A road traffic accident (RTA) is a stressful situation for all parties involved. Regardless of driving experience, any driver may become involved in a traffic accident.
Proper and timely actions after an accident help ensure the safety of road users, preserve evidence necessary to establish the circumstances of the accident, provide prompt medical assistance to injured persons, and facilitate the processing of insurance compensation.
This material contains information on the procedures to be followed by parties involved in a traffic accident, the cases in which simplified accident reporting (European Accident Statement / Europrotocol) may be used, the rights and obligations of the parties involved, and the procedure for obtaining insurance compensation in accordance with the legislation of the Republic of Kazakhstan.
If a traffic accident was documented by police officers and the actions of the parties involved contain indications of an administrative offense, the case materials are referred to the authorized body or court for consideration in accordance with their jurisdiction.
Persons participating in administrative offense proceedings have the right to:
Participants in the proceedings are notified of the time and place of the hearing in accordance with the procedure established by law.
A driver involved in a traffic accident must:
• stop the vehicle immediately and do not move it
until the incident is registered, unless otherwise provided by law;
• Turn on the emergency light alarm;
• put up an emergency stop sign in accordance with the requirements of the Traffic Regulations;
• Take measures to ensure road safety
and warn other road users about the danger.;
• if there are victims, immediately call an ambulance at 103 or through the unified emergency number 112, provide first aid within the limits of available skills and capabilities.;
• if necessary, take the victim to the nearest medical facility if waiting for an ambulance poses a threat to his life, and then return to the scene of the accident.;
• take measures to preserve traces of an accident and other evidence;
• write down the contact details of the witnesses (if any);
• report an accident to the police if registration of the incident is not possible in a simplified manner.
If the movement of other vehicles is impossible, the driver has the right to clear the roadway after preliminary photo and video recording of the position of the vehicles, signs of braking, damage and other circumstances of the incident, allowing to reliably establish the mechanism of the accident.
To simplify the procedure for reporting traffic accidents, the Republic of Kazakhstan applies the Europrotocol mechanism, which allows a road traffic accident to be reported without the involvement of police officers.
Simplified reporting is permitted only if all of the following conditions are met simultaneously:
The accident is reported through the Europrotocol mobile application, with the parties entering the required information.
Upon completion of the reporting process, the information is automatically forwarded to the insurers for a decision regarding insurance compensation.
When an accident is reported under the Europrotocol procedure, no administrative proceedings are initiated for violations of traffic regulations, and no administrative liability is imposed on the parties involved.
Calling police officers is mandatory if:
Before the police arrive, the parties are advised to preserve the accident scene, ensure road safety, and prepare their identification documents, driver's license, vehicle registration certificate, and insurance policy.
Upon receiving a report of a road traffic accident, police officers immediately arrive at the scene to ensure road safety, assist the parties involved, and prepare the necessary documentation in accordance with the legislation of the Republic of Kazakhstan.
Depending on the circumstances of the accident, police officers:
Before signing any procedural documents, the parties are advised to carefully review their contents. If they disagree with the stated circumstances, they have the right to provide comments and explanations, which must be attached to the case materials.
A road traffic accident (RTA) is an event that occurs during the movement of a vehicle on a road and involving that vehicle, resulting in death or injury to people, damage to vehicles, structures, cargo, or other material losses.
The main types of road traffic accidents include:
A medical examination is conducted in cases provided for by the legislation of the Republic of Kazakhstan to determine whether a person is under the influence of alcohol, narcotic drugs, or toxic substances.
The examination is carried out by medical professionals in state medical institutions in accordance with the procedures established by the Ministry of Health of the Republic of Kazakhstan.
Grounds for referral to a medical examination may include visible signs of intoxication or other circumstances provided for by law.
Refusal to undergo a medical examination upon the lawful request of a police officer entails administrative liability as established by the Code of the Republic of Kazakhstan on Administrative Offenses.
If a violation of traffic regulations results in moderate or serious bodily harm to a person, or causes the death of a person, the responsible individual shall bear criminal liability in accordance with the Criminal Code of the Republic of Kazakhstan.
Depending on the severity of the consequences, the court may impose:
Criminal liability for violations of traffic regulations is provided for, in particular, under Articles 345 and 345-1 of the Criminal Code of the Republic of Kazakhstan.
To obtain insurance compensation, the injured party must apply to the insurance company that provides motor third-party liability insurance coverage for the person responsible for the accident, or to their own insurance company in cases provided for by law.
The application must be accompanied by the documents required under the Law of the Republic of Kazakhstan “On Compulsory Motor Third-Party Liability Insurance of Vehicle Owners.”
The insurance company shall:
The insurer is not entitled to require documents that are not provided for by law.
Insurance compensation must be paid within the time limits established by the legislation of the Republic of Kazakhstan.
If the payment deadlines are violated, the insurance company bears liability in accordance with the law.
If the amount of damage exceeds the maximum insurance compensation established by law, the difference may be recovered from the person responsible through civil court proceedings.
To protect your rights, it is recommended to:
The issue of detaining a vehicle and placing it in a specialized impound lot is decided in cases provided for by the legislation of the Republic of Kazakhstan.
A vehicle may be placed in an impound lot only when there are legal grounds established by law.
If the vehicle does not obstruct traffic and there are no legal grounds for detention, it shall not be placed in an impound lot.
After an insured event occurs, the injured party has the right to apply to an insurance company for compensation.
The insurance company arranges an assessment of the damage in accordance with the legislation of the Republic of Kazakhstan.
For the assessment to be carried out, the damaged vehicle must be presented to the insurer or an independent expert within the time limits established by law.
The assessment includes:
The injured party has the right to review the assessment results.
If the injured party disagrees with the assessed amount of damage, the dispute may be resolved in accordance with the procedures established by the legislation of the Republic of Kazakhstan.
When an insured event occurs, the insurance company should be notified of the accident as soon as possible.
To receive an insurance payment, the injured party must submit the documents required by the Law of the Republic of Kazakhstan “On Compulsory Motor Third-Party Liability Insurance of Vehicle Owners.”
The insurance company is not entitled to require documents that are not provided for by law.
After receiving the complete set of documents, the insurer reviews the application, arranges a damage assessment if necessary, and decides whether to make an insurance payment or refuse payment, stating the reasons for such refusal.
Insurance payments are made within the time limits established by the legislation of the Republic of Kazakhstan.
In the event of a violation of these deadlines, the insurance company bears responsibility in accordance with the legislation of the Republic of Kazakhstan.
The absence of compulsory motor third-party liability insurance on the part of the person responsible for the accident does not deprive the injured party of the right to compensation for damages.
In such cases, compensation is provided in accordance with the civil legislation of the Republic of Kazakhstan.
If necessary, the amount of damage may be determined through an independent assessment and recovered through court proceedings.
The legislation of the Republic of Kazakhstan provides for administrative liability for violations of traffic regulations that result in a road traffic accident.
Depending on the nature of the offense committed, the following administrative penalties may be imposed:
The most common violations include:
The severity of the administrative penalty is determined taking into account the nature of the offense, its consequences, the offender’s personality, and other circumstances provided for by law.