Reduced compensation
Common examples of negligence in traffic are speeding, inattention, not giving way to traffic from the right, being under the influence of drugs and/or alcohol, or driving too close to the car ahead. In that way the driver can consciously contribute to a collision with another vehicle.
That it was a case of negligence, intent or driving under the influence of alcohol or drugs is often clear from a police investigation, a criminal judgment or from another investigation in the case.
Reducing compensation is called adjustment. Adjustment is carried out at various fixed intervals, in accordance with case law from the courts.
Reduced compensation for personal injury
We may reduce your compensation if the accident occurred because you were grossly negligent or consciously contributed to the injury. We may also reduce the compensation if you were driving the vehicle while intoxicated or severely intoxicated and consequently contributed to the accident.
- The compensation may be reduced by a third, 50 per cent, two thirds or 100 per cent.
- Compensation for costs of medicine and medical care is never reduced.
The legal provisions can be found in Section 12 of the Motor Traffic Damage Act and in Sections 4 and 4 a of the Act on Penalties for Certain Traffic Offences.
Reduced compensation for property damage
We may reduce your compensation if the accident occurred because you, or the person in charge of your property, were negligent or consciously contributed to the damage.
The compensation may be reduced by a third, 50 per cent, two thirds or the entire amount of compensation.
The legal provisions can be found in Sections 10 and 12 of the Motor Traffic Damage Act.
Age and condition
There is also what is called an age deduction. This means that we can deduct a certain percentage of the compensation depending on the age and condition of what has been damaged.
What is meant by property damage and personal injury?
A property damage (or material damage) claim is a claim concerning a physical object that is not a human being - such as a house, a car, an animal or a bicycle.
By personal injury is meant a physical or mental injury caused by a person’s action.