Claiming compensation for injury or damage in Cyprus
If someone else's carelessness has injured you or damaged your property in Cyprus, your claim is governed by the Civil Wrongs Law, Cap. 148. It is a codified law of torts: section 51 defines negligence as doing what a reasonable and prudent person would not do, or failing to show the skill a reasonably competent professional would show, and causing damage as a result. Other civil wrongs listed in the same Law include nuisance, trespass, assault, false imprisonment, fraud and defamation.
This guide is for people hurt in road, workplace, shop, hotel or medical accidents, owners whose property was damaged by a neighbour, a fire or an animal, and families of someone who died because of another person's fault. It explains how liability is proved, which time limits apply under the Limitation of Actionable Rights Law 66(I)/2012, which District Court judge hears the case, and how Cypriot courts calculate damages: special damages for proven financial loss and general damages for pain, suffering and loss of amenity, with interest under section 58A of Cap. 148.
The usual result is either a negotiated settlement with the wrongdoer's insurer or a judgment of the District Court ordering payment of damages, interest and legal costs, which can then be enforced under the Civil Procedure Law, Cap. 6.
Key facts
Deadline
A claim for negligence, nuisance or breach of statutory duty must be filed within 3 years from the day the cause of action arose (section 6(2) of Law 66(I)/2012); if the injured person only learned of the bodily injury later, the 3 years run from that knowledge. Other civil wrongs: 6 years (section 6(1)); defamation and malicious falsehood: 1 year (section 6(4)).
In personal injury and fatal cases the court may disapply the limitation period, but not later than 2 years after it expired (section 6(3)); section 22 allows an extension of up to 2 years if just and reasonable. A written acknowledgment of liability or filing an action restarts the period (section 17). An application to the State scheme for victims of violent crime must be made within 2 years of the injury and the crime reported to the police within 5 days (sections 4 and 7 of Law 51(I)/1997).
What to do
Secure evidence on the day it happens. Call the police (112) for any road accident with injuries or any assault, and make sure a report is written; ask for its reference number. Photograph the scene, the vehicles, the hazard that caused the fall, the damage to your property and your visible injuries. Write down names and telephone numbers of witnesses before they leave.
Go to the Accident and Emergency department or your personal doctor (GHS/GESY) the same day and describe exactly how you were hurt. A medical record made immediately is the strongest link between the incident and the injury; a first visit weeks later invites the argument that the injury came from something else.
Identify who is legally responsible and whether they are insured. A driver must have compulsory motor insurance; employers, shops, hotels and professionals usually carry liability insurance. Under section 13 of Cap. 148 an employer is liable for acts its employees commit in the course of their employment, so you can claim against the company and not only against the individual worker.
The owner and the occupier of a building share a duty to maintain and repair it towards people outside the premises (section 51(2)). Where damage was caused by fire, by a dangerous thing that escaped, or by an animal known to be dangerous, sections 52 to 54 shift the burden: the defendant must prove that there was no negligence on its part.
Keep proof of every financial loss. Special damages cover what you can document: medical and physiotherapy bills, medicines, travel to treatment, repair invoices or the pre-accident value of a written-off car, damaged clothing and equipment, and lost earnings. For lost earnings the court takes your net income after income tax and social insurance contributions, so collect payslips, employer letters and tax returns for at least the year before the accident.
Amounts you receive from your own insurance policy or benefits from the Social Insurance Fund are not deducted from the damages (section 65 of Cap. 148). Keep receipts in one folder from the start; reconstructing them two years later is rarely successful.
Obtain a medical report on your injuries and prognosis. General damages for pain, suffering and loss of amenity depend on the nature of the injury, the treatment, the recovery period and any permanent disability. A report from your treating doctor, and in serious cases from a specialist (orthopaedic surgeon, neurologist, psychiatrist), should state the diagnosis, the treatment received, the percentage of any permanent disability and whether further surgery is likely.
Do not settle before your condition has stabilised. Once you accept a settlement in full and final satisfaction, you cannot claim again if the injury later turns out to be worse than expected.
Send a written letter of claim to the wrongdoer and, where known, to the insurer. Describe what happened, why they are responsible, the injuries and losses so far, and ask them to confirm within a reasonable period (commonly 14 to 21 days) whether they accept liability and to pass the letter to their insurer. Enclose the police reference and the key medical documents.
A written admission of liability restarts the limitation period under section 17 of Law 66(I)/2012. Keep a copy of the letter and the proof of delivery: the court will look at how the parties behaved before the case when it decides on legal costs.
Negotiate, but watch the calendar. Insurers often make an early offer before the medical position is clear. Compare it with the special damages you have documented and with awards Cypriot courts have made for similar injuries; in Konstantinou v Trivizadaki (2016) the Supreme Court upheld €25,000 general damages for a fractured shin with surgery and lasting pain.
If the other side argues that you were partly to blame (no seat belt, crossing outside a crossing, overtaking a queue), the court does not dismiss the claim but reduces the damages by your share of fault under section 57 of Cap. 148. Do not let negotiations run past the third anniversary of the accident without filing an action.
File an action in the District Court. The case is heard by the District Court of the district where the accident happened or where the defendant lives or carries on business. Under section 22 of the Courts of Justice Law 14/1960 a District Judge hears claims up to €100,000, a Senior District Judge up to €500,000 and the President of the District Court any amount.
The action is commenced under the Civil Procedure Rules 2023, which apply to proceedings started after 1 September 2023, by a claim form with particulars of the negligence, the injuries and each item of special damage. Court fees depend on the amount claimed. Ask a lawyer for a written estimate of fees and the costs scale before you file.
