THE SHORT ANSWER
If you are injured in a traffic accident involving a motor vehicle, you may receive compensation from motor third-party insurance. According to Konsumenternas, it pays for personal injury to drivers and passengers in the car regardless of who is at fault. Cyclists and pedestrians who are hit can also receive compensation.
This guide shows which policy you claim from, when Swedish Motor Insurers takes over, which time limits apply and how compensation relates to sick pay, the Swedish Social Insurance Agency and your own accident insurance. [2][3]
Keep these points in mind
- Personal injury is paid by third-party insurance regardless of who caused the accident.
- If the vehicle is unknown or uninsured, Swedish Motor Insurers handles the claim.
- You have ten years from the accident, but report it as soon as possible.
STEP BY STEP
How to check your cover
Find out which third-party policy applies to you
Under the Traffic Damage Act, drivers and passengers injured in a motor vehicle in traffic receive compensation from that vehicle's third-party insurance. If you ride in someone else's car, it is that car's third-party insurance you claim from.
Other personal injuries resulting from traffic, for example when a cyclist or pedestrian is hit, are compensated under the Act from the vehicle's third-party insurance. Konsumenternas points out that a traffic injury can also occur when getting in or out of a vehicle, and in other situations that can be regarded as resulting from traffic.
[1][3]Turn to Swedish Motor Insurers when the vehicle is unknown or uninsured
Swedish Motor Insurers (TFF) handles injury and property claims caused by unknown or uninsured vehicles that are required to have third-party insurance. This also applies if you were in or on such a vehicle yourself. TFF also handles some claims involving foreign vehicles.
Konsumenternas says you can claim compensation from TFF if the car has no third-party insurance or if the driver leaves the scene. If you are unsure whether TFF handles your claim, you can use its digital claim form. If the claim does not belong with TFF, you are told what to do instead.
[4][3]Report in time and keep the paperwork
TFF says you have ten years to report a claim, counted from the day of the accident, and that the right to compensation otherwise lapses. The rules are in Section 31 of the Traffic Damage Act. If you reported the claim in time, the Act always gives you at least six months to bring legal action after the insurer has taken a final position.
Even so, report the injury as soon as possible, since it makes handling easier. Konsumenternas says extra costs, for example for medical care, medicines and travel for treatment, must be supported by receipts or similar proof. Also report the injury to your accident insurance policies.
[5][1][3]See how compensation fits with pay and other insurance
According to Konsumenternas, you can receive compensation for physical and mental suffering, extra costs, loss of income and lasting symptoms. Compensation for loss of income is meant to equal the difference between your income before and after the injury. It is reduced by payments from the Swedish Social Insurance Agency and from your employer.
If you are employed, the Swedish Social Insurance Agency says your employer pays you during the first two weeks you are sick, and sickness benefit can be paid from the 15th day. Payments from a privately purchased life, accident or sickness policy do not reduce the damages, Konsumenternas says. Your accident policy assesses the injury under its own terms.
[3][7]
- Something happens
- Limit the damageAs far as you can
- Report it to the insurerPolice report for theft
- The insurer assesses and decidesAsk for the decision in writing
- A review, or ARNIf you disagree
The Road Traffic Injuries Commission and the amount of compensation
The Road Traffic Injuries Commission only reviews cases where a person has been injured in traffic by a motor vehicle, and does not review damage to vehicles or who caused the accident. For more serious injuries, Konsumenternas says the insurer must let the commission review the case before deciding on compensation. The commission gives a disability rating of at least ten percent as an example. According to Konsumenternas, the aim is fair and reasonable compensation for you.
If your case is mandatory, you cannot apply yourself, since the insurer must let the commission review it. In other cases you can apply for a review yourself, and the review is free of charge. For injuries from 1 January 2015, you have ten years from the date of injury to apply. The insurer does not have to follow the commission's opinion, but according to the commission it does in the vast majority of cases. If TFF handles your case, you cannot turn to the commission directly.
[6][3]Keep track of your own policies after an accident
Bring your policy documents together in My Forsio, for example your car insurance and your accident policies. Each detail is shown with the passage it came from, so you can see which policies may be affected and read the terms yourself. If a document is missing, the detail is shown as Unverified, not as confirmed absent.
Forsio does not decide who was at fault, which policy pays or how much compensation you receive. The insurer or TFF assesses that, in some cases after an opinion from the Road Traffic Injuries Commission. Forsio is not an insurance intermediary and does not provide insurance advice.
Fictional example
A passenger in a friend's car.
Lina hurt her neck as a passenger when her friend's car hit a barrier. She goes through what applies to her.
- Personal injury as a passenger
- The friend's third-party insurance
- Accident policy through the union
- UnverifiedThe insurance statement is not in the documents.
- Private accident policy
- End date before the accidentPotential gapAsk the insurer whether the policy was renewed.
Third-party insurance applies to Lina as a passenger. What the accident policies may pay is decided by their terms and by each insurer separately.
Common questions
Do I get compensation if I caused the accident myself?
As a main rule, yes. Konsumenternas says third-party insurance pays for personal injury to drivers and passengers regardless of who is at fault. Under the Traffic Damage Act, compensation can be reduced if you contributed to the injury intentionally or through gross negligence, or if you drove under the influence and contributed to it through negligence. [2][1]
Who pays if the driver fled or the car was uninsured?
Then Swedish Motor Insurers (TFF) handles the claim. TFF pays for injury and property damage caused by unknown or uninsured vehicles that are required to have third-party insurance, and some claims involving foreign vehicles. According to Konsumenternas, you claim compensation from TFF in these cases. [4][3]
How long do I have to claim compensation?
According to TFF, you have ten years to report the claim, counted from the day of the accident. The rules are in Section 31 of the Traffic Damage Act. If you reported in time, you always have at least six months from the insurer's final position to bring legal action. Report as soon as possible, since it makes handling easier. [5][1]
Does my own accident insurance affect compensation from third-party insurance?
According to Konsumenternas, the damages are not reduced by payments from a privately purchased life, accident or sickness policy. Compensation for loss of income is, however, reduced by payments from the Swedish Social Insurance Agency and your employer. Also report the injury to your accident policies; each one assesses it under its own terms. [3]
What applies if the accident happened abroad?
Under the Traffic Damage Act, compensation is also paid for injuries in traffic abroad involving a vehicle registered in Sweden, if the injured person is a Swedish citizen or resident in Sweden. TFF also handles some claims involving foreign vehicles. [1][4]
Can I get help from a legal representative?
According to Konsumenternas, if you have been injured in a traffic accident you can in some cases get free help from a legal representative. Contact your insurer if you need it. A review by the Road Traffic Injuries Commission is also free of charge. [3][6]
MY FORSIO
Have your policies at hand when something has happened.
Bring your car insurance and accident policies together in My Forsio. Read terms, periods and amounts with the passage they came from. Free for individuals.
Sources and references
Sources checked
This guide explains general principles of Swedish insurance. Your policy schedule and terms set out what applies to you.
- Swedish Parliament: Traffic Damage Act (1975:1410), Sections 8, 10 to 12 and 31
- Konsumenternas: what car insurance includes, personal injury regardless of fault
- Konsumenternas: claiming compensation for personal injury after a traffic accident
- Swedish Motor Insurers: which claims TFF handles
- Swedish Motor Insurers: do not wait too long to report
- Road Traffic Injuries Commission: after an injury, reviews and time limits
- Swedish Social Insurance Agency: on sick leave as an employee