Another driver hit me, or I was hurt through someone else’s fault: who pays, and how do I claim?
The other side admitted fault, but their insurer will not pay. An uninsured driver, a hit-and-run, a pedestrian, a passenger, a slip in a shop, water from a neighbour. Whom to claim from, which deadlines run, and what not to sign in a hurry.

In short
In a road accident, the EU rules let you claim directly from the at-fault driver’s insurer, and if they were uninsured there is the Motor Insurers’ Fund. Watch the three-year deadline: negotiating does not stop the clock.
- At the accident: photos, drivers’ and insurers’ details, witnesses, police.
- See a doctor straight away, even if the pain seems minor, and keep every medical document.
- Keep receipts for every expense and evidence of lost earnings.
- Do not sign a final settlement before you know how your injury will develop.
From the series “The questions you are afraid to ask”, part “When something goes wrong”: questions real people ask, with honest answers.
At a glance
- The EU rules give a road-accident victim the right to claim directly from the at-fault driver’s insurer.
- The right to sue over a road accident expires three years after it, and negotiating does not stop the clock.
- If the at-fault driver was uninsured, there is the Motor Insurers’ Fund, which paid about €4 million in 2025.
- Do not sign a final settlement before you know how your injury will develop.
It was not your fault, and still you are fighting
It is perhaps the most infuriating situation: the other side is at fault, even admits it, and you are left with the car at the garage, physiotherapy bills and phone calls that lead nowhere. You are not that insurer’s customer, and you feel it. Here you will find whom to claim from, which evidence matters and which deadlines you must not miss. Nobody can promise the outcome; but you can know the route.
Whom to claim from after a road accident
- Directly from the at-fault driver’s insurer. The EU motor insurance rules give the victim a direct right of action against the liable driver’s insurer.
- A reasoned offer. The same rules provide for a written, reasoned offer explaining how liability and damage were assessed, and interest if it is late. We could not confirm the exact deadline in Cyprus law.
- Three years. According to a Cyprus law firm, the right to sue expires three years after the accident, and negotiating does not stop the clock.
- Contributory negligence. If you share some of the fault, compensation is reduced in proportion (Civil Wrongs Law, Article 57); examples are a seatbelt or helmet not worn.
- Total loss and interest. The market value on the day of the accident is paid, minus the wreck, which you keep. Interest on special damages (expenses, lost earnings) runs from the date of the event, on general damages from the date the action is filed.
If the other driver was uninsured, or their insurer failed
The Motor Insurers’ Fund pays compensation to road-accident victims when the at-fault driver was uninsured, and then tries to recover the money from that driver. According to Politis (July 2026), it paid €4,126,822 in 2024 and €3,983,183 in 2025, more than €19.2 million from 2021 to the end of 2025, with 1,725 claims in 2025 alone. Every insurer writing motor liability business in Cyprus must be a member. According to a Cyprus law firm, Law 167(I)/2023 provides for the Fund to pay also when an insurer is insolvent, cooperating with the funds of other Member States. For damage by a vehicle that left the scene and was not traced, we could not confirm the rules; ask the Fund in writing.
When a business or a neighbour is at fault
A shop, an employer or a neighbour may have liability insurance. The claim is usually made to the person or business responsible, and their insurer may handle it. Employer’s liability insurance is compulsory in Cyprus for those who employ staff. The key is evidence from the first moment: an incident report, photos, witnesses, a medical examination, and a written request for the insurer’s details.
If you disagree: the complaint route
- Ask for the reason in writing. With the exact policy clause and the evidence (reports, assessments) the decision relied on.
- A written complaint to the insurer. Within 6 months of learning of the problem. The insurer must reply within the time set in its complaints procedure; the Superintendent of Insurance’s guide says up to 45 days.
- The Financial Ombudsman. If there is no reply or it is vague. A €20 fee, in writing, in Greek or English, within 12 months of the written complaint. Claims against insurers up to €20,000 are examined by the Deputy Ombudsman; a decision up to €20,000 binds both sides.
- The courts. Always open, usually slower and more costly, with a lawyer. If you go to court, the Ombudsman’s examination stops.
The practical steps, with letter templates you can copy: How to build your case.
What went wrong for others — and how to avoid it
- The victim negotiated for years and ran out of time (Cyprus). Note the three-year date on the day of the accident. If no fair offer has come well before then, get legal advice in time.
- The total loss was valued below what a comparable car costs (Cyprus). Keep the service history and collect adverts for comparable cars on the accident date to support a higher valuation.
- A quick settlement was signed before the injury had settled. Ask for the offer in writing with its calculation, ask your doctor about the outlook, and get legal advice before signing anything final.
Your questions, one by one
I was hit by an uninsured driver. Will anyone pay for my injuries and my car?
