APPLIES TO ACADEMIC YEAR 2015/2016 Norwegian version

FAK 2619 Personal Injury Claims Handling, part II

Responsible for the course
Inge Unneberg

Department
Department of Accounting - Auditing and Law

Term
According to study plan

ECTS Credits
7,5

Language of instruction
Norwegian

Introduction
An in-depth introduction to evaluation and calculation of compensation after personal injuries. Main focus on injuries after motor accidents, but also occupational injury and disease and injury caused by negligence or malpractice by a hospital or a medical professional are discussed. Topics from tort law and legal practice are discussed with focus on contributory negligence by the injured party recourse and limitation period.

Learning outcome
Acquired knowledge
The students shall obtain the necessary knowledge to appreciate liability after an evaluation of casual connection, from both a legal and medical point of view, and whether they can claim contributory negligence by the injured party or identification. Further they shall have knowledge about the principles of casual connection and calculation of compensation regarding workmen’s compensation insurance. They shall also be familiar with the regulations regarding reopening of a case and the limitation period specified in relevant laws, and regulations regarding recourse in the Motor vehicle liability act and the Act relating to compensation in certain circumstances and agreement between the companies.

Acquired skills
The students shall be able to discuss if there is adequate casual connection between an accident and the compensation claimed. Further if there’s contributory negligence by the injured party, sufficient grounds to reopen a case or whether the limitation period has expired. Further they shall be able to establish if an injury is included in the liability basis of workmen’s compensation insurance and calculate the compensation. Finally they shall be able to consider cases related to recourse regulations based on laws and agreement between the companies.

Reflection
The students shall acquire a conscious attitude to the fact that their professional advice and decisions they make, especially when they decide if an injury is covered by the insurance or not and the claims settlement, might be of great importance for other people than themselves. Advice and claims handling shall be based on respect for the injured party and his or her situation after the injury.

Prerequisites
BI courses: Introduction to Insurance, Introduction to Law 1, Motor Insurance, Motor Insurance Claims Handling 1 and Personal Injury Claims Handling 1 or equivalent.
This course is a follow-up of Personal Injury Claims Handling 1.

Compulsory reading
Books:
Trosdahl, Kristian, red. 2013. Personskadeoppgjør. 8. utg. BI Forsikring. Kapittel 2.7, 3, 12, 13 og 15.1 – 15.3

Book extract:
Skårberg, Lars Olav og Marianne Reusch. 2003. Yrkesskade : forsikring og trygd. Cappelen akademisk forlag. Kapittel 9 og 10

Other:
Domssamling: Sentrale høyesterettsdommer, satt sammen av BI Forsikring
Følgende utvalgte artikler fra Tidsskrift for erstatningsrett:.
Bjørn Engstrøm: Skadelidtes medvirkning - bilansvarsloven (BAL) § 7 fra 2005, s. 3ff (i sin helhet – finnes i forkortet utgave som kap. 13 i læreboka).
Bjørn Engstrøm: ”Kravet til årsakssammenheng – særlig om hovedårsakslæren” fra 2007, s. 67ff (noe omarbeidet 2011).
Truls Nygård: ”Gjenopptak av personskadeoppgjør” fra 2007, s. 33ff.
Lover, forskrifter og utdelt materiell


Recommended reading

Course outline
Calculation of compensations - overview, repetition from Personal Injury Claims Handling 1

Casual connection

• De facto casual connection – medical assessment and legal problems
• Terms introduced in Norwegian courts and legal theory as means of evaluation of casual connection ("betingelseslære", "sårbarhetsprinsipp", "uvesentlighetslære")
• Biomecanics
• Foreseeable casual connection

• Contributory negligence on the part of the claimant
• Overview of bal. § 7 - related to bal. § 8
• Relation to Act relating to compensation in certain circumstances (skl.)

• Casual connection
• Calculation of compensation

• Casual connection
• Calculation of compensation

• Third party motor insurance – Motor Vehicle Liability Act §§ 8, 12 and 13.
• Other liability insurance - Act relating to compensation in certain circumstances (13.6.1969, no. 26) §§ 3-7, 5-1 and 5-4.

• Settlement
• Reopening – invalidity, Contract Act §36
• Reconciliation