If the company's decision has in the opinion of the injured party been based on e.g. incomplete or incorrect information, he or she may ask the company to correct its decision. When lodging in the correction request, the appellant must specify what part of the decision should be corrected and state the grounds for the correction request.
The purpose of the Board as set by the Finnish Council of State is to issue statements on compensation for traffic accidents. An injured party, policyholder or anyone else with the right to compensation who is dissatisfied with the compensation decision of the insurance institution has the right to ask the Traffic- and Patient Accident Board for a statement.
Processing by the Traffic- and Patient Accident Board is free of charge.
Prior to the compensation decision, the insurance company must request the Board to issue a statement on the following matters that concern:
- continuous compensation paid on the basis of permanent loss of income or death, or the one-off capital value paid instead of the continuous compensation
- an increase or decrease in continuous compensation
- compensation paid on the basis of defect, if the injury is severe
- the rectification of an erroneous decision to the detriment of an involved party, if the involved party does not agree to the rectification of the error. However, a statement does not have to be sought if the error is obvious and if it has resulted from the involved party's own actions, or if it is a case of an obvious error in writing or calculation.
In addition, the insurance company is entitled to request a statement on other matters concerning the compensation case.
If the insurance company's decision deviates from the Board's statement to the detriment of the recipient, the insurance company must add a statement to its decision and give that decision to the Board.
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The Bureau provides insurance, banking and securities customers with advice in problem situations. The duty of the Bureau is to give advice and assistance to consumers in insurance matters, to investigate compensation matters, and matters which concern the application and interpretation of insurance contracts and insurance terms.
The Insurance Board operating in conjunction with the Finnish Financial Ombudsman Bureau can issue statements on matters related to the motor liability insurance contract in which the Finnish Financial Ombudsman Bureau has no competence. The Insurance Board does not handle compensation matters based on motor liability insurance.
Rehabilitation cases are appealed to the Insurance Court. The decision of the Insurance Court is final.
A claimant dissatisfied with a compensation decision can appeal for a change in the district court by bringing an action against the insurance company within three years of receiving written notification of the insurance company's decision and this time limit.
The claimant is deemed to have received the decision by the seventh (7th) day after mailing, unless proved otherwise.
The claimant can also take the matter to the district court in conjunction with the criminal case related to the traffic accident. Pursuant to section 80 of the act governing motor liability insurance, a compensation case can be investigated by a court of justice provided that the insurance company refuses to pay the compensation required from it. In this case, evidence has to be submitted to the court that the insurance company has refused to pay the compensation demanded from it. As per Section 80 of the Motor Liability Insurance Act, the insurance company must be summoned to the trial for a hearing. The summons has to be sent at least 14 days before the trial.
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