Fatal Road Accidents: Dependants' and Estate Claims
Where a person is killed in a road accident, the law recognises two separate claims: one by the family members who depended on them financially, and one by the estate. This guide explains how they differ, who pays, how the loss is calculated, and where criminal proceedings fit in.
Two separate claims
Where a person is killed in a road accident, the law recognises two kinds of claim that are neither identical nor interchangeable.
The dependants' claim
This is a claim by family members who were financially dependent on the deceased, for the loss of the support they would have received. It is assessed by reference to what they actually received, not by what the deceased earned.
The estate's claim
This is a claim brought by the heirs on behalf of the estate, for the loss caused to the deceased personally. It forms part of the estate and is distributed under the rules of succession or under a will.
The two claims do not simply accumulate. The court examines the relationship between them so that no double recovery is awarded for the same loss, which means that how the claim is structured affects the outcome before the extent of loss is even considered.
Who counts as a dependant
Dependency is not determined by family relationship alone but by financial dependency that existed in fact. A spouse, children, and at times parents or siblings, may fall within the definition where such dependency is shown.
The examination focuses on three matters:
- The deceased's income and what portion of it actually supported the family.
- The expected duration of that support but for the accident, by reference to age, occupation and personal circumstances.
- The expenses saved as a result of the death, which the calculation takes into account.
This is an economic calculation rather than an assessment of personal loss. It is usually carried out with an actuarial opinion, based on documented earnings.
What the estate's claim covers
The estate's claim concerns the loss suffered by the deceased, not the family's loss. It mainly covers the period between the accident and the death, where there was one, and the expenses incurred during it.
Where death was immediate, the scope of this claim is narrow and the centre of gravity moves to the dependants' claim. Where time passed between the accident and the death, the picture differs, and the medical record of that period carries real weight.
Who pays
The rule that is distinctive to road accidents applies here too. Section 2 of the Road Accident Victims Compensation Law, 5735-1975, places the duty to compensate on the user of the vehicle regardless of the driver's fault, so there is no need to prove who caused the accident.
In most cases the approach is directed to the insurer of the vehicle involved. Where no insurer can pay, sections 10 and 12 of the Law point to Karnit, including in a hit and run, where the vehicle had no valid insurance, or where the insurer is in liquidation.
If the accident occurred on the way to or from work, recognition as a work injury before the National Insurance Institute may run in parallel, and that affects the overall calculation.
The criminal proceedings, and what they are not
Alongside the civil claim, criminal proceedings against the driver involved sometimes take place. The two are separate: the criminal case concerns the driver's criminal responsibility, while the civil claim concerns compensating the family and does not depend on its outcome.
For the family this means that the question of compensation does not wait for the criminal case, and does not fall away if that case ends unsatisfactorily. The firm does not act in criminal proceedings; the representation here is civil.
How a matter of this kind proceeds
- Gathering the foundation. The police report, the medical records, and the deceased's earnings documents.
- Mapping the dependants and deciding who brings the claim and in what capacity.
- Identifying the payer, insurer or Karnit.
- Quantifying the loss, usually with an actuarial opinion.
- Conducting negotiations or proceedings against the paying party.
There is also a non-legal dimension to these matters. The family is required to deal with documents and figures at the hardest possible time, and one purpose of legal representation is to reduce as far as possible what is actually asked of them.
Time limits and documentation
These claims are subject to time limits, and they are not identical for every claimant. For a minor, for example, the period is counted differently, which matters where the claimants include young children.
Beyond the formal deadline, it is the financial foundation that erodes with time: payslips, income confirmations and documents showing the actual extent of support. Collecting them in an orderly way as early as possible directly affects the ability to prove the loss.
In summary
A fatal road accident gives rise to two separate claims: the dependants' claim, concerning the loss of financial support to family members, and the estate's claim, concerning the loss suffered by the deceased. They do not simply accumulate. The paying party is determined by the rule distinctive to road accidents, under which section 2 imposes liability regardless of fault, and where no insurer can pay the claim is directed to Karnit. Criminal proceedings, where they take place, are separate and do not determine the question of compensation.
The complexity here is not whether compensation is due, but in structuring the case correctly: who the dependants are, how the extent of support is proved, how future losses are calculated, and how the two tracks relate to one another. That combination calls for familiarity with the Law and with the methods of calculation, and for professional legal representation by a lawyer practising in the field.
If you have lost a family member in a road accident, contact us and we will review the facts and the options open to you together, at a pace that suits you.
Frequently asked
What is the difference between a dependants claim and an estate claim?
Do we have to prove who caused the accident?
Criminal proceedings against the driver are still running. Do we have to wait?
Who counts as a dependant?
How is the loss calculated?
Which documents matter most?
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Joint TortfeasorsAbsolute LiabilityCompensation for a Work AccidentWork disability claimOccupational diseaseMicrotrauma injuryCommuting the disability pensionLost a family member in a road accident?
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