Green Card Bureau Compendium

Question N° 1

1.
What was the date of the original Law, which introduced Compulsory Third Party Motor Insurance and of its entry into force?

1954. Entry into force in 1957

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2.
What is the date of the present Law and of its entry into force?

The 1957 Law was amended on various occasions.
The 1957 Law was finally abolished and replaced by a new Law on the 7th July 2000 which was amended several times.

Question N° 2

1.
Which are the classes of motor vehicles for which insurance is compulsory?

All classes of motor vehicles.

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2.
Which are the classes of motor vehicles, if any, exempted from compulsory insurance?

Government and military vehicles, invalid carriages and lawn mowers.

Question N° 3

Is the Law applicable to foreign visitors?

Yes.

Question N° 4

Does the Law apply in respect of liability for both personal injury and damage to property?

Yes.

Question N° 5

What is the minimum limit of liability required for the Personal Injury damage? State the minimum value of sum insured, date with effect from and please indicate whether the limit is per accident or per victim.

Type of vehicle	Personal injuries		Material damage
	Per victim	Per accident	Per victim	Per accident
					All	€ 33.540.000		€ 1.120.000
irrespective of the number of victims

 

 

 

 

With effect from 01/01/2012.

 

Question N° 6

1.
Does the Law require cover in respect of passengers carried in the vehicle?

Yes.

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2.
Is there any category of passenger excluded from this cover?

Yes, passengers carried in a vehicle, which was stolen or illegally removed from its owner and this fact was known to such passengers.

Question N° 7

Under which conditions of the Policy is an Insurer permitted by Law to reject a Third Party Claim? Please specify.

Theoretically, an Insurer may reject a Third Party claim if the policyholder is in breach of a condition of the policy, except in a number of occasions specified in the Law. (S.5 and 6). However, the Insurer is obliged by the “Internal Agreement” of the Motor Insurers’ Fund to meet most Third Party claims.

Question N° 8

Is there a direct right of action by a Third Party against an Insurer?

Yes, in the case of a legal decision taken against the insured who the insurer refuses to satisfy. Furthermore, as regards the complaints falling under the 4th MID, all victims of damages or personal injury can directly sue the insurer of the person responsible.

Question N° 9

Does a claimant resident in a foreign country have a direct right of action against the local Bureau or the Insurer representing the Bureau?

No. Like everybody else he has to institute an action against the person responsible and notify the Bureau or the Insurer.

Question N° 10

1.
Does the Law in your country require the Insurer and/or Bureau to make an offer of compensation to a claimant within a specified time?

Yes, under the provisions of the Motor Insurance Directives an insurer and the Bureau have to make a “reasoned offer” of compensation within 3 months.

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2.
If yes, what is the nature of the damages to which the time-limit applies?

All types of damages.

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3.
What is the specific time-limit?

That envisaged under the Directive i.e. 3 months.

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4.
Which are the other provisions of the Law in this respect? (for ex. sanctions)

Those envisaged under the Directive.

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5.
Are there any similar stipulations for provisional payments?

No.

Question N° 11

1.
Is there a limitation period for legal proceedings against the Insured or the Insurer? If yes, please specify.

There is a limitation period of 3 years for all claims, but this period may be extended by the judge if circumstances justify such an extension.

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2.
Are there any provisions in the Law which allow for the suspension or extension of that limitation period? If yes, please specify.

The limitations period may not be suspended, but it may be extended by the judge for up to 5 years if this is considered just and equitable under the circumstances. A general suspension may apply if any person may not be able to institute an action as a result of the abnormal political conditions in Cyprus.

Question N° 12

[Note: Questions addressed to non-EEA Bureaux only. For EEA Bureaux, see Section 2 & 3]

1.
Is there a Guarantee Fund in your Country?

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2.
If yes, what are the conditions and limits of intervention of the Guarantee Fund?

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3.
Are they applicable to non-residents whether they are the cause of, or victims of, accidents?

Question N° 13

Any other special features?

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Guarantee Fund Compendium

Question N° 1 - Unidentified or uninsured vehicles

1.
What is the full identity (exact name, address, etc.) of the organisation established or authorised with a view to transposing the 2nd MID? Please specify.