Yes, there is a safety net. The Motor Insurers’ Fund pays compensation to road-accident victims when the at-fault driver was uninsured, and then claims the money from that driver; it paid about €4 million in 2025. Report the accident to the police, collect every detail and contact the Fund. Act early and ask about the deadlines.
A hit-and-run driver damaged my car and disappeared. Can I claim from the Motor Insurers’ Fund?
We could not confirm how the Fund handles damage by a vehicle that was not traced. Report it to the police at once and keep the report number, photos, witnesses or camera footage. Then ask the Motor Insurers’ Fund in writing whether and how you can claim. If you have comprehensive cover, check your own policy too.
What happens to my claim if the other driver’s insurer goes bankrupt before paying?
According to a Cyprus law firm, Law 167(I)/2023 provides for the Motor Insurers’ Fund to pay compensation when an insurer is insolvent, cooperating with funds in other Member States. Keep all your documents and contact the Fund and the liquidator in writing. Ask about deadlines as soon as you learn of the insolvency.
I’m a pedestrian who was hit by a car. Do I need a lawyer to deal with the driver’s insurer?
Not always, but it is worth considering for injuries, especially when they are serious or long-lasting, when fault is disputed or the offer seems low. Do not sign a final settlement before you know how the injury will develop. Keep medical records and receipts, and watch the three-year limit, which negotiating does not stop.
How are general damages for pain and suffering decided in Cyprus, and when does interest start?
They are assessed by the court case by case, based on the injury, its consequences and earlier decisions for similar injuries. According to a Cyprus law firm, interest on general damages runs from the date the action is filed, and on special damages (expenses, lost earnings) from the date of the event. A lawyer can tell you what range applies to an injury like yours.
I was injured at work. The employer’s insurer is pressuring me to accept a quick settlement. Should I?
Take your time. A settlement is usually final, so first understand your injury, your treatment and your lost earnings. Ask for the offer in writing with its calculation, and get legal advice before you sign. Employer’s liability insurance is compulsory in Cyprus for those who employ staff.
I slipped in a supermarket and broke my wrist. Does the shop’s liability insurance pay me, and how do I claim?
Possibly, if the shop was at fault, for example a spill that was not cleaned or no warning. Report it at once, ask for an incident report, photograph the spot, get witnesses’ details and see a doctor. Write to the shop asking it to pass the claim to its liability insurer. If it refuses or there is a dispute, speak to a lawyer.
Water from my upstairs neighbour’s flat ruined my ceiling. His insurer says it’s not their problem. Who pays?
Your own home insurance may cover the damage to your ceiling, depending on its terms, and your insurer may then pursue the neighbour. Whether the neighbour’s insurer pays depends on whether the neighbour is responsible, for example through negligence. Notify your insurer, ask the neighbour in writing for their insurer’s details, and keep photos. In a block of flats, check the common building policy too.
A tree from the neighbour’s garden fell on my car in a storm. Whose insurance should pay?
If the tree fell only because of the storm, the neighbour may not be responsible, and the route may be your own comprehensive cover, depending on its terms. If the tree was visibly dead or dangerous and the neighbour knew, they may be liable. Take photos, get the neighbour’s insurer details and notify your own insurer.
The at-fault insurer says my injury existed before the accident. How can I prove it was caused by the crash?
The question is what the accident caused or made worse. Your medical records from before and after, and a doctor’s report linking your symptoms to the crash, are the key evidence. Ask the insurer in writing for the medical opinion it relies on. The worsening of an earlier condition may also be part of a claim, so explain it clearly.
Can my own insurer pay me first and then chase the at-fault driver’s insurer, so I don’t wait?
It depends on your own policy: comprehensive cover may pay for the repair and then claim from the at-fault driver’s insurer, though an excess or an effect on your no-claims discount may apply. Ask your insurer in writing what applies. The EU rules also give you the right to claim directly from the at-fault driver’s insurer.
My child was injured as a passenger in a friend’s car. Who do we claim from?
A passenger is usually a third party under the motor insurance of the vehicle at fault, which may be the friend’s car or another one. Get the details of all drivers and insurers, the police report and the medical records. For a child’s injury, it is wise to get legal advice before agreeing to any settlement.
A motorcyclist without a helmet — will his compensation be reduced even if the car driver was fully at fault?
Possibly. Under the Civil Wrongs Law (Article 57), as a Cyprus law firm explains, compensation is reduced in proportion to the victim’s share of fault, and riding a motorcycle without a helmet or not wearing a seatbelt are examples. How much it is reduced also depends on whether the missing helmet contributed to the injury, which the court decides. Get legal advice.
The other driver admitted fault, but three months later his insurer still hasn’t paid for my repairs. What can I do?
