Civil-legal liability of carrier to passengers
Carrier insurance
Compulsory insurance of civil-legal liability of carrier to passengers is carried out in accordance with the Law of the Republic of Kazakhstan “On compulsory insurance of civil-legal liability of carrier to passengers”.
The facility of compulsory insurance of civil-legal liability of carrier to passengers includes the property interest of a carrier related to its obligation established by the civil legislation of the Republic of Kazakhstan to reimburse harm caused to life, health and (or) property of passengers during transportation thereof.
Transportation of passengers by a carrier without concluded compulsory carrier’s liability insurance agreement is prohibited.
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Insurance risks
Insurance event under compulsory carrier’s liability insurance of carrier is the fact of occurrence of civil-legal liability of carrier for reimbursement of harm caused to life, health and (or) property of passengers during transportation thereof.
Harm caused to life and health of affected person includes material expression of harm related to its death, temporary or permanent loss of labor capacity.
Harm to affected persons’ property includes the cost of lost, missing or damaged (spoiled) during transportation of passenger’s property accepted by carrier for transportation (baggage) and (or) located with (on) passenger.
Insurance premium
When carrying out compulsory carrier’s liability insurance the following amounts of annual insurance premiums per vehicle unit are established (in monthly calculation indices):
|
№ |
Motor vehicle |
Amount of annual insurance premium in MCI |
|
1 |
1) light vehicle, buses, microbuses: up to 4 passenger seats inclusive; over 4, up to 7 passenger seats inclusive; over 7, up to 16 passenger seats inclusive; over 16, up to 30 passenger seats inclusive; over 30 passenger seats; 2) trams, trolleybuses |
3 5 11.5 16 23 7 |
|
2 |
1) air crafts: up to 50 passenger seats inclusive; over 50, up to 120 passenger seats inclusive; over 120, up to 200 passenger seats inclusive; over 200 passenger seats; 2) helicopters |
400 990 2180 3820 135 |
|
3 |
Marine up to 50 passenger seats inclusive; over 50, up to 100 passenger seats inclusive; over 100, up to 150 passenger seats inclusive; over 150, up to 300 passenger seats inclusive; over 300 passenger seats; |
50 100 150 300 530 |
|
4 |
Internal water up to 50 passenger seats inclusive; over 50, up to 100 passenger seats inclusive; over 100, up to 150 passenger seats inclusive; over 150, up to 300 passenger seats inclusive; over 300 passenger seats; |
17.5 35 50 90 160 |
Amount of insurance premium under compulsory liability insurance of carrier engaged in railway transportation is 0.2 percent of amount of income of sold services on transportation of passengers and their property, received (to be received) by a carrier, on the territory of the Republic of Kazakhstan during the period of validity of agreement of liability insurance of carrier, is paid in the form of monthly premiums from income received (to be received) for a month.
Insurance payments
The maximum amount of liability of the insurer for one insured event (sum insured) is (in monthly calculation indices):
for harm caused to the life and health of each victim and resulting in:
- death – 5,000;
- determination of disability:
- first group – 5,000;
- second group – 3,500;
- third group – 2,500;
- child with disabilities – 5,000;
- mutilation, injury or other damage to health without establishing disability – in the amount of actual expenses for outpatient and (or) inpatient treatment, but not more than 200;
- for damage caused to the property of each victim – in the amount of damage caused, but not more than 250.
To calculate the amount of the insurance payment, the monthly calculation indicator established in accordance with the legislative act of the Republic of Kazakhstan on the day of the insurance payment is used.
Deductible
Deductible under compulsory carrier’s liability insurance agreement is five-fold amount of monthly calculation index per one insurance event and per each affected person. In cases when amount of caused harm exceeds the established amount of deductible, insurance payment shall be made in full amount.
Insurance payment for harm caused to life and health of affected person shall be paid without applying a deductible.