Article 10. The contract of compulsory insurance of liability of owners of vehicles and the procedure for its conclusion Chapter 3. The contract of compulsory insurance of liability of owners of vehicles of the Law On compulsory insurance of civil liability of owners of vehicles

Home / RLA / Article 10. The contract of compulsory insurance of liability of owners of vehicles and the procedure for its conclusion Chapter 3. The contract of compulsory insurance of liability of owners of vehicles of the Law On compulsory insurance of civil liability of owners of vehicles

Article 10. The contract of compulsory insurance of liability of owners of vehicles and the procedure for its conclusion Chapter 3. The contract of compulsory insurance of liability of owners of vehicles of the Law On compulsory insurance of civil liability of owners of vehicles

1. Compulsory liability insurance of vehicle owners is carried out on the basis of a contract concluded between the policyholder and the insurer in accordance with this Law.

2. The contract of compulsory liability insurance for vehicle owners provides for insurance payments for obligations incurred as a result of harm to the life, health and (or) property of the victim, with the exception of compensation for moral damage and lost profits of the victim, including loss of the marketable value of the property, as well as compensation for penalties in connection with the violation of the victim's terms of delivery of goods or production works (provision of services), and his other obligations under contracts (agreements).

3. A compulsory liability insurance contract for vehicle owners must be concluded only with an insurer licensed to carry out activities of this type (class). compulsory insurance.

The policyholder is free to choose an insurer.

The insurer has no right to refuse the policyholder to conclude a compulsory liability insurance contract for vehicle owners, except in cases provided for by the laws of the Republic of Kazakhstan.

Under the contract of compulsory liability insurance for vehicle owners, the policyholder undertakes to pay the insurance premium, and the insurer undertakes, upon the occurrence of an insured event, to make an insurance payment to the beneficiary in the amount, procedure and time limits established by this Law.

4. Compulsory liability insurance contracts for vehicle owners are divided into the following types::

1) Standard;

2) Comprehensive.

5. The contract of compulsory liability insurance for vehicle owners is concluded by registration of an insurance policy by the insurer in electronic form.

The basis for concluding a compulsory liability insurance contract for vehicle owners is the policyholder's statement containing the data necessary to calculate the insurance premium and identify the insured.

5-1. At the request of the policyholder, a compulsory liability insurance contract for vehicle owners may be concluded by contacting the insurer or exchanging electronic information resources between the policyholder and the insurer.

Note from <url>! The Constitutional Court of the Republic of Kazakhstan has initiated proceedings to verify the constitutionality of paragraph 5-2 of Article 10.

5-2. It is not allowed to conclude a compulsory liability insurance contract for owners of vehicles that are not in international traffic on the territory of the Republic of Kazakhstan, with the exception of vehicles registered (subject to state registration) in the territorial divisions of the authorized body for road safety.

6. The insurance policy, in addition to the conditions listed in Article 826 of the Civil Code of the Republic of Kazakhstan, must contain the amount of the maximum amount of liability of the insurer for one insured event and an indication of the type of contract.

The requirements for the content and design of an insurance policy for compulsory liability insurance of vehicle owners are established by the legislation of the Republic of Kazakhstan on insurance and insurance activities.

6-1. Changes and additions to the insurance policy are not allowed.

7. Excluded by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (effective from 01/01/2019).

8. If the insurer has concluded a compulsory liability insurance contract for vehicle owners on terms that worsen the situation of the policyholder (insured) or the victim in comparison with that provided for by this Law, then upon the occurrence of an insured event, the insurer shall bear obligations to the policyholder (insured) and the victim on the terms established by this Law.

9. Payment of the insurance premium under the contract of compulsory liability insurance of vehicle owners is made by an individual in a one-time payment.

10. Excluded by the Law of the Republic of Kazakhstan dated 07/12/2022 No. 138-VII (effective from 01/01/2024).

The Law of the Republic of Kazakhstan dated July 1, 2003 No. 446.

This Law regulates relations arising in the field of compulsory insurance of civil liability of vehicle owners, and establishes the legal, financial and organizational basis for its implementation.

President

Republic of Kazakhstan

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