We have extensive experience with traffic injury cases, and there are a number of questions that frequently arise among our clients. Below, we have compiled frequently asked questions following traffic accidents. If you do not find the answer you are looking for, you are welcome to contact us for an assessment of your case and answers to your questions.
Do you need to see a doctor?
If you are injured, you must see a doctor as soon as possible after the injury occurs. You should not wait to see whether the symptoms resolve on their own—seek medical attention immediately. It is essential that all symptoms or complaints are recorded in your medical records. These records serve as evidence of the injuries you sustained in the accident.
You should then document your symptoms regularly, preferably every 4–6 weeks, until it is clarified whether the injury is permanent or not. This process may take 2–3 years. You can do this by visiting your GP or other healthcare providers, such as a physiotherapist or chiropractor. This applies even if there are no active treatment measures available. It is important that you follow your doctor’s advice.
When should you receive treatment?
Seek appropriate treatment in consultation with your doctor if the injuries persist. Keep in mind that rehabilitation potential is greatest in the initial period following the injury and decreases after 1–2 years. It is therefore important to begin treatment and rehabilitation as early as possible.
Treatment expenses may be covered by insurance companies. They usually require that you receive treatment from providers with a public reimbursement agreement, where available, meaning that you only pay a patient contribution. This contribution can normally be reimbursed by the insurance company.
Is it necessary to have a solicitor after a traffic accident?
The insurance company is your opposing party in the compensation settlement. The company has its own solicitors and claims handlers who safeguard the company’s financial interests. In addition, the company has its own doctors who assess your case. You will almost never receive a correct settlement without a solicitor with expertise in compensation law. The insurance company does not act as your solicitor against itself.
After an accident, it is important to receive information about your rights, what should be done, and what the next steps are. Often, sick pay does not fully cover your loss of income. How should the loss be calculated and the claim submitted? Which expenses can be reimbursed? What is important in dealings with NAV? And not least, what must be included in the injury report? All of these questions require professional expertise, and it is crucial that you receive assistance to ensure everything is handled correctly.
As a general rule, legal costs are covered by the insurance company.
The injury report – what is important to be aware of?
The injury report is an important document that describes how the accident occurred. The description should be as precise as possible so that it can be easily assessed whether the legal conditions are met. It may therefore be wise to contact us for advice when completing the injury report form. We provide free assistance with questions related to completing injury reports.
It often takes several years before an insurance case is resolved. At that point, it may be difficult to remember exactly what happened or who the witnesses were. It is therefore wise to write everything down immediately while memories are still fresh.
Who should notify the insurance company?
You must notify your own insurance company yourself.
How much does legal assistance cost in a traffic injury case?
As a general rule, the insurance company covers all legal costs. The initial telephone consultation with us is free of charge, during which you can receive more information about costs.
When should I contact a solicitor after a traffic accident?
After an injury that requires medical attention and sick leave, it is important to obtain information about your rights with respect to the insurance company. You should therefore contact a solicitor experienced in personal injury law as soon as possible. We provide guidance on what you should do and assess whether you have a valid case. Assistance with drafting the injury report is often particularly important. Our experience clearly shows that it is better to make contact early after an accident to clarify key issues rather than waiting to see what happens.
What am I entitled to after a traffic accident?
You are entitled to compensation for the financial loss caused by the accident and, where applicable, non‑economic damages if the injury has resulted in permanent medical disability of 15% or more. Financial loss often includes expenses for doctors, treatment, medication, travel, and similar costs. You may also be entitled to compensation for loss of income following the injury, such as overtime loss or additional allowances not covered by sick pay. This may also include future loss of income, pension loss, tax disadvantage, loss of household work capacity, and other expenses.
Read more: What are you entitled to after a traffic accident?
Are you entitled to work assessment allowance?
Work assessment allowance is intended to secure your income during a transitional period when, due to illness or injury, you require work‑related measures, medical treatment, or other follow‑up from NAV in order to return to work.
You must apply to NAV yourself for work assessment allowance. You should apply at least three months before your sick pay period expires. One of the conditions is that your work capacity must be reduced by at least 50% due to illness or injury. The key factor is not how much your health is impaired in itself, but how much it affects your ability to engage in gainful employment. As a general rule, you cannot receive work assessment allowance for more than four years.
