Road traffic accidents are a common occurrence in Cyprus. Our law firm specializes in providing services to persons who have suffered damage, expenses, and injuries from road traffic accidents.
In order to be entitled to claim compensation as a result of a road traffic accident, a person must not have been negligent in driving his vehicle, i.e. the driver of the other vehicle in the road traffic accident should bear the responsibility for causing the accident. As stated in the Legislation and Caselaw of the Supreme Court, a driver must drive his vehicle in accordance with the Regulations governing road traffic and safety, comply with traffic signs, and his driving behavior must be consistent with the driving behavior that an average reasonable person would demonstrate, that is, when driving his vehicle, he must behave and act as an average reasonable person would act under the same conditions and circumstances.
There are also cases where both persons involved in the road traffic accident are responsible for causing the road accident. This case is the so-called concurrent negligence of both or more drivers. In such a case, damages are awarded and paid in proportion to the percentage, i.e. a proportion of the amount to which the person who suffered damage, expenses, and injuries from the road traffic accident is entitled is paid, depending on the percentage of his responsibility for causing it.
That is, if both drivers are responsible for causing a road traffic accident in a ratio of 50-50, then each driver is entitled to claim from the other driver and his insurance company, 50% of the damage, expenses, and compensation resulting from the bodily injuries suffered by the road traffic accident.
As far as liability for causing a road traffic accident is concerned, two cases are indicatively mentioned where the responsibility lies 100% with the driver involved.
1) When he hits a vehicle with the front of his vehicle on the back of the other vehicle.
2) When there is a stoppage, i.e. when a vehicle exits a lane on a main-central road, and interrupts the straight path of the other vehicle located on the main-central road.
Compensation to the driver who is not responsible for causing the road traffic accident is paid by the insurance company of the driver responsible for causing the road traffic accident. However, there are also some cases where the driver who is responsible for causing the road traffic accident is not covered by insurance against a third party in violation of the provisions of the current Legislation. In such a case, the compensation is required to be paid by the Public Use Motor Vehicle Insurers’ Fund (MIF). The MIF also compensates in the event that the driver of the vehicle responsible for causing the road traffic accident leaves the scene of the car accident and is unknown. The MIF also pays damages when the insurance company of the driver responsible for causing the road traffic accident is closed down and/or dissolved and/or goes bankrupt. In other words, there is a provision in the Legislation that the driver who is not responsible for causing the road traffic accident is compensated under any circumstances.
Compensation paid to a person who is not responsible for causing the road traffic accident is divided into two categories, Special Compensation and General Compensation. Special Compensation is compensation in terms of expenses and special damage suffered by the driver who is not responsible for causing the road traffic accident, such as damage to the repair of his vehicle, medical expenses, physiotherapy costs, medicines costs, etc. General Compensation is the compensation for the injuries suffered by the person involved in the road traffic accident. General Compensation is calculated based on decisions of the Supreme Court in the past. That is, what is compared is what the Supreme Court decided in another case on the same or similar injuries as in this case. The most common injury is neck contusion and/or straightening of the cervical spine. Recent Supreme Court rulings awarded amounts of €3,500 and €4,500 respectively for neck contusion. When a hernia occurs in the neck area, compensation increases to €6,000-€8,000. When there is a disc protrusion, it increases to €30,000-€40,000, which further increases in case surgery is required.
Injury to the neck area may worsen in the future, and the problem may return with changes in weather conditions or after fatigue. The damages awarded for injury in the neck area vary depending on the treatment, suffering, mental anguish, and recovery time of the person who will suffer the injury.
If you were involved in a car accident either as a driver, or co-driver, or passenger, or pedestrian, then contact our law firm so that we can arrange a meeting and evaluate your case. It is very important to turn to specialists so that you can claim the maximum percentage of the compensation you are entitled to receive, so that you are not exploited by insurance companies, which always try to pay as low a compensation amount as possible.
Author : Merkouris Telonis
The content of this article is intended to provide a general guide to the subject matter and does not constitute at any way legal advice. We recommend that if you are interested for professional legal advice in the specific matter please contact Merkouris Telonis, partner of our firm via tel 26911701 or email at [email protected]
