Lawyer Lawyer in Almaty on invalidation of the results of the assessment of the amount of damage, consideration of claims for recovery of insurance benefits.
Zhanna (hereinafter referred to as the Plaintiff) filed claims with the Bostandyk District Court of Almaty against the Defendants Almaz, Bakhytkul (Hereinafter referred to as the Defendants) and a Third Party, the Insurance Company Joint Stock Company (hereinafter referred to as the Insurance Company), which does not make independent claims on the subject of the dispute. The PLAINTIFF'S CLAIMS are: 1) for the recovery of material damage; 2) for the recovery of the amount of loss of commodity value. Thus, the Plaintiff owns a Toyota Camry car, GRNZ ..... AAZ 1…. By a decree of the Specialized Interdistrict Administrative Court of Almaty dated January 20, 20, Beken was found guilty of committing an administrative offense under Article 610 of Part 2 of the Code of the Republic of Kazakhstan "On Administrative Offenses" and subjected to administrative punishment. This resolution established that on January 03, 20..., at about 05:10 a.m. in Almaty, Beken was driving a BMW 530 GNRZ 0... RRI 0.. vehicle, moving along the street. Bukhar-Zhyrau in the western 2 direction opposite house No. 2 in the MKR.Koktem-3, having failed to correct the steering, collided with a Ford GNRZ 3... AWA 1... vehicle and a Toyota Camry GNRZ 7... AAZ 1... vehicle under control.D.V. As a result of a traffic accident, the vehicles suffered mechanical damage and material damage. The defendant's civil liability at the time of the accident was insured by JSC Insurance Company on the basis of a compulsory insurance contract for civil liability of vehicle owners. JSC "insurance company" recognized the specified accident as an insured event. According to the damage report (calculation) No. 5818...., the cost of repair and restoration work on the plaintiff's vehicles is 1,594,161 tenge. JSC "Insurance company" made an insurance payment to the plaintiff in the amount of 1,590,600 tenge. The plaintiff appealed to the court, stating that according to the certificate from Toyota Tsusho Kazakhstan Auto LLP, her car was purchased from an authorized dealer on May 23, 2018 and was under warranty service at the time of the accident. If the car is not repaired by an authorized dealer, the car is removed from warranty. In accordance with the invoice for payment No. ZW20000... dated January 23, 2020, the amount of restoration repairs, taking into account the discount, is 2,732,849 tenge, 52,000 tenge was paid to the car dealership for damage assessment, vehicle suspension, tow truck services, and other works for a full inspection. On February 25, 2020, she purchased a used left rear axle (original) for 62,000 tenge, the cost of which is 48,829 tenge lower than indicated in the car dealership's invoice. Her car was purchased in 2018 and its wear is 6%. According to the conclusion of specialist No. 021-20I on determining the amount of loss of commodity value of a vehicle as a result of accidental damage and subsequent repair impacts, the amount of loss of commodity value amounted to 395,200 tenge, appraiser services amounted to 35,000 tenge. Her car also had a film to protect the paintwork, which was damaged as a result of the accident. On February 24, 2020, Avtoblesk was provided with a payment invoice in the amount of 141,000 tenge for a new film. In total, she suffered material damage in the amount of 1,716,620 tenge. In this regard, she asks the court to recover jointly and severally from the defendants in her favor the amount of: The amount of material damage in the amount of 1,716,620 tenge; the amount of costs related to the proceedings in the amount of 130,000 tenge; the amount of the state fee paid when filing a claim in the amount of 17,166 tenge. The plaintiff also filed a motion for reimbursement of expenses for the activities of a private bailiff in the amount of 53,020 tenge.
Lawyer Lawyer in Almaty on invalidation of the results of the assessment of the amount of damage, consideration of claims for recovery of insurance benefits.
The defendants provided a written response to the claim. The reasons for the review are identical to the explanations given. The plaintiff stated the arguments of the claim at the hearing, supported the stated claims, and insisted on their full satisfaction. The defendants partially acknowledged the claims at the hearing, explaining that the cost of repairing the plaintiff's car amounted to 1,594,161 tenge, the insurance company made an insurance payment in the amount of 1,590,600 tenge. He believes that the plaintiffs' claims for damages, according to the car dealership's account, are not substantiated, the plaintiff has not filed a claim for invalidation of the assessment results, therefore, the difference between the amount of insurance payment and the amount of damage is 3,561 tenge, which the defendants acknowledge. The defendants fully recognize the claims regarding the recovery of the loss of the trademark in the amount of 395,200 tenge, including the costs of assessment. The requirements for the film to protect the paintwork are not recognized, since these costs have already been included in the assessment report and paid for by the insurance company. The requirements for payment of the representative's services and payment of the state fee are recognized in an amount proportional to the satisfied requirements. He believes that the plaintiff is abusing his rights and trying to take advantage of the current situation. The representative of the third party in court explained that the insurance company recognized the accident as an insured event, an assessment was carried out and the maximum amount of insurance was paid. On demand No. 1: In accordance with Article 917 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code), damage (property and/or non-property) caused by unlawful actions /omissions/ property or non-property benefits and rights of citizens and legal entities is subject to compensation by the person who caused the damage in full. It was established that JSC "insurance company" conducted an assessment of the damage caused to the plaintiff's car. So, according to the damage report No. 5818.... dated February 03, 2020, the value of the amount of damage caused to the owner of the Toyota Camry GRNZ 7.. A.. 1.., is 1,594,161 tenge. The insurance company has made an insurance payment in the amount of 1,590,600 tenge. The difference between the amount of the insurance payment and the amount of damage is 3,561 tenge. When filing a lawsuit, the plaintiff refers to the data of Toyota Tsusho Kazakhstan Auto LLP - invoice for payment No. ZW20000.... dated January 23, 2020, according to which the amount of restoration repairs, taking into account the discount, is 2,732,849 tenge.
However, the court cannot recognize these arguments of the claim as justified on the following grounds. As mentioned above, JSC Insurance Company conducted an assessment of the damage caused to the plaintiff's car. So, according to the report on the amount of damage No. 5818... dated February 03, 2020, the cost of the amount of damage caused to the owner of Toyota Camry, GRNZ 7.. AAZ 1.., is 1,594,161 tenge. Based on this report, the insurance company made an insurance payment in the amount of 1,590,600 tenge. According to paragraph 5-1 of Article 18 of the Law of the Republic of Kazakhstan "On Compulsory insurance of civil liability of vehicle owners" (hereinafter referred to as the Law), the victim has the right to: contact the insurer, taking into account the specifics provided for in Article 29-1 of this Law, or the insurance ombudsman or the court to resolve issues arising from the contract of compulsory liability insurance of vehicle owners. According to the provisions of Article 29-1 of the Law, if there is a dispute arising from a contract of compulsory liability insurance for vehicle owners, the policyholder (victim, beneficiary) has the right to: send to the insurer (including through a branch, representative office, online resources of the insurer) a written statement indicating the requirements and attaching documents confirming his claims, or send an application to the insurer to the Ombudsman (directly to the insurance Ombudsman, including through his online resource, or through the insurer, including its branch, representation) or to the court to settle disputes arising from the contract of compulsory liability insurance of vehicle owners. Upon receipt of an application from the policyholder (victim, beneficiary), the Insurer shall review and provide a written response within five working days indicating the further procedure for resolving the dispute. If the policyholder (victim, beneficiary) applies to the insurance ombudsman, the insurer is obliged, at the request of the policyholder, victim (beneficiary), insurance Ombudsman, to submit documents related to the consideration and resolution of the dispute within three working days from the date of receipt of the request.
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