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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of January 28, 2016 No. 14

About approval of Rules of determination of the extent of the harm done to the vehicle

(as amended on 12-02-2021)

According to the Law of the Republic of Kazakhstan of July 1, 2003 "About compulsory insurance of civil responsibility of owners of vehicles" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of determination of the extent of the harm done to the vehicle.

2. To department of methodology of control and supervision (Abdrakhmanov N. A.) in the procedure established by the legislation of the Republic of Kazakhstan to provide:

1) together with Legal support department (Sarsenov N. V.) state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) the direction of this resolution in the republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan":

on official publication in information system of law of Ad_let within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan;

for inclusion in the State register of regulatory legal acts of the Republic of Kazakhstan, Reference control bank of regulatory legal acts of the Republic of Kazakhstan within ten calendar days from the date of its obtaining by National Bank of the Republic of Kazakhstan after state registration in the Ministry of Justice of the Republic of Kazakhstan;

3) placement of this resolution on official Internet resource of National Bank of the Republic of Kazakhstan after its official publication.

3. To department of the international relations and public relations (Kazybayev A. K.) provide the direction of this resolution on official publication in periodic printed publicity materials within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan.

4. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Smolyakov O. A.

5. This resolution becomes effective after ten calendar days after day of its first official publication.

Chairman of National Bank

D. Akishev

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of January 28, 2016 No. 14

Rules of determination of the extent of the harm done to the vehicle

1. General provisions

1. These rules of determination of the extent of the harm done to the vehicle (further - Rules), are developed according to the Law of the Republic of Kazakhstan of July 1, 2003 "About compulsory insurance of civil responsibility of owners of vehicles" and establish single approaches and methods to determination of the extent of the harm done to the vehicle within the agreement of compulsory insurance of civil responsibility of owners of vehicles, except for compensations of moral harm and lost profit of the victim, including loss of commodity property value, and also compensation of penalty in connection with violation by the victim of delivery dates of goods or works (rendering services), other its contract obligations (agreements).

2. In Rules the following concepts are used:

1) the insurer – the insurance company, branch of the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan performing activities for the conclusion and execution of insurance contracts based on the corresponding license of authorized body;

2) the original component - the original automobile component (detail, node, the aggregate, material) checked and certified by the manufacturer of the vehicle;

3) analog of the original component - the automobile component (detail, node, the aggregate, material) identical or corresponding in the parameters to the original component.

3. Calculation of the extent of the harm done to the vehicle is performed by the insurer within 10 (ten) working days based on the statement for determination of the extent of the harm done to property in form according to appendix 1 to Rules. At the same time survey of the damaged vehicle is performed by the insurer and (or) the authorized person of the insurer of acting on the basis of the agreement of the order signed with the insurer within 2 (two) working days following behind day of representation by the injured (beneficiary) or the insurer (insured) of the statement for determination of the extent of the harm done to property and drawn up by creation of the inspection report in any form containing data, stipulated in Item 7 Rules.

The injured (beneficiary) or their representative to whose vehicle harm is done from the date of representation by it or the insurer (insured) of the statement for determination of the extent of the harm done to property specified in part one of this Item of Rules keeps the damaged property in such condition in what it was after transport incident, and gives opportunity to the insurer to make calculation of the extent of harm.

4. The organization of calculation of the extent of the harm done to the vehicle includes the following stages:

1) fix and time of carrying out survey of the damaged vehicle under approval of the insurer (insured) or injured (beneficiary) or their representative and the insurer;

2) survey of the damaged vehicle and creation of the inspection report;

3) creation of calculation of the extent of harm of the damaged vehicle.

5. If the insurer does not organize at the scheduled time calculation of the extent of harm, the injured (beneficiary) or their representatives independently address services of the estimative organization and begin recovery work (utilization) of the damaged vehicle. Results of determination by the estimative organization of the extent of the harm done to the vehicle are accepted by the insurer for implementation of insurance payment to the injured (beneficiary) or their representative.

Costs by calculation of the extent of the harm done to the vehicle are born by the insurer.

6. The extent of the harm done to the vehicle is determined calculated on the basis of the cost of recovery of the damaged vehicle minus depreciation (depreciation) of the vehicle for date of loss occurrence.

The cost of recovery of the damaged vehicle is calculated proceeding from the market prices operating on the date of loss occurrence.

When calculating the extent of the harm done to the vehicle the damages taking place before the considered insured event are not taken into account.

The extent of harm in case of complete death of the vehicle is determined proceeding from its market value for date of loss occurrence.

The vehicle is considered destroyed if its recovery is technically impossible or economically inexpedient. Recovery of the vehicle is considered economically inexpedient if the expected expenses on recovery of the vehicle exceed 80 (eighty) percent from its market value for date of loss occurrence.

In coordination with the injured (beneficiary) or their representatives the insurer on account of insurance payment will organize and performs payment of repair of the damaged vehicle.

