What should I do if I disagree with the damage assessment to my vehicle made by the insurance company?

    The Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market

    Question

    What should I do if I disagree with the damage assessment to my vehicle made by the insurance company?

    Answer

    According to paragraph 5 of Appendix 2 to Resolution No. 14, any dispute regarding the calculation of the amount of damage by the victim (beneficiary) or their representatives shall be resolved in accordance with Article 29-1 of the Law on Compulsory Insurance of Civil Liability of Vehicle Owners.

    Thus, paragraph 1 of Article 29-1 of the above-mentioned Law provides that in the event of a dispute arising from a contract of compulsory civil liability insurance of vehicle owners, the policyholder (victim, beneficiary) has the right to submit a written application either directly to the insurance ombudsman (including via the ombudsman’s website) or through the insurer (including via its branch, representative office, other structural unit, or its website), or to apply to the court for dispute resolution arising from the insurance contract, taking into account the specifics set forth in the Law on Insurance Activities.

    Therefore, an insurance ombudsman operates in the insurance market of the Republic of Kazakhstan, who is an independent authority tasked with the resolution of relationships and out-of-court settlement of disputes between policyholders and insurance organizations arising from insurance contracts.

    The insurance ombudsman conducts independent assessments, including through the use of software tools.

    For citizens, applying to the insurance ombudsman is free of charge, and the ombudsman’s decisions are binding for insurance companies.

    Please note that under paragraph 5 of Article 90 of the Law on Insurance Activities, filing a lawsuit in court is only permitted after a decision from the insurance ombudsman has been obtained.

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