Here we have gathered information about the process of a compensation claim as it typically unfolds, along with our advice.
After 30 years of experience handling insurance cases following occupational injuries and workplace accidents, we have extensive expertise. Every case is different, and what is described here may not necessarily apply to you. Please feel free to contact us if you would like our advice on what you should do in your particular case.
Report the accident to the police and the insurance company
When a traffic accident involving personal injury has occurred, it is important at the scene itself to report it to the police. If the police attend, witness statements will be taken, photographs of vehicles will be recorded and more, ensuring good documentation of the sequence of events.
You must then ensure that a claim form is submitted to your own insurance company as well as the responsible insurance company, if they are two different entities. It is the insurance of the vehicle that caused the accident that will handle the compensation claim moving forward. Sometimes disputes arise regarding liability. You are welcome to contact us for a free consultation and assistance in this matter.
Insurance
Check which insurance policies you have and notify the companies. It is not only car insurance that may be relevant; it may also include, for example, travel insurance, health insurance or group life insurance. This is important in relation to interest on late payments and to avoid your claim becoming time-barred.
Seek medical attention
See a doctor immediately, as soon as possible after the accident. Do not wait to see if your symptoms pass. This is important to document your acute symptoms. Make sure that all symptoms, injuries and complaints are recorded in your medical records and follow your doctor’s advice.
If your symptoms do not improve, seek help and attend regular treatment to document your injuries. Ensure that doctors and practitioners record why you are there and document all your symptoms. Medical records are important evidence showing that you have symptoms and what caused them.
Solicitor
Contact an experienced solicitor so that you gain an overview of your rights.
Expenses
Keep all receipts for expenses related to your injury. Even if the amounts seem small at the time of payment, they can quickly add up to significant sums before the case is settled.
Check with NAV/Helfo whether they cover the expense and apply for reimbursement continuously. If your application is rejected, the insurance company may cover the difference.
Loss of income
You are entitled to have your loss of income covered by the insurance company. A solicitor should assist you in calculating this.
NAV
Sick pay from NAV is paid for 12 months. Three months before this period ends, you should apply for Work Assessment Allowance (AAP) if your ability to work is reduced by at least 50%. After a maximum of four years on AAP, the next benefit from NAV is disability benefit. It is important to maintain a dialogue with NAV regarding your injury and work situation.
If you are receiving Work Assessment Allowance, maintain good communication with NAV and participate actively. NAV has many resources and measures that can help you return to work or transition to a new career. Documentation from this process is relevant for your case with the insurance company.
If disability benefit becomes relevant, you should discuss this with your NAV adviser well before the work assessment period ends.
Specialist
Once your injury has stabilised, usually after 2–3 years, a specialist assessment should be obtained. The specialist will determine the level of medical disability based on the Ministry’s disability scale. The specialist will also describe your functional limitations in relation to work.
If a specialist assessment is relevant, discuss your case and the choice of specialist with a solicitor experienced in personal injury before accepting the insurer’s proposal. This choice can have a significant impact on your case. We can assist you with this.
Conclusion of the compensation claim
As a rule, the earliest point at which a final compensation claim can be submitted to the insurance company is when a specialist report is available. As mentioned, this is usually 2–3 years after the accident. It is often advisable to wait until NAV has assessed whether you are entitled to disability benefit, which typically takes at least 3–4 years after the accident. NAV’s assessment is not decisive in the compensation case, but it carries significant weight if disability benefit is recommended. In addition, receiving disability benefit affects the size of your financial loss. Before concluding your case, you should at least know how much you are able to work and earn in the future.
Would you like to learn more about the process of a compensation claim and how we can assist you in your case? Contact us