Read more about work assessment allowance at NAV
Does someone have to be at fault, or punished, for me to be entitled to compensation?
No. No one needs to be punished or found at fault for an accident to occur. Liability is strict, meaning that fault on the part of the person who caused the accident is not required.
What if I was careless or at fault myself – am I still entitled to compensation?
As a general rule, you are still entitled to compensation, but the amount may be reduced depending on your degree of fault.
Who pays compensation after a traffic accident?
The insurance company of the vehicle that caused the accident is responsible. Our solicitors can help you calculate what type of compensation you are entitled to after a traffic accident.
Who pays the solicitor’s fees after a traffic accident?
The insurance company is obliged to pay solicitor’s fees that are considered “necessary and reasonable”. As a general rule, this means that your legal costs will be covered. This is one of the most frequently asked questions following traffic accidents. The initial consultation is free of charge—contact us to get answers to your questions.
Should I accept an offer from the insurance company?
If you do not have a solicitor representing you, you should generally never accept a compensation offer from the insurance company. The insurance company does not represent you and does not act in your best interests.
Do you have other insurance policies?
Check which insurance policies you have and notify the insurers in writing. Several policies may be relevant, such as travel insurance, treatment insurance, or group life insurance. This is important in relation to interest on delayed payments and to avoid the claim becoming time‑barred. In some cases, policies may overlap and you may have claims against multiple insurers.
Uninsured vehicle – am I entitled to compensation?
Even if the vehicle that caused the injury is uninsured, you are still entitled to compensation. In such cases, the matter is handled by The Norwegian Motor Insurers’ Bureau (TFF).
What happens if I am hit and the driver leaves the scene?
You should report the incident to the police. You must then contact The Norwegian Motor Insurers’ Bureau (TFF), which will handle the compensation claim.
Choice of specialist – who decides?
If you have suffered a permanent injury, you will usually need to be examined by a specialist for assessment. The specialist will prepare a specialist report that evaluates your ability to work and determines permanent medical disability. In addition, the specialist will assess whether there is a causal connection between the accident and your injuries. The choice of specialist can be decisive. The insurance company knows which specialist it wants to choose—but it is you who decide. Never make this decision without being represented by a solicitor experienced in compensation law. We have extensive experience in selecting specialists and are happy to assist you.
Can PTSD be a traffic injury?
Post‑traumatic stress disorder (PTSD) is a condition that may arise as a reaction to an exceptionally threatening or catastrophic event. If this occurs in a work‑related context, it is advisable to seek professional assistance regarding your legal rights, even though legal issues should not be the primary focus immediately after an injury.
What is compensation for pain and suffering?
Compensation for pain and suffering is intended to have a punitive effect and to provide compensation for physical and psychological suffering. A condition for receiving such compensation is that the person who caused the suffering acted with gross negligence.
Read more: Compensation for pain and suffering
What are non‑economic damages?
Non‑economic damages are compensation for a non‑financial injury that has resulted in permanent medical disability.
What is medical disability?
Medical disability refers to the physical and/or psychological functional impairment that a specific injury or illness typically causes. Disability is assessed on an objective basis, without regard to the injured person’s occupation, reduced earning capacity (degree of incapacity), leisure activities, or similar factors. The degree of disability is determined by a doctor in accordance with the Ministry of Social Affairs’ invalidity table for traffic injuries.
Read more: What is medical disability?
What is permanent work incapacity?
After your ability to function in working life has been assessed—often by NAV through various work trials—your capacity to work will be determined as a percentage of permanent work incapacity.
Conclusion – when is a compensation case concluded?
Two factors are often decisive. Your injury should be fully treated and stabilised. In addition, you should know whether you can continue working and to what extent. Once these two issues have been clarified, the case can be concluded with the insurance company.
Tax on compensation payments?
Only compensation paid for loss of income is reportable and taxed as ordinary earned income. Interest is also taxable. Compensation for future loss of income and other compensation items are tax‑free upon payment.
