Article 13. Rights and obligations of the policyholder (insured) The Law on Compulsory Insurance of civil liability of the carrier to Passengers

Home / RLA / Article 13. Rights and obligations of the policyholder (insured) The Law on Compulsory Insurance of civil liability of the carrier to Passengers

1. The Policyholder (the insured) has the right:

1) require the insurer to clarify the terms of the carrier's compulsory liability insurance, their rights and obligations under the contract of compulsory liability insurance of the carrier;

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

3) use the services of an independent expert to assess the amount of damage caused to the victim's health and (or) property;

4) to get acquainted with the results of the assessment of the amount of damage caused and the calculations of the amount of insurance benefit made by the insurer (including through the insurer's Internet resource) or an independent expert;

5) terminate the carrier's compulsory liability insurance contract ahead of schedule (this right applies only to the policyholder);

5-1) apply to the insurer, taking into account the specifics provided for in Article 24-1 of this Law, or to the insurance ombudsman or to the court to resolve issues arising from the carrier's compulsory liability insurance contract;

6) send the application and the attached documents to the insurance Ombudsman (directly to the insurance Ombudsman, including through his online resource, or through the insurer, including its branch, representative office, other separate structural unit, Internet resource), taking into account the specifics provided by the Law of the Republic of Kazakhstan "On Insurance Activities";

7) receive an insurance payment in the cases provided for by this Law.

The contract of compulsory liability insurance of the carrier may provide for other rights of the policyholder (insured) that do not contradict the laws of the Republic of Kazakhstan.

2. The Policyholder is obliged to:

1) upon conclusion of the contract of compulsory liability insurance of the carrier, provide the insurer with the information necessary for entering into the contract of compulsory liability insurance of the carrier in accordance with this Law;

2) pay insurance premiums in the amount, procedure and terms established by the contract of compulsory liability insurance of the carrier;

3) immediately, but no later than three working days, as soon as he becomes aware of the occurrence of an insured event, notify the insurer in an accessible way (orally, in writing). The oral communication must be subsequently confirmed in writing (within seventy-two hours). In cases where the policyholder and the Insured are not the same person, the obligation to inform the insurer of the occurrence of an insured event is assigned to the insured. If the policyholder (insured) was unable to perform the specified actions for valid reasons, he must document this.;

4) upon the occurrence of an insured event, take reasonable and affordable measures in the circumstances to prevent or reduce possible losses, including measures to save property and provide assistance to injured persons;

5) inform the relevant authorities, based on their competence (subdivisions of the authorized body for ensuring road safety, state fire service bodies, ambulance service, emergency services) about the insured event and the injured persons;

6) draw up a transport insurance case report;

7) ensure that the right to reverse the claim against the person responsible for the occurrence of the insured event is transferred to the insurer.

The contract of compulsory liability insurance of the carrier may provide for other obligations of the policyholder that do not contradict the laws of the Republic of Kazakhstan.

3. The obligations of the policyholder specified in subitems 4), 5) and 7) of paragraph 2 of this Article shall be imposed on the person who was directly driving the vehicle at the time of the insured event.

The Law of the Republic of Kazakhstan dated July 1, 2003 No. 444.

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

President

Republic of Kazakhstan

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