According to experts and services that I have direct contact with and posts available on social media and the Internet, almost half of the damage claim files for Casco and traffic insurance are rejected at Sompo Japan Insurance.
The reason behind such rejection is communicated to the claimants without any tangible information or evidence but with direct threats. I would like to share here a recent rejection letter which will be the example (Traffic Insurance): According to the paragraph K of the Article 158 of the Turkish Penal Code, any fraudulent activity aimed at the “collection of damages through insurance” shall be punished with 3 to 7 years in prison which can be converted to a judicial fine up to 5,000 days and a fine not less than twice the amount of interest obtained from such crime. On the other hand, such claim is subject to the provision of the Article 1447 of the Turkish Commercial Code which obliges the insured to submit any document and information necessary for the detection of the risks or damages to the insurer within a reasonable period of time upon the actualization of the risk and upon the request of the insurer as per the signed contract. In this case, the documents submitted were investigated for damages and it was found that the damage suffered by one vehicle do not match the other vehicle.
The example above is just one of many similar recent experiences with this company.
It is not clear why Sompo Japan Insurance does not press charges against the claimant, instead goes on with threatening the victim for fraudulent behavior as seen in the text.
If the insurer is not pressing charges when it has tangible documentation, information or records of such a crime, then there is a big problem. It is then a case of criminating the individuals with serious accusations while not taking legal action against such crime, to crown it all, the insured is not compensated with the damages which he/she is entitled to collect in a period defined by the law. Nevertheless, there is only one action to be taken for the good of the sector which is taking legal action against this insured who is accused with fraudulent activity. Otherwise, the claimant will take his/her claim to the Insurance Arbitration Commission upon such rejection letter and as there are several exemplary decisions (claimant needs to prove his/her claim) the Commission will rule against the insurer, however, the process takes a long time.
I would like to ask our readers, especially insurance agencies, insurance experts, auto services and the insured what do they make out of this process. I am expecting your comments on this subject...
As a citizen of this country, I want to explain my take on this issue;
I believe that the Damages and Legal Department of Sompo Japan Insurance is following a protocol to reject damage files even though there is a significant proof on the basis of the fact that the number of claimants to take it to the court or arbitration commission will be rather small; what we call in colloquial language “IF THEY BUY IT”.
We are inviting Sompo Japan Insurance to use their right to rebut.