Being involved in a traffic accident can be a traumatic experience, and afterwards, a number of challenges may arise in relation to obtaining compensation. Although there are laws and insurance schemes in place to protect victims, it is not always easy to obtain the compensation you are entitled to. This article explains why it can be difficult to obtain compensation after a traffic accident and provides specific advice on what you should do to increase your chances of getting what you are entitled to.

1. Resistance from insurance companies

Insurance companies have a financial incentive to reduce their payouts. Although they are obligated to treat claims after a traffic accident fairly, they will often look for reasons to reject or reduce a claim. They may argue that your injuries are not serious enough, that they were not caused by the accident, or that you contributed to the accident yourself.

2. Evidence requirements and documentation

In order to receive compensation, you must be able to document your injuries, both medical and financial. If you do not have sufficient evidence, it may be difficult to succeed. This is particularly true if you do not see a doctor immediately after the accident, or if you do not have witnesses who can confirm the course of events.

3. Medical assessment and causal relationship

A common challenge in compensation cases is proving that the injury was caused by the accident and not by a previous injury or other health condition. Insurance companies may obtain their own medical assessments, which may not correspond with those of your own doctor or specialist. If there is uncertainty about the causal link, this may result in your claim being rejected.

4. Own fault or partial responsibility

If there is any doubt about who is at fault for the accident, this can complicate the compensation process. If the insurance company believes that you contributed to the accident by driving carelessly, breaking traffic rules, or being inattentive, this may result in your compensation being reduced or denied altogether.

5. Deadlines and formalities

Claims for compensation must be submitted within certain time limits. If you wait too long to report the traffic accident or submit the necessary documents, you may lose your right to compensation. Insurance companies also have complex requirements for how a claim must be documented, and errors or omissions in the application can lead to delays or rejection.

What should you do to get compensation?

1. Secure evidence at the scene of the accident

If you are able to do so after an accident, you should gather as much evidence as possible:

• Take photos of the damage to the cars and any personal injuries.

• Obtain contact information for witnesses.

• Write down details about how the accident happened.

• Ensure that the accident is reported to the police, especially if there are injuries.

2. Seek medical attention immediately.

Even if you feel fine immediately after the accident, injuries such as whiplash or internal injuries may only become apparent after a few hours or days. If you do not see a doctor early on, the insurance company may claim that your injuries are not due to the accident. Make sure that the doctor thoroughly documents all your symptoms.

3. Notify your insurance company as soon as possible.

It is important to report the accident to your insurance company as soon as possible. This ensures that the claim is registered early and that you receive guidance on what documents are required.

4. Save all documentation

To strengthen your case, you should gather all documentation relevant to your claim:

• Medical records and discharge summaries.

• Receipts for medication, physical therapy, or other treatment.

• Pay slips showing lost income if you have been on sick leave.

• Correspondence with the insurance company.

5. Do not accept the first offer without evaluation

Insurance companies may offer a quick settlement to close the case early. Often, this amount will be lower than what you are actually entitled to. It may therefore be wise to consult a lawyer before accepting an offer.

6. Get legal help if necessary

If the insurance company rejects your claim or offers unreasonably low compensation, it may be wise to contact a lawyer who specializes in personal injury and compensation law. Langseth Law Firm offers a free initial assessment of your case.

7. Be patient and prepare yourself for a long process

Compensation cases can take time, especially if there is disagreement about the extent of the damage or questions of liability. It is important to be patient and not give up, even if the process seems difficult. The better prepared you are with documentation and support, the greater the chance of receiving fair compensation.

Conclusion

Although it can be challenging to obtain compensation after a traffic accident, it is by no means impossible. The biggest obstacle is often the reluctance of insurance companies to pay out large sums, combined with requirements for documentation and medical assessments. To increase your chances of getting what you are entitled to, you should act quickly, gather evidence, follow up on the injury medically, and seek legal assistance.

The author of the article, lawyer Einar I. Lohne, is a partner at Langseth law firm. Lohne has the right to appear before the Supreme Court and has handled several hundred compensation cases for injured parties in courts throughout the country. He regularly gives lectures to lawyers and injured parties, and in 2020 he published the book Erstatningsoppgjør (Compensation Settlements) with Gyldendal publishing house. Lohne is a member of the Norwegian Bar Association's legal committee for compensation.