What Are Insurance Subrogation (Rücu) Claims in Turkey?

A subrogation (rücu) claim is a type of lawsuit an insurance company files to recover, from the at-fault third party who caused the loss, the compensation amount it paid to its own insured.

The Principle of Subrogation

Under Article 1472 of the Turkish Commercial Code (TTK), to the extent of the compensation it has paid to its insured, the insurer is subrogated to the insured's right to claim compensation against the third party responsible for the loss — meaning it can exercise that right in the insured's place. This mechanism prevents the party who caused the harm from escaping liability simply because an insurance payment was made.

The Conditions for a Subrogation Claim

For the right of subrogation to arise, the insurer must have actually paid compensation to its insured, and the loss underlying that compensation must have resulted from the fault of a third party. The insurer cannot claim, through subrogation, an amount exceeding what it actually paid.

Against Whom Can a Subrogation Claim Be Filed?

A subrogation claim can be filed against an at-fault driver or vehicle operator in traffic accidents, an at-fault employer in workplace accidents, or an at-fault third party who caused damage in property insurance matters. A subrogation claim cannot be filed against the insured themselves — subrogation is directed only at third parties.

The Limitation Period

In subrogation claims, the limitation period generally begins to run from the date the insurer paid its insured, and is determined according to the general limitation periods applicable to the underlying liability relationship relied upon (tort, contract). Which period applies must therefore be separately assessed in each case.

The Relationship With the SGK's Right of Subrogation

The Social Security Institution (SGK) also has a separate statutory right of subrogation for payments it makes following a workplace or traffic accident; this is a distinct mechanism based on Law No. 5510, independent of a private insurer's subrogation right under the TTK. It is possible to face a subrogation claim from both a private insurer and the SGK in the same incident.

Practical Recommendations

If you are facing a subrogation claim, examine the amount the insurer actually paid its insured and whether it is proportionate to the loss; whether your own degree of fault has been correctly determined also forms the basis of your defence. Reviewing the file together with a lawyer helps prevent a loss of rights against a possibly unjustified subrogation claim.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.