In case of death of the vehicle the insurer performs insurance payment in the amount of market value of the damaged vehicle to loss occurrence, at the same time the injured (beneficiary) or their representative transfers remaining balance of the damaged vehicle to the possession of the insurer or performs insurance payment minus the cost of details, nodes, aggregates, materials, suitable for realization.

7. Results of survey of the damaged vehicle are fixed by the inspection report which includes the following data:

date and venue of survey;

data of registration documents of the vehicle;

information about the vehicle owner (surname, name, middle name (in case of its availability) physical person or full name of the legal entity);

data on compliance and (or) discrepancy of identification characteristics and parameters of the vehicle to the data containing in registration documents of the damaged vehicle;

date of damage of the vehicle;

information on vehicle mileage with indication of source of this information;

start date of operation of the vehicle;

data on picking of the vehicle;

information on damages of the vehicle (characteristics of the damaged elements with indication of arrangement, type and extent of the damage), and also preliminary determination of method of rectification of faults;

the defect information of operation of the vehicle, damages of doavariyny nature, traces of earlier made repairs, and also other factors influencing results of calculation of the extent of harm;

preliminary establishment of belonging of damages of the vehicle to the considered road accident;

data on determination of technical condition of the vehicle or its remaining balance;

information on the possible concealed damages (with indication of the approximate location and nature of damages);

information on the tests and elements of the vehicle taken for research (with the description of the reason, type and research purpose);

code of color;

surname, name, middle name (in case of its availability), the signature of person which performed survey of the vehicle;

surnames, names, middle names (in case of their availability), notes and signatures of persons which were present at survey;

date of creation of the inspection report.

Additional sources of information to the inspection report are the photographic materials of the damaged vehicle received taking into account the requirements to carrying out photography of the damaged vehicle established in appendix 2 to Rules.

8. When calculating the extent of the harm done to the vehicle expenses on payment of the following works are considered:

1) metalwork;

2) leveling (R 1, P 2, P 3) on the enlarged indicators of labor costs (the master's time) for performance of works in repair of the structural elements of bodies and plumage made of rolled sheet steel, the elimination of distortions of apertures and bodies of cars of foreign producers established in appendix 3 to Rules;

3) welding;

4) reinforcing;

5) painting;

6) other work types required for carrying out restoring repair, taking into account exception of the crossed transactions.

Determination of labor input of works on repair of body damages, plumage, other nodes, aggregates, systems of the vehicle, and also painting works, is performed by application of specialized programs ("Nami Service", "PS: Complex", "Motor depot", Avtoekspertiza, Avtonorma, "AutoCalc", "EurotaxRepairEstimate", "EurotaxEgis", AUDATEX, MITCHEL).

In case of lack of information on labor input of works in the specialized programs specified in part two of this Item of Rules, labor input of works is performed by application of standard rates of the producer of the vehicle, in case of lack of such information standard rates of the official representatives realizing vehicles in the territory of the Republic of Kazakhstan are applied.

Standard rates of labor inputs on elimination of distortions of apertures of body and distortions of body of cars of foreign producers are established in appendix 4 to Rules.

Determination of possibility of recovery of plastic components is performed by application of requirements of the producer of the vehicle, and in the absence of such information according to recommendations of manufacturers of the vehicle about repair of plastic components, according to appendix 5 to Rules.

9. When calculating the size of the expenses necessary for recovery of the damaged vehicle, the cost of components (details, nodes, aggregates, materials) taking into account the following conditions is accepted:

1) the name of components (details, nodes, aggregates, materials) contains the full name specified in the parts book for specific brand (model, modification) the vehicle constituted by the producer of the vehicle or in the electronic database of cost information concerning components (details, nodes, aggregates, materials) in the absence of such sources - in program and settlement complex or the price list of the supplier of the corresponding components (details, nodes, aggregates, materials), and their unique number assigned by the producer of the vehicle (the spare parts supplier of products (details, nodes, aggregates, materials) or program and settlement complex);

2) when replacing components (details, nodes, aggregates, materials) on new compliance of such products to the requirements established by the producer of the vehicle is necessary.

The damaged components (details, nodes, aggregates, materials) of original equipment manufacturers in the course of repair are replaced with the corresponding components. This condition extends also to the used materials;

3) in the cases provided by the fabrication documentation when replacing separate components (details, nodes, aggregates, materials) need of their replacement taking into account the repair kit which is turning on not only the replaced components (details, nodes, aggregates, materials), and also products which are completely providing fault clearing is considered;

4) in the presence of the recovered components (details, nodes, aggregates, materials) which use is allowed by the producer of the vehicle for the vehicles operated outside guarantee period of the manufacturer such components (details, nodes, aggregates, materials) on condition of observance of the requirement of the subitem 2) of this Item of Rules are used.

10. In case of lack of information on the cost of new original components in the cost databases, parts books specified in the subitem 1) of Item 9 of Rules, the insurer uses information on the cost of analog of the original component when calculating the extent of harm of the damaged vehicle.

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