Hit by another driver: their insurer must answer you within three months

In short

If another vehicle hit you, you can claim compensation directly from its insurer.

• Within three months of the claim, it must make you a reasoned offer or give you a reasoned reply; otherwise interest is due.
• Submit the claim in writing and keep proof of the date.
• For an uninsured or unknown vehicle there is a special compensation body.

After an accident you did not cause, waiting for compensation can be the most tiring part. The European directive on motor liability insurance (2009/103/EC) gives the injured party two important tools, which every member state, Cyprus included, must apply.

1. Directly to the at-fault driver’s insurer

As the injured party you have the right to claim directly against the insurer of the vehicle that caused the accident (Article 18). You do not need to wait for the other driver to “report it”.

2. An answer within three months

Within three months of the day you submitted your claim, the at-fault driver’s insurer (or its claims representative) must (Article 22):

• make you a reasoned offer of compensation, when liability is not disputed and the damage has been quantified, or
• give you a reasoned reply to the points in your claim, when it denies liability, when liability has not been clearly determined or when the damage has not been fully quantified.

If the offer is not made within the three months, the directive provides that interest is payable on the compensation. The rule applies to every accident involving an insured vehicle, not only accidents abroad.

What to do, step by step

1. At the scene. If anyone is injured, first help and the police. Photos, registration numbers, the other vehicle’s insurance details, witnesses.
2. Tell your own insurer as well. Even if you are not at fault, your policy usually asks you to report promptly.
3. Submit a written claim to the at-fault driver’s insurer. With the details, the photos and the evidence of the damage. Keep proof of the date you submitted it: the three months run from that date.
4. Note the deadline. Set a reminder for three months later. If you have no offer or reasoned reply, ask for it in writing.
5. If the answer does not satisfy you, complain. In writing to the insurer, and then to the Financial Ombudsman or the Insurance Companies Control Service. See complaints about general insurance.

If the other vehicle was uninsured or could not be traced, there is a special compensation body (in Cyprus, the Motor Insurers’ Fund). If the accident happened in another EU country, you can turn to the claims representative the foreign insurer has in Cyprus.

Questions worth asking

• Who is handling my claim, and what is the reference number?
• Which documents are you missing to assess the damage?
• Do you accept liability? If not, on what grounds?

What you can do now

• Keep a note in the car with the steps for the moment of an accident.
• Submit the claim in writing and keep the proof of the date.
• Set a reminder for three months later.

General information, not legal advice. For your own case the text of the law and the terms of your policy apply; if something is unclear, ask for a written answer.

Read also: Complaints about general insurance · Where to complain

AVRASTRO is not an insurer.

Part of the series “Your rights as a policyholder”. Start with the 30-day right of withdrawal.