Article 17. Rights and obligations of the insurer of the Law on Compulsory Insurance of Civil Liability of Vehicle Owners

Home / RLA / Article 17. Rights and obligations of the insurer of the Law on Compulsory Insurance of Civil Liability of Vehicle Owners

1. The Insurer has the right:

1) when concluding a contract of compulsory liability insurance for vehicle owners, in addition to the information provided for by the Civil Code of the Republic of Kazakhstan, require the policyholder to provide the information necessary for entering into such a contract in accordance with this Law;

2) request from the relevant state bodies and organizations, based on their competence, documents confirming the occurrence of an insured event (a traffic accident) and the amount of damage caused to the victim;

3) to establish the causes and other circumstances of a traffic accident;

4) (deleted - No. 244 dated 05/07/2007);

5) to present the right of a counterclaim to the person responsible for causing harm in the cases provided for in Article 28 of this Law.;

6) to refuse to make insurance payments, as well as compensation for damage caused in accordance with the procedure provided for in Article 26-1 of this Law, in whole or in part on the grounds provided for in Article 29 of this Law.

The contract of compulsory liability insurance of vehicle owners may provide for other rights of the insurer that do not contradict the civil legislation of the Republic of Kazakhstan.

2. The Insurer is obliged to:

1) to acquaint the policyholder (insured) with the terms of compulsory liability insurance for vehicle owners, including the rights and obligations of the parties arising from the contract of compulsory liability insurance for vehicle owners;

2) upon conclusion of the contract of compulsory liability insurance for vehicle owners, issue an insurance policy to the policyholder (insured);

3) excluded by the Law of the Republic of Kazakhstan dated 12/30/2009 No. 234-IV (for the procedure of entry into force, see art. 2);

4) provide benefits for the payment of the insurance premium to the persons specified in the first part of paragraph 1 of Article 20 of this Law;

5) upon notification of a traffic accident committed during the period of insurance coverage under the contract of compulsory liability insurance of vehicle owners, immediately register it and submit information on this traffic accident to the organization for the formation and maintenance of a database in accordance with the regulatory legal act of the authorized body;

5-1) within a working day from the date of receipt of a written request from the victim or a person who, according to the laws of the Republic of Kazakhstan, has the right to compensation for damage in connection with the death of the victim, submit in writing information on the conclusion of a compulsory liability insurance contract for vehicle owners (surname, first name, patronymic (if it is indicated in the identity document) the policyholder, the state registration number of the vehicle, the number and date of the conclusion) by the policyholder, who is the culprit of the traffic accident, if there is a document, confirming the insured event;

6) within the time limits and in accordance with the procedure established by this Law, upon application for determining the amount of damage caused to property, the policyholder (insured) or the victim (beneficiary) or their representatives, calculate the amount of damage caused to property and submit a report on the amount of damage for familiarization to the beneficiary;

6-1) if there are insufficient documents confirming the occurrence of the insured event and the amount of damage to be reimbursed by the insurer, inform the applicant about this within three working days from the date of their receipt, indicating the full list of missing and (or) incorrectly executed documents.;

7) upon the occurrence of an insured event, make an insurance payment in the amount, procedure and terms established by this Law.;

7-1) when applying in writing for compensation for the damage caused in accordance with the procedure provided for in Article 26-1 of this Law, make compensation for the damage caused in the amount, procedure and time limits established by this Law.;

7-2) upon receipt of an application from the policyholder (victim, beneficiary) for consideration of a dispute arising from a contract of compulsory liability insurance for vehicle owners, consider the claims of the policyholder (victim, beneficiary) and provide a written response indicating the further procedure for resolving the dispute within five working days;

7-3) upon receipt of an application from the policyholder (victim, beneficiary) sent to the Insurance Ombudsman, forward this application, as well as the documents attached to it, to the Insurance Ombudsman within three working days from the date of receipt;

7-4) upon receiving the information provided for in paragraph 5 of Article 9 of this Law, take measures to resolve the insured event in accordance with the procedure established by the regulatory legal act of the authorized body.

8) reimburse the policyholder (insured) for the expenses incurred by him in order to prevent or reduce losses in the event of an insured event;

9) ensure the secrecy of insurance.

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

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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