Traffic accident

If you are injured in a traffic accident, such as a car or motorcycle accident, you are generally entitled to compensation regardless of whether you caused the accident or not. This is due to the compulsory insurance on vehicles under Icelandic law, which covers the driver and passengers, as well as any other parties, e.g. pedestrians, who are injured by the vehicle.

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What you should know

Traffic accident

The claim is directed at the insurance company of the offending vehicle.
You may be entitled to compensation for temporary loss of earnings, pain and suffering, loss of amenities (also known as medical disability), loss of earning capacity (also known as financial disability) as well as medical expenses due to the accident.

Consumption of alcohol or other intoxicants and/or other serious traffic offences may result in reduction or removal of the right to compensation.

Here for you

It is important to report an accident as soon as possible to the Icelandic Health Insurance and the insurance company, so that the right to compensation is not lost. Contact Fortis lawyers to get an assessment of the situation. We want you to use our knowledge to help you through a difficult time.

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Traffic accident

Example

38-year-old / Neck injury

Contacted Fortis for an assessment three months after the accident. Fortis assisted the client in reporting the accident to the car’s insurance company as well as the employer’s accident insurance company, as the client had around the clock coverage due to their wage agreement/union contract. Fortis took care of all case elements, communication with liable parties, collection and analysis of the necessary data and arranged for the reimbursement of medical expenses.

Eight months after the client’s first meeting with Fortis, all necessary data had been compiled and two impartial assessors assessed the extent and severity of the damages suffered in the accident.
The results of the assessment arrived eight weeks after the assessment meeting: 8% loss of amenity/medical disability and 8% loss of earning capacity/financial disability. The total compensation amounted to approx. 9.700.000 kr.

27-year-old / Neck injury

Contacted Fortis for an assessment nine months after the accident. Fortis assisted the client in reporting the accident to the car’s insurance company. Fortis took care of all case elements, communication with liable parties and collection and analysis of the necessary data.
Five months after the client’s first meeting with Fortis, all necessary data had been compiled and two impartial assessors assessed the extent and severity of the damages the client suffered in the accident.

The results of the assessment arrived eight weeks after the assessment meeting: 5% loss of amenity/medical disability and 5% loss of earning capacity/financial disability. The total compensation amounted to approx. 5.300.000 kr.

Please note that each case is unique and there are many variables that affect the amount of compensation, such as the insurance involved, age and assessment results. When settling on the basis of the tort law, the average income before the accident is also important.

The General Process of a Personal Injury Case

Fortis is with you every step of the way.

Step 1

Reporting the accident

It is important to report an accident to your insurance company as soon as possible so that you do not lose your right to compensation. Fortis lawyers can assist you with reporting if necessary.

Step 2

Data collection

The necessary data varies across case types, but for personal injury cases the main case data is data that proves and documents the accident and the injury; such as police reports, doctor’s reports and medical records, records from physical therapists, psychologists, dentists and other parties that assist the injured person in recovery. We at Fortis will take care of the data collection on your behalf.

Step 3

Assessment of consequences

When all the necessary data has been collected it is time to commission an impartial third-party assessor to assess the extent and the severity of the injuries suffered in the accident. As a general rule the assessment is not conducted until at least one year has elapsed from the accident’s occurrence. We at Fortis will guide you every step of the way during the assessment period of the case.

Step 4

Settlement

Fortis lawyers submit a claim for compensation based on the assessment. In most cases, an agreement on compensation is reached, but in cases where an agreement is not reached, Fortis lawyers will take care of legal action.

What do I need to keep in mind?

It is of vital importance to seek medical assistance as soon as possible after an accident, be it a hospital or health care centre. Otherwise, it may be difficult to prove that an injury or a symptom is a consequence of the accident.

You need to save and collect receipts due to healthcare visits, medicine and physical therapy costs to prove your expenses so that we may arrange for your costs to be reimbursed.

If you want to seek compensation for clothing or other damaged items you need to safely store the items in question, as the insurance company may require such items to be turned in.


How much does the assistance of a lawyer cost?

Fortis will provide you with an assessment of your case free of charge.

In the vast majority of cases, Fortis takes care of the cost associated with gathering medical records and other necessary data. In the beginning stages of your case, you will neither be billed for data collection and gathering, nor lawyer fees.

The cost for the assistance of a lawyer is generally paid at the final stage of the case, when a settlement has been agreed upon and paid by the insurance company and other parties if applicable. If the case is based on tort law, i.e. when the case is a traffic accident or a work accident on sea, the insurance company is generally liable to pay the majority of the costs of legal representation.


Why do I need a lawyer?

Without the assistance of a lawyer, you do not stand on equal ground. You represent your own interests against expert employees of the insurance company, who safeguard their employer’s interests. There is a considerable risk that by not having expert representation you will not receive all the benefits and compensation you are entitled to. Furthermore, employees of insurance companies are not obligated to inform you of compensation you may be entitled to from other parties (e.g. due to a collective wage agreement/union contract).


Do I have the right to compensation despite being at fault for a traffic accident?

In short, yes.

There is a widespread misunderstanding that the at-fault driver in an accident is not entitled to compensation for their personal injuries. A driver, passengers and all other parties that are harmed in a vehicular accident do as a general rule all have the right for compensation. The same does not apply for the damage caused to the vehicle itself.

However, it must be noted that the consumption of alcohol or other intoxicants and/or other serious traffic offences may result in reduction or removal of the right to compensation.


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