Write to the at-fault driver’s insurer asking for a decision and a timetable, with your documents. The EU motor insurance rules provide for a reasoned offer or a reasoned reply, and interest if it is late; we could not confirm the exact deadline in Cyprus law. If nothing happens, make a written complaint to that insurer and then go to the Financial Ombudsman. Keep the three-year limit in mind.
The other insurer keeps telling me ‘the file is with the assessor’. How long can they delay a simple car claim?
Ask in writing when the assessment will be done, when you will have a decision and what is missing. Send your own photos, quotes and repair invoices. In the United Kingdom (not Cyprus), delayed payouts were the main reason car insurance complaints rose 27% in 2022/23. If the delay continues, make a written complaint.
Am I entitled to a written, reasoned offer from the at-fault driver’s insurer, and does interest run if it is late?
The EU motor insurance rules say the reasoned-offer procedure should apply to every road accident, with a written offer explaining how liability and damage were assessed, and interest if the offer is late. We could not confirm the exact deadline or the interest rules in Cyprus law. Ask in writing for a reasoned offer and mention these rules in your complaint.
Can I claim directly from the other driver’s insurer, or do I have to sue the driver personally?
The EU rules give accident victims a direct right of action against the liable driver’s insurer, so you can claim from the insurer directly. If you cannot agree, a court decides, and a lawyer will tell you whom to sue. Watch the three-year limit.
The insurer says I was 30% to blame because of how I parked. Can they cut my compensation like that?
Fault can be shared, and compensation is then reduced in proportion (Civil Wrongs Law, Article 57, as a Cyprus law firm explains). But the share must be justified. Ask in writing what evidence the 30% is based on, and send your own photos, the police report and witnesses. If you disagree, fault is decided in the end by the court.
Am I entitled to a replacement car while mine is being repaired after someone else hit me?
It depends: a replacement car can be part of the loss you claim from the at-fault driver’s insurer if you reasonably needed one, or come from your own policy if it includes it. Ask in writing before you rent, keep the cost reasonable and keep the invoices. Check whether your own policy has a replacement-car benefit.
Should I accept the first offer from the other driver’s insurer, or wait and negotiate?
You do not have to accept the first offer. Ask how it was calculated and compare it with your actual costs, losses and medical situation. But watch the time: negotiating does not stop the three-year limit for a road-accident claim. If the amounts are significant, get legal advice.
If I sign the settlement form, can I still claim later if my neck pain gets worse?
A signed final settlement usually closes the claim, so a later worsening may not be paid. Before signing, make sure the injury has stabilised or that your doctor can say how it will develop, and read exactly what you give up. If in doubt, get legal advice before you sign.
Is there a deadline to make a claim after a road accident in Cyprus, and does negotiating stop the clock?
Yes. According to a Cyprus law firm, the right to sue expires three years after the accident, and negotiating with the insurer does not stop the clock. Note the date on the day of the accident. If no fair offer has come well before then, get legal advice in time.
Questions worth asking in writing
- What are the at-fault party’s insurer and policy details?
- When will I have a reasoned offer, and how will it be calculated?
- What evidence is the assessment of fault based on?
- Exactly what do I give up if I sign this settlement?
What you can do from today
- At the accident: 112 if anyone is hurt, photos, drivers’ and insurers’ details, witnesses, police.
- See a doctor at once, even if the pain seems minor, and keep every medical document.
- Note the date the three years run out.
- Keep receipts for every expense and evidence of lost earnings.
- Do not sign a final settlement in a hurry; ask for it in writing and read it.
General information, not advice (legal or insurance). Every policy has its own terms; for your own case, the law and what your policy says apply. For general insurance (car, home, travel, liability) speak to a general-business intermediary or your insurer, and for a legal dispute to a lawyer. AVRASTRO is not an insurer.
Sources
- KP Legal — Road accident in Cyprus: know your rights (in Greek; a law firm’s general article)
- Directive 2009/103/EC on motor insurance, recitals (Greek text, Taxheaven)
- Harris Kyriakides LLC — Amendment to the Motor Vehicles (Third Party Liability) Insurance Laws, Law 167(I)/2023
- Politis (English edition), 6 July 2026 — Uninsured vehicles cost €19.2m in compensation since 2021
- UK Financial Ombudsman Service — Top five complained-about products 2022/23 (United Kingdom, not Cyprus)
- Insurance Companies Control Service (ICCS), Ministry of Finance — Complaints
- Financial Ombudsman of the Republic of Cyprus — FAQs
- Financial Ombudsman — Complaints service: information for natural persons
- Financial Ombudsman, Board Directive 177/2025 (Ombudsman and Deputy Ombudsman), CyLaw
- Law 87(I)/2026 (Official Gazette 21 April 2026), CyLaw
Read also: What to do after a road accident · A dispute over car insurance · What to do if your home is damaged · Business guide · How to build your case, with letter templates · General insurance guide · All the questions you are afraid to ask


