Tort Attorney
Compensating victims of road accidents in accordance with the Compensation Law
All of us are at risk of injury from road accidents all of the time and in unexpected circumstances.
As a result of the high number of road accidents, the legislator established a specific legal framework to regulate the compensation for victims of road accidents. Our discussion in this section will focus on the main issues arising from the established legal arrangement and the ways in which compensation can be obtained under the law for car accidents.
מאת עו״ד ונוטריון יגאל מור
דיוק בייעוץ המשפטי. מצויינות בליווי המשפטי.
What constitutes a "car accident?" according to the law?
For an accident to be classified as a “traffic accident,” the conditions set forth in the law must be met, and if one of those conditions is not met, compensation will not be paid according to the Law on Compensation for Victims of Traffic Accidents (hereafter: PLTAD), but rather according to general tort law.
It is required that physical or mental injury be sustained by a driver as a result of damage caused to a motor vehicle while the vehicle is being used for transportation purposes. This means that damage resulting from routine use of a vehicle will be considered a traffic accident that qualifies for the PLD. It should be noted that even less routine events, like an explosion of one of the car’s parts, can be considered accidents.
As a result, injury from a vehicle resulting from a traffic accident occurring every day can establish the special cause under the ordinance. Note that “vehicle” does not only refer to a private vehicle, but also to a train, tractor, truck, or mobile machine.
You should know that if the injury was intentionally caused, it is not an accident, and the PLTAD will not apply to her, as it will be a different tort, which is of no concern to us.
It should be noted that injuries caused by non-motorized (regular) bicycles also do not fall within the limits of the PLD. Thus, other damages resulting from the traffic accident are not compensated under the PLD, but by the general tort arrangements.
So who's owed compensation?
According to the law, the driver of the car must pay compensation to the victim, regardless of whether they are at fault. The legislator chose to apply a regime of absolute liability to the driver of the vehicle in cases of traffic accidents, so that the driver of the vehicle is responsible for any injuries caused by the accident.
In the event that more than one vehicle was involved, each driver is responsible for compensating the passengers. If the victim was a pedestrian, the drivers will each be liable for an equal percentage of the damages sustained by the pedestrian. As an example, if a pedestrian is injured in a chain accident involving three cars, each driver will be charged a rate of 1/3 of the total damage.
Acordinaly the legislator decided to impose an arrangement of absolute responsibility on the drivers. This is so that in the event of a traffic accident, the insurance company will pay the settlement, not the drivers.
Nevertheless, not all drivers adhere to the law, and it may be difficult to recover compensation when the offending driver lacks the funds to pay, is unknown (such as when a hit-and-run accident takes place) or used the vehicle without the owner’s consent. It is in such a case that the State is required to create a dedicated fund known as “Karnit,” whose purpose is to compensate victims in the event that repayment cannot be obtained from the offending driver. Compensation from the fund is equal to the amount of compensation that would have been awarded if compensation from the offending driver had been recovered.
So what should you do if you are injured in a motor vehicle accident?
Having a car hit you is no easy task, and many times the effects do not manifest immediately after the impact, and the damage is not discovered for some time afterwards. On the other hand, if you file your claim immediately after the accident, additional damages may be discovered later, and the law will not allow you to add additional grounds to your claim.
It is therefore imperative to document all damages and injuries, both physical and mental, and use a professional lawyer so that you can exhaust your rights and be compensated at the appropriate rate for the severity of the injuries sustained in a car accident.
Thus, when accidents happen:
- Be sure to obtain the details of the offending driver and his insurance company, as well as to take photographs of the accident scene and the damages caused there, and keep all documentation of the accident.
- In many accidents, the police are present to collect evidence, but if the police were not present, it is important to file a complaint to ensure that the damage has been documented externally and objectively.
- Even if you do not feel an immediate need for medical attention after the accident, seek medical attention. Describe to the medical personnel the various injuries that you have experienced and the sensations and pains you are experiencing. It’s important to have reliable medical documentation to prove the damage later on. It is also recommended that you seek psychological or psychiatric counseling in order to assess any mental damage caused by the accident in order to receive compensation.
- Be sure to keep a record of all appointments and expenses you incur as a result of the accident: travel, missed work days, special treatments, and various payments you had to incur as a result of the accident.
- Having professional legal representation will assist you in the process and ensure that you receive the maximum compensation you deserve as a victim.
What is the method of determining the amount of compensation?
As mentioned, for the court to calculate the compensation according to three central (but not exclusive) rules, all damages must be specified when the court calculates the compensation:
- The age of the victim
- The capacity to earn
- The extent of the accident’s disability
According to the law, every victim of an accident is entitled to compensation for pain and suffering up to the maximum rate established by law; however, there may be differences in compensation due to differences in earning capacity, which will be reflected in the calculation of compensation for loss of working days.
Have you been injured in a car accident?
We invite you to consult with us urgently about your legal options.
The tort department at the law firm Moore & Co. offers professional and personal treatment on a variety of issues Related to tort law : gross negligence, personal injury claims, traffic accidents, work accidents, social security, property damage and defamation claims – injury to the good name .
Our legal services begin with the development of a comprehensive and accurate legal strategy designed to obtain a fair compensation for our clients.
With extensive experience and legal knowledge of the legal system, as well as professional treatment of hundreds of clients, we are here to assist you throughout the entire process.
Contact us at 02-595-3322 or WhatsApp 050-8116181 to schedule a legal consultation .
At the meeting, we will discuss your right to compensation and work to ensure that you are able to exercise all of your rights.
Mor & Co. attorneys are here to assist you .
What is a "car accident"? An event occurring as a result of the use of a motor vehicle for transportation purposes, such as a fire that was caused by a part of the vehicle or by another substance essential to its ability to drive, is also considered a traffic accident., Even if they occurred by an outsider of the vehicle, an event caused by damage to a vehicle parked in a place where it is forbidden to park or an event caused by the utilization of the vehicle's mechanical power, provided the vehicle did not alter its original purpose during the said use; however, they will not consider as a traffic accident an event that occurred as a result of an act done intentionally to cause damage to the body or property of that person, and the damage was caused by the act itself and not the effect of that act on the operation of the motor vehicle;
How is a "motor vehicle" or "vehicle" defined? A vehicle driven by mechanical power on the ground, primarily used for land transportation, such as a train, a tractor, and a mobile machine capable of traveling on the road, except for a wheelchair and escalator.
How is a "bodily injury" defined? Death, illness, physical, mental, or mental impairment, including damage to a device that was necessary for the functioning of one of the body parts that was attached to the victim's body at the time of the traffic accident;
