Article 19. Determination of the insured event and the amount of damage caused Chapter 5. Determination of the insured event, the amount of damage caused and the insurance benefit The Law on Compulsory Insurance of civil liability of the carrier to Passengers

Home / RLA / Article 19. Determination of the insured event and the amount of damage caused Chapter 5. Determination of the insured event, the amount of damage caused and the insurance benefit The Law on Compulsory Insurance of civil liability of the carrier to Passengers

Article 19. Determination of the insured event and the amount of damage caused Chapter 5. Determination of the insured event, the amount of damage caused and the insurance benefit The Law on Compulsory Insurance of civil liability of the carrier to Passengers

1. The occurrence of civil liability of the carrier for compensation of damage caused to the life, health and (or) property of passengers during their transportation is recognized as an insured event under compulsory liability insurance of the carrier.

2. Harm caused to the life and health of the victim includes the material expression of harm related to his death, temporary or permanent disability.

The amount of damage caused to the life and health of the victim is determined in accordance with this Law on the basis of documents issued by relevant organizations.

3. Damage to the victim's property includes the cost of the passenger's property lost, missing or damaged (damaged) during transportation, accepted by the carrier for transportation (baggage) and (or) located with (on) the passenger.

In case of loss, shortage and (or) damage (spoilage) of baggage and (or) items in the passenger's possession caused by the carrier's fault, the amount of damage caused is determined as follows:

1) in case of loss or shortage of baggage, as well as items carried by the passenger - in the amount of the cost of the lost or missing baggage and (or) items carried by the passenger;

2) in case of damage (damage) to baggage, as well as items carried by the passenger, in the amount of the amount by which their value has decreased, and if it is impossible to restore damaged baggage, as well as items carried by the passenger, in the amount of their value;

3) in case of loss of baggage delivered for carriage with a declaration of its value - in the amount of the declared value of the baggage.

4. It is the responsibility of the policyholder (insured) to prove the occurrence of the insured event, as well as the extent of the damage caused to the passengers' property during their transportation.

The amount of damage caused as a result of the occurrence of an insured event is determined by the insurer upon a written application from the policyholder or his representative.

5. In case of disagreement with the results of the assessment of the amount of damage caused to property made by the insurer or an independent expert, the policyholder (insured) or the victim has the right to contact another independent expert to assess the amount of damage. In this case, the costs incurred by the policyholder (insured) or the victim are reimbursed by the insurer, regardless of the insurance payment, if the insurer recognizes or the court establishes the validity and objectivity of the assessment.

6. If the insurer or an independent expert has not performed the necessary inspection of the lost, missing or damaged (damaged) property and assessed the amount of damage caused to the property within seven working days after receiving the notification of the occurrence of the insured event, with the preparation of an insurance report, the policyholder (insured) or the victim has the right to use the services of an independent expert and to begin the restoration (disposal) of property. At the same time, the insurer has no right to challenge the results of the assessment of the amount of damage caused to the property, unless it proves that the impossibility of timely assessment of the damaged (destroyed) property is due to valid reasons (death, illness of the owner of the property) or the fault of the policyholder (insured) or the victim associated with evasion from presenting the property for assessment.

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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