Article 28. The right of a reverse claim against a person who has caused harm to the Law On Compulsory Insurance of Civil Liability of Vehicle Owners

Home / Laws / Article 28. The right of a reverse claim against a person who has caused harm to the Law On Compulsory Insurance of Civil Liability of Vehicle Owners

1. An insurer who has made an insurance payment has the right to claim back against the policyholder (insured) within the amount paid in cases where:

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 at the time of the accident 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) the vehicle is used for purposes not peculiar to its technical purpose;

6) the policyholder (insured) intentionally failed to take measures to reduce losses from the insured event;

7) the person driving the vehicle left the scene of the accident in which he was a participant, except if this fact was related to the provision of medical assistance to the victim.;

8) a person driving a vehicle and sent for an examination to establish the fact of using a psychoactive substance and intoxication has not passed such an examination without valid reasons.

2. If, in the cases listed in paragraph 1 of this Article, the person responsible for the damage caused is the person specified in subitems 1) and 2) of paragraph 5 of Article 11 of this Law, the insurer has the right to claim back against the policyholder (insured).

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. At the same time, if it is established that the insured event occurred due to road conditions caused by unsatisfactory maintenance of highways and structures on them, the insurer who made the insurance payment shall transfer the right of claim that the vehicle owner has against the person responsible for creating such conditions.

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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