Article 18. The rights of the victim of the Law On Compulsory Insurance of Civil Liability of Vehicle Owners

Home / RLA / Article 18. The rights of the victim of the Law On Compulsory Insurance of Civil Liability of Vehicle Owners

1. The victim has the right:

1) inform the insurer about a traffic accident, as a result of which he was harmed by the policyholder (insured);

2) instead of the policyholder (insured), collect the documents necessary for the insurance payment and submit them to the insurer;

3) excluded by the Law of the Republic of Kazakhstan dated 10.01.2018 No. 134-VI (effective six months after the date of its first official publication);

3-1) use the services of any medical institution;

4) to get acquainted with the results of the insurer's determination of the amount of damage caused and the insurance payment;

4-1) apply in writing to the insurer of the person guilty of causing harm to the life, health and (or) property of the victim, to confirm information about the existence 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) of this person in accordance with the procedure provided for in subparagraph 5-1) of Article 17 of this Law.;

4-2) apply in writing to the organization for the formation and maintenance of a database on the submission of information on the presence or absence 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) of the person guilty of causing harm to the life, health and (or) property of the victim, if there is a document confirming the insured event.;

5) receive an insurance payment, as well as compensation for the damage caused in accordance with the procedure provided for in Article 26-1 of this Law;

5-1) 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 his online resource, or through the insurer, its branch, representative office);

7) to file a claim for compensation of the damage caused to the owner of the vehicle in the amount exceeding the amount of the damage caused over the amount of the insurance payment received.

2. In the cases provided for by this Law, the rights of the victim established by paragraph 1 of this article shall be transferred to other persons acting as beneficiaries.

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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