Tort Attorney
Compensation for Road Accident Victims Under Israeli Law
Every road user in Israel faces the risk of injury from traffic accidents — often in unexpected circumstances. Recognizing the high frequency and severity of road accidents, the Israeli legislature enacted the Compensation for Road Accident Victims Law, 1975. This landmark statute establishes a comprehensive framework for compensating individuals injured in car accidents, regardless of fault, ensuring that victims receive the financial support they need to recover.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
What Qualifies as a "Car Accident" Under the Law?
For an incident to be classified as a “traffic accident” under the Compensation Law, it must satisfy specific statutory conditions. If any of these conditions is not met, the victim will not be eligible for compensation under this particular law, though other legal avenues may be available. Understanding these criteria is essential for determining the applicable legal framework for your claim.
The law requires that the claimant sustained physical or mental injury as a result of damage caused by a motor vehicle while the vehicle was being used for transportation purposes. This means there must be a direct causal connection between the vehicle’s use and the injury suffered. The definition of “vehicle” under the law encompasses a broad range of motorized transportation, though certain categories — such as trains — are excluded.
Accordingly, injuries resulting from everyday traffic accidents generally establish the requisite cause of action under the statute. It is important to note that the definition of “vehicle” does not include every type of motorized conveyance; certain exclusions apply. An experienced tort attorney can advise you on whether your specific accident qualifies under the Compensation Law.
You should be aware that if the injury was intentionally self-inflicted, the victim is not entitled to compensation under the Compensation Law. This exclusion is designed to prevent abuse of the statutory compensation framework and applies only in cases where the injury was deliberately caused by the claimant.
Who Is Entitled to Compensation?
Under the Compensation Law, the driver of the vehicle must pay compensation to the accident victim regardless of fault. The legislature chose to impose a regime of absolute liability, meaning the injured party does not need to prove that the driver was negligent — only that an accident occurred and that injuries resulted from it. This approach significantly streamlines the claims process for accident victims.
When multiple vehicles are involved, each driver is responsible for compensating the passengers in his or her vehicle. If the victim was a pedestrian, all drivers involved share joint liability for the pedestrian’s injuries. These rules ensure that victims are not left without a source of compensation, even in complex multi-vehicle accidents.
By imposing absolute liability on drivers, the legislature ensured that in the event of a traffic accident, the insurance company — rather than the individual driver — bears the financial burden of compensation. This is why compulsory motor vehicle insurance is mandatory for all drivers in Israel; it guarantees that a funding source exists to compensate accident victims promptly and adequately.
Nevertheless, not all drivers comply with the insurance requirement. Recovering compensation may prove difficult when the at-fault driver lacks the financial means to pay, cannot be identified (as in hit-and-run accidents), or was driving without valid insurance. In these situations, the Karnit Fund — a statutory compensation body — steps in to ensure that victims are not left without recourse.
What Should You Do After a Motor Vehicle Accident?
Being struck by a vehicle is a traumatic experience, and the effects of the injury often do not manifest immediately. Some injuries — such as soft tissue damage, concussions, or psychological trauma — may take days or even weeks to become apparent. For this reason, it is critical to seek medical attention promptly after any accident, even if you feel fine initially, and to follow up with your physician as symptoms develop.
It is therefore imperative to document all damages and injuries — both physical and psychological — thoroughly and consistently. Engaging a professional attorney early in the process ensures that you preserve critical evidence, meet all statutory deadlines, and exhaust every avenue of compensation available to you under the law.
When an accident occurs, take the following steps: obtain the at-fault driver’s details and insurance information, photograph the accident scene and any visible damage, collect contact information from witnesses, and file a police report as soon as possible. These steps create a documented record that will strengthen your compensation claim.
How Is the Compensation Amount Determined?
When calculating compensation, the court considers all documented damages and applies three central — though not exclusive — criteria to determine the appropriate award:
The victim’s age at the time of the accident; the victim’s earning capacity before and after the accident; and the extent of disability resulting from the accident.
Under the law, every accident victim is entitled to compensation for pain and suffering, up to the maximum amount established by statute. However, the actual award may vary depending on the severity of the injuries, the duration of recovery, and the long-term impact on the victim’s quality of life and ability to work. Additional categories of compensation may include lost wages, medical expenses, rehabilitation costs, and assistance with daily living activities.
Have you been injured in a car accident? Contact Mor & Co. Law Firm today for an urgent consultation regarding your legal options and your right to compensation.
The Tort Department at Mor & Co. Law Firm provides professional and personalized legal representation across a wide range of tort matters, including road accident compensation claims, medical malpractice, personal injury, workplace injuries, and insurance disputes. Our attorneys are dedicated to securing the maximum compensation our clients deserve.
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;