Article 16. Rights and obligations of the policyholder (insured) The Law on Compulsory Insurance of Civil Liability of Vehicle Owners

Home / RLA / Article 16. Rights and obligations of the policyholder (insured) The Law on Compulsory Insurance of Civil Liability of Vehicle Owners

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

1) require the insurer to clarify the terms of compulsory liability insurance for vehicle owners, their rights and obligations under the contract of compulsory liability insurance for vehicle owners;

2) request from the organization for the formation and maintenance of the database information on the availability in the database of information on the contract of compulsory liability insurance of vehicle owners and the insured event (traffic accident) under it (this right in terms of requesting information on the insured event (traffic accident) also applies to the beneficiary);

3) to get acquainted with the results of determining the amount of damage caused by the insurer and the insurance payment made by the insurer, including through the insurer's Internet resource;

4) prematurely terminate the contract of compulsory liability insurance for vehicle owners (this right applies only to the policyholder);

5) apply to the insurer, taking into account the specifics provided for in Article 29-1 of this Law, or to the insurance ombudsman or to the court to resolve issues arising from the contract of compulsory liability insurance of vehicle owners;

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, online resource);

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

The contract of compulsory liability insurance of vehicle owners 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) when concluding a compulsory liability insurance contract for vehicle owners, provide the insurer with information about yourself, each insured person included in the insurance policy, vehicle(s), double insurance, seasonal operation of the vehicle, temporary entry into the territory of the Republic of Kazakhstan and the right to reduce the amount of the insurance premium and other information necessary to be included in the application, and copies of documents confirming the information specified in the application, in accordance with the procedure provided for by this Law.;

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

3) immediately, but no later than five working days, as soon as he becomes aware of the occurrence of a traffic accident, notify the insurer with whom the compulsory liability insurance contract for vehicle owners has been concluded in writing (on purpose or by exchanging electronic information resources). 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 these actions for valid reasons, he must document this.;

4) when committing a traffic accident, inform the victims and employees of the authorized body for ensuring road safety of the name of the insurer with whom the contract of compulsory liability insurance of vehicle owners has been concluded.;

5) in case of a traffic accident, 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.;

6) inform the relevant authorities and organizations based on their competence (subdivisions of the authorized body for road safety, state fire service, ambulance service, emergency services) about the accident and the injured persons;

6-1) in case of a traffic accident, immediately, but no later than two hours after receiving a written referral from an authorized official, undergo a medical examination to establish the fact of using a psychoactive substance and intoxication in accordance with the requirements of the legislation of the Republic of Kazakhstan;

7) Excluded by the Law of the Republic of Kazakhstan dated 07/12/2022 No. 138-VII (effective sixty calendar days after the date of its first official publication).

8) 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 vehicle owners 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), 6) and 6-1) of the first part of paragraph 2 of this Article shall be imposed on the person who was directly driving the vehicle at the time of the traffic accident.

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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