Prove your case and the amount at trial. You must prove on the balance of probabilities that the defendant was negligent and that the negligence caused your damage. Witnesses, the police officer, your doctor and, where needed, an expert engineer or actuary give evidence. Under section 56 of Cap. 148 the defendant may defend itself by showing that a third party's negligence was the decisive cause or that an unforeseeable natural event caused the harm.
If you win, the court awards special and general damages, interest under section 58A of Cap. 148 at the rate fixed under section 33 of Law 14/1960, and legal costs. If the defendant does not pay, enforce the judgment under Cap. 6 (writ of movables, charging order, garnishee order).
If a family member died, act on behalf of the dependants. Section 58 of Cap. 148 gives the spouse, parents, children and other listed relatives of a person killed by a civil wrong a claim against the wrongdoer for the loss of financial support. The action is normally brought by the administrator of the estate once a grant of letters of administration or probate has been issued, so start the estate procedure early.
The same 3-year period applies, counted from the death, and the court's discretion under section 6(3) of Law 66(I)/2012 is the only remedy if it is missed. Damages are reduced in proportion if the deceased was partly at fault (section 57(4)).
What to watch out for
- Missing the 3-year limitation period. Most accident claims are negligence claims, so the short period of section 6(2) of Law 66(I)/2012 applies, not the general 6 years. The court's discretion to extend is limited to 2 years after expiry and requires a convincing explanation, as in Emilova v Koutoukka (2023), where a 10-day delay was excused because of a serious injury and a language barrier.
- Settling too early. An offer accepted in full and final settlement closes the claim even if the injury later proves permanent. Wait for a medical report that states the prognosis.
- Underestimating your own share of fault. A pedestrian, cyclist or motorcyclist who contributed to the accident can see the damages cut by 30 to 40 per cent or more under section 57 of Cap. 148; in Kyriakou v Loizidi (1999) the motorcyclist bore 40 per cent.
- Claiming gross instead of net lost earnings. Courts deduct income tax and social insurance contributions; a claim built on gross salary will be cut and may cost you part of your legal costs.
- Suing only the individual. An employee or driver may have no assets; the employer (section 13 of Cap. 148) or the insurer is usually the party that can pay. Name all potentially liable parties in the action, because section 64 lets the court share liability among them.
- Relying on a verbal promise by the insurer. Only a written acknowledgment restarts the limitation period under section 17 of Law 66(I)/2012; telephone assurances do not stop the clock.
- Ignoring the criminal route for violent crime. If you were injured by a violent crime and the offender cannot pay, the State scheme under Law 51(I)/1997 requires a police report within 5 days and an application within 2 years; missing either bars the claim.
Legal basis
Related court decisions
Frequently asked questions
How long do I have to claim compensation after an accident in Cyprus?
For negligence, nuisance or breach of statutory duty, which covers most road, work and premises accidents, 3 years from the accident or from the date you learned of the injury (section 6(2) of Law 66(I)/2012). Other civil wrongs have 6 years and defamation 1 year. In injury cases the court can disapply the deadline, but only within 2 years after it expired.
What is the difference between special and general damages?
Special damages are your proven financial losses up to trial: medical bills, repairs, travel and net lost earnings. General damages compensate pain, suffering, loss of amenity and future losses such as reduced earning capacity. Courts fix general damages by comparison with earlier Cypriot awards for similar injuries.
Can I still claim if the accident was partly my fault?
Yes. Section 57 of Cap. 148 says your own fault does not defeat the claim; the court calculates full damages and then reduces them by your share of responsibility, for example by 40 per cent if you were 40 per cent to blame.
Who pays if I am injured by a company's employee?
The employer is liable for acts its employee commits in the course of employment (section 13 of Cap. 148). You can sue the employer, which is usually insured, alongside or instead of the employee. Name both in the action so that the court can apportion liability between them if needed.
Will my own insurance payout reduce the compensation?
No. Section 65 of Cap. 148 provides that money paid under your own insurance policy and benefits from the Social Insurance Fund are not taken into account when the court calculates damages. The wrongdoer cannot argue that your loss was already covered by your own policy or by sickness or injury benefit.
Which court hears a compensation claim in Cyprus?
The District Court of the district where the accident happened or the defendant is based. A District Judge can hear claims up to €100,000, a Senior District Judge up to €500,000 and the President of the District Court any amount (section 22 of Law 14/1960).
Do I get interest on the compensation?
Yes. In injury and death cases section 58A of Cap. 148 requires the court to award interest unless there are special reasons not to, at the rate set under section 33 of the Courts of Justice Law 14/1960. Judgment debts also carry statutory interest until paid.
Can relatives claim if someone died in an accident?
Yes. Under section 58 of Cap. 148 dependants such as the spouse, parents and children can claim for the loss of support. The action is usually brought by the administrator of the estate, so the grant of administration should be applied for early.
What if the person who attacked me has no money?
Victims of violent crime can apply to the State scheme under Law 51(I)/1997, administered by the Director of Social Insurance Services. The crime must be reported to the police within 5 days and the application filed within 2 years, with the police report and a medical certificate.
Is there legal aid for an ordinary accident claim?
Generally not. The Legal Aid Law 165(I)/2002 covers criminal, family and certain listed proceedings; ordinary civil claims qualify only in special cases such as cross-border disputes or compensation claims by victims of domestic violence. Many personal injury lawyers discuss fee arrangements at the first meeting.
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