Questions and answers
In most cases the payment of compensation takes place two or three years after an accident. It can take longer if the injured party does not seek legal assistance immediately as well as proof could be more difficult.
Compensation can be claimed for several years after an accident. However, we advise people to seek legal assistance as soon as possible following an accident. The general rule regarding traffic accidents is that the right to compensation expires in four years and it is not possible to claim compensation if ten years have passed since an accident. In the case of a leisure accident, a final disability assessment must be available within three years of the accident.
It is necessary to have basic information about the accident, where and when it occurred and when a doctor was consulted following the accident.
Disability assessment is an assessment of the consequences of an accident between the injured party and the insurance company involved. That assessment is different from an assessment of disability at Tryggingarstofnun. The assessment can be in the hands of a disability committee that operates according to the Compensation Act, but in most cases it is the injured party’s lawyer and the insurance company in question who agree on two people to carry out the assessment, ie. two doctors or a doctor and a lawyer.
Damage caused by an “accident” is not liable for damages because of the principle of guilt. For the principle of guilt to be applied, damage must at least be caused by negligence. The injured party has the burden of proof that the conduct that caused the damage was culpable.