Removing a SİSBİS Record: Consumer Court Has Jurisdiction

An important ruling published in the Official Gazette on 23 October 2026 brings good news for vehicle owners who have had a suspicious-transaction entry added to their insurance record by an insurer — despite never being involved in an accident. The 4th Civil Chamber of the Court of Cassation (Yargıtay) made clear, through a ruling in the interest of the law (kanun yararına bozma), that a lawsuit seeking the removal of a SİSBİS record against an insurance company is a consumer dispute — and must therefore be heard by a Consumer Court (Tüketici Mahkemesi). Below, we explain what the ruling says, what a SİSBİS record actually means, and what steps you can take if you find yourself with an unfair entry on your file.

What Is SİSBİS, and Why Does It Matter?

SİSBİS — short for Sigorta Suistimalleri Bilgi Paylaşım Sistemi, the Insurance Fraud Information Sharing System — is a centralised database through which Turkish insurers share files flagged for suspected fraud or improper insurance practices. A record in this system is not proof that you have done anything wrong; it simply records an insurer’s suspicion. In practice, however, it can surface when you apply for comprehensive cover (kasko) or compulsory third-party motor insurance, when a claim is being assessed, or even when you try to sell your vehicle on the second-hand market.

This situation — sometimes called an “unfair damage record” — can cause real hardship, particularly when the entry relates to an accident your vehicle had absolutely nothing to do with. It is worth noting that a standard claims history (recording an accident that genuinely occurred) is a different matter entirely. The Court of Cassation ruling concerns the kind of SİSBİS entry that the vehicle owner argues is entirely unfounded.

What Happened in the Case?

The owner of a private car discovered that their insurer had created a SİSBİS entry against their vehicle following a road accident the owner says they were not involved in. After getting nowhere with the insurer and other relevant bodies, the owner filed a lawsuit seeking correction of the record. The Istanbul Anatolian 7th Commercial Court of First Instance (Asliye Ticaret Mahkemesi) upheld the claim, and the decision became final.

The Ministry of Justice then applied for the decision to be quashed in the interest of the law, arguing that the wrong court had heard the case. According to a report by Anadolu Agency, the 4th Civil Chamber agreed. The ruling is dated 30 March 2026, case reference 2025/12146 E., 2026/3403 K., and was delivered unanimously.

The Reasoning: Insurance Is a Consumer Transaction

The Chamber held that an insurance company qualifies as a “provider” (sağlayıcı) and a private individual who buys insurance for their personal vehicle qualifies as a “consumer” within the meaning of the Consumer Protection Act (Law No. 6502 — Tüketicinin Korunması Hakkında Kanun). Under Article 73 of that Act, disputes arising from consumer transactions fall within the jurisdiction of the Consumer Courts. The fact that insurance contracts are regulated by the Turkish Commercial Code (TTK) does not change this: Article 83 of Law No. 6502 expressly provides that being regulated elsewhere in Turkish law does not deprive a consumer of the rights granted by the Consumer Protection Act.

The Court of Cassation also emphasised that jurisdiction is a matter of public policy and must be considered by a court of its own motion at every stage of proceedings. The Commercial Court of First Instance should therefore have declined jurisdiction rather than ruling on the merits.

Does the Quashing Ruling Affect the Person Who Won the Case?

No. A ruling in the interest of the law — under Article 363 of the Turkish Code of Civil Procedure (HMK m.363) — does not undo the legal effect of a final judgment as between the parties. The Court of Cassation was explicit that the quashing has no effect on the outcome of the case before it. In other words, the vehicle owner who won the original lawsuit keeps that win. The real significance of this ruling is that it sets out clearly which court future claimants in similar situations should go to.

Which Court Should You Use to Remove a SİSBİS Record?

Following this ruling, the position is now clear: if you are a private individual who purchased insurance for your personal vehicle and you want to have a SİSBİS record removed or corrected, you should file your lawsuit in the Consumer Court (Tüketici Mahkemesi). In areas where there is no dedicated Consumer Court, the Civil Court of First Instance (Asliye Hukuk Mahkemesi) sits in that capacity. Crucially, consumer disputes can be brought in the court covering the consumer’s own place of residence — so if you live in Alanya, you can sue an Istanbul-based insurer right here locally.

Filing in the wrong court does not cause you to lose your rights, but it does waste time and can increase your legal costs. Choosing the right court from the outset matters.

The Position May Be Different for Commercial Vehicles

This ruling concerns the relationship between a private car owner and their insurer. If the vehicle is used commercially — as a taxi, shuttle, or rental fleet vehicle, for example — the policyholder may not qualify as a consumer, and the dispute could fall within the jurisdiction of the Commercial Court of First Instance (Asliye Ticaret Mahkemesi). For vehicle rental businesses, which are common in Alanya, the question of jurisdiction will need to be assessed separately, taking into account how the vehicle is used and who the parties to the contract are.

What Can You Do If You Have an Unfair SİSBİS Record?

Every case is different, but the following steps are generally worth considering:

• Find out what is on your record: If you receive an unusually high premium quote, a refusal of cover, or a “suspicious transaction” notification, ask the insurer in writing to explain the basis for any entry against your vehicle.
• Gather evidence: Car park receipts, service records, motorway toll logs, location data, CCTV footage, and witness statements that show your vehicle was somewhere else at the time of the alleged accident can all be valuable evidence.
• Make a formal written complaint: Write to both the insurer and the Insurance Information and Monitoring Centre (Sigorta Bilgi ve Gözetim Merkezi), which holds the records. Keep copies of everything — these exchanges can serve as evidence in any later court proceedings.
• Check the pre-action requirements: In consumer disputes, you may need to go through a Consumer Arbitration Committee (Tüketici Hakem Heyeti) or mandatory mediation before filing a lawsuit, depending on the value and nature of the claim. If you do go through mediation, make sure the final mediation record clearly covers all the relief you are seeking.
• File in the right court: For private vehicles, the Consumer Court now has confirmed jurisdiction in light of this ruling.

Claiming Compensation for Losses Caused by the Record

If an unfair SİSBİS entry has left you unable to obtain comprehensive cover, forced you to pay inflated premiums, or caused you to sell your vehicle for less than its true value, you may be able to claim compensation in addition to seeking removal of the record. Whether that is possible will depend on the specific facts — in particular, whether the insurer carried out adequate checks before creating the entry, and whether there is a clear causal link between the entry and your loss. Separately, for vehicles that were genuinely involved in an accident, the question of what a driver who was not at fault can recover from the other party’s insurer is a distinct legal question that turns on the respective degrees of fault.

Conclusion

The ruling from the 4th Civil Chamber of the Court of Cassation confirms that when it comes to SİSBİS record removal cases, consumer protection principles — not the commercial nature of insurance contracts — are what determine jurisdiction. Although the ruling in the interest of the law did not alter the outcome of the original case, it provides clear guidance for anyone facing a similar dispute in future. If you have an unfair entry on your SİSBİS record, gather your evidence early, put your complaints in writing, and — if your vehicle is a private car — head to the Consumer Court.

This article is for general information purposes only and does not constitute legal advice. For your specific situation, always refer to the current legislation and official guidance.