MOTOR INSURERS' FUND
23 ZENON SOZOS STR.
P.O.BOX 22025,
1516 NICOSIA

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2.
What is the legal nature of the organisation?

Private

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3.
On what legal basis is it authorised to carry out compensation?

Law

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4.
Is compensation by this body subsidiary?

No

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5.
If the compensation is subsidiary, which entities are excluded?

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6.
Are there any specific provisions governing the recourse between this body and those responsible for the accident and other insurers or social security bodies obliged to compensate the victim for the same accident?

Yes

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7.
If yes to question 1.6, what do these specific provisions consist of? Please specify briefly.

The Law provides that the victim may recover compensation in addition to any social insurance benefits available

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8.
Are people who voluntarily entered the vehicle which caused the damage when they knew that the vehicle was uninsured, excluded from the intervention of the body?

Yes

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9.
In the event of an accident caused by an unidentified vehicle, is the intervention of the body subject to specific provisions as regards the compensation of damage to property?

No

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10.
If yes to question 1.9, what are the specific provisions? Please specify briefly.

That someone involved in the accident has suffered significant bodily injuries" as defined in the Agreement."

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11.
If yes to question 1.9, what are the conditions provided for by your legislation so that the damage to property may be considered as significant? Please specify briefly.

Significant bodily injury means bodily injury causing to the victim considerable pain and discomfort in relation to evident injuries which may be detected through objective and not only subjective criteria, which are certified by a doctor and which necessitated the treatment of the victim any hospital or clinic. This definition includes death.

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12.
If the injured party is not a resident of an EEA Member State, can it benefit from the intervention of the body?

Yes

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13.
What periods of limitation are the demands for compensation addressed to the body subjected to? Please specify briefly.

3 years from tha date of the accident (there are exceptions )

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14.
According to Directive 90/232/EEC, Article 4 “In the event of a dispute between the body referred to in Article 1 (4) of Directive 84/5/EEC and the civil liability insurer as to which must compensate the victim, the Member States shall take the appropriate measures so that one of these parties is designated to be responsible in the first instance for paying compensation to the victim without delay”. Which of these parties has been designated in your country to be responsible in the first instance for paying compensation to the victim in the event of a dispute between the body and the insurer responsible for civil liability as to which must compensate the victim? Please specify.

Both in equal shares

Question N° 2 - Stolen vehicles or vehicles obtained by violence

1.
Has your Member State made use of this possibility?

Yes

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2.
If yes to question 2.1, what are the conditions provided in the event of compensation for damage to property? Please specify briefly.

Same as in other cases

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3.
If yes to question 2.1, are people who voluntarily entered the vehicle which caused the damage when they knew that the vehicle was stolen, excluded from the intervention of the body?

No

Question N° 3 - Other cases of intervention by the body

1.
Do the legislation of your Member State provide for other situations where the injured party can claim compensation from the body after a road traffic accident?

Yes

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2.
If yes to question 3.1, what are these situations?

Transfer of interest" and "use" the vehicle which is specifically excluded in the policy."

Compendium Compensation Body

Question N° 1

What is the full identity (exact name, address, etc.) of the organisation established or authorised with a view to transposing the 4th MID? Please specify.

MOTOR INSURERS' FUND
23 ZENON SOZOS STR.
P.O.BOX 22025,
1516 NICOSIA

Question N° 2

What is the legal nature of the organisation?

Private

Question N° 3

On what legal basis is it authorised to carry out compensation?

Protocol/agreement with the government

Question N° 4

Is compensation by this body subsidiary?

No

Question N° 5

If the compensation is subsidiary, which entities are excluded?

Question N° 6

Are there any specific provisions governing the recourse between this body and those responsible for the accident and other insurers or social security bodies obliged to compensate the victim for the same accident?

Yes

Question N° 7

If yes to question 6, what do these specific provisions consist of? Please specify briefly.

The Law provides that the victim may recover compensation in addition to any social insurance benefits available

Question N° 8

In your Member State, does the victim who has requested compensation to a Compensation Body following one of the situations stated in articles 6 and 7 of the 4th Directive have the possibility of filing an appeal against the decision made for him/her by this Body?

Yes

Question N° 9

If yes to question 8, this appeal must be brought to (the court, an administrative authority, etc.):

The court