The Appeal Court has fully upheld the judgment of the Nicosia District Court, rejecting all grounds of appeal raised by a car driver in a serious road collision with a motorcyclist and confirming her exclusive liability for both the accident and compensation of €200,000 plus interest, without insurance coverage.
Background of the collision
The case dates back to the afternoon of 13 July 2006 at the junction of Morphou and Lykavittou streets in Archangelos, Lakatamia, where the appellant’s vehicle collided with a motorcycle travelling in the opposite lane.
The motorcyclist suffered a serious leg injury, while the motorcycle sustained extensive damage.
Findings of the trial court
After lengthy hearings, the trial court found that the driver attempted a right turn without properly checking the road, cutting across the motorcyclist’s path and leaving him with no real chance to avoid the crash.
Testimony from the accident investigator, the scene diagram and the location of impact within the motorcyclist’s lane played a decisive role in the ruling.
The parties had already agreed damages at €200,000, leaving the court to determine liability and whether the insurance company had to provide cover. The court rejected claims of contributory negligence, ruling that the motorcyclist faced a sudden and unforeseeable danger without time to react.
Insurance coverage dispute
The trial court also ruled that the insurer had no obligation to pay compensation because it did not receive written notice of the lawsuit within the seven-day deadline required under Article 15(1)(a) of the Motor Vehicles Law in force at the time.
The insurer’s initial handling of the case and defence of the driver did not override this explicit statutory requirement.
Appeal Court reasoning
On appeal, the driver challenged both the assessment of evidence and the finding of 100% liability, while also arguing that Article 15 of Law 96(I)/2000 should be interpreted in line with EU law on compulsory motor insurance. She claimed the law should prevent either the victim or the insured driver from remaining uncovered.
The Appeal Court stressed that evaluating witness credibility falls primarily within the trial court’s role and that appellate intervention arises only in exceptional circumstances where findings lack evidential support. It found the conclusions fully reasoned and dismissed the liability arguments.
Regarding insurance, the court ruled that neither the Constitution nor EU law requires courts to disregard clear national legislation when it does not conflict with the objectives of EU directives. It emphasised that European rules primarily protect road-accident victims rather than guaranteeing coverage for insured drivers regardless of procedural compliance.
Final outcome
The Appeal Court therefore rejected all grounds of appeal, confirmed the driver’s exclusive liability and upheld that the insurance company bears no duty to provide cover.
Also read: Aglantzia fatal crash probe nears completion
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