Article 23. The right of a claim to the person who caused harm to the Law On Compulsory Insurance of Civil Liability of the Carrier to Passengers
1. An insurer who has made an insurance payment has the right to claim back against the policyholder (insured) within the amount paid in the following cases::
1) the civil liability of the policyholder (insured) has occurred as a result of his deliberate actions aimed at causing an insured event or contributing to its occurrence, with the exception of actions committed in a state of necessary defense and extreme necessity;
2) the civil liability of the policyholder (insured) has occurred as a result of driving a vehicle under the influence of alcohol, drugs or substance abuse;
3) the person driving the vehicle did not have the right to drive it;
4) during the court proceedings, it was established that the insured event occurred as a result of technical malfunctions of the vehicle, which the policyholder (insured) knew or should have known about.;
5) using the vehicle for purposes not specific to its technical purpose;
6) in case of deliberate failure by the policyholder (insured) to take measures to reduce losses from the insured event.
2. If, in the cases listed in paragraph 1 of this Article, the culprit of the damage caused is the person operating the vehicle by virtue of an employment relationship with its owner or in the presence of its owner without making a written transaction, the insurer has the right to reverse the claim against the owner of the vehicle.
3. The insurer who has made the insurance payment shall have, within the limits of the amount paid by him, the right of a counterclaim that the policyholder (insured) has against the person responsible for losses reimbursed by the insurer as a result of insurance.
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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