Road Accident Compensation in Israel
The Road Accident Victims Compensation Law creates a distinct track in which fault does not have to be proved. This guide explains who is covered, who pays when there is no insurer, what compensation is made up of, and where the dispute between the parties actually lies.
The rule that sets road accidents apart: liability without fault
In most areas of tort law the injured person must show that someone was negligent. In road accidents that is not the case.
Section 2 of the Road Accident Victims Compensation Law, 5735-1975, places on the user of a motor vehicle a duty to compensate a person injured in a road accident in which the vehicle was involved, and that liability arises regardless of the driver's fault. A person injured in an accident is not required to show who was to blame.
The practical consequence is significant. A case of this kind does not turn on who was at fault, but on two other questions: whether the event falls within the definition of a "road accident" under the Law, and what the extent of the loss is. That is where the real dispute takes place.
At the same time the Law is a distinct and closed track. A person whose claim rests on it does not run a parallel negligence action over the same accident.
Who falls within the definition
The Law does not distinguish between roles around the vehicle. A driver, a passenger, a pedestrian, a cyclist or a person injured while carrying out roadside maintenance may all fall within the definition of an injured person, provided the elements of a "road accident" under the Law are met.
On the other side of the equation stands the insurer of the vehicle involved. In most cases the approach is directed to the insurer rather than to the driver personally, which is one reason a claim of this kind is not conducted as a dispute between two individuals.
Where most disputes arise
The common disputes are not about whether the event happened but about the boundaries of the definition: whether the use of the vehicle was for transport purposes, whether the injury arose from that use, and whether the object involved is a motor vehicle for the purposes of the Law. These are legal questions decided on the precise circumstances.
When there is no insurer to pay: Karnit
There are situations in which an injured person exists but no insurer does. The Law anticipated this and created a payer of last resort.
Sections 10 and 12 of the Law deal with Karnit, the Road Accident Victims Compensation Fund, as a source of compensation for an eligible injured person who cannot recover from an insurer. The three principal situations are:
- The driver is unknown - a hit and run.
- There was no valid insurance for the vehicle involved.
- The insurer is in liquidation and cannot pay.
An approach to Karnit is not the same as an approach to an insurer: it is subject to its own eligibility conditions and evidentiary requirements, and in a hit and run immediate documentation and a police report carry particular weight. More detail on the compensation from Karnit page.
When the road accident is also a work accident
An accident that occurred on the way to or from work, or in the course of duties, may simultaneously be a road accident under the Law and a work injury before the National Insurance Institute. These are two separate tracks, with different payers and different recognition rules.
The practical consequence is twofold. First, both tracks should be pursued rather than one abandoned through lack of awareness. Second, they are connected: payments received from the National Insurance Institute in respect of the same injury are taken into account in calculating compensation under the Law, so the order of steps and the coordination between the tracks affect the overall outcome.
More detail on the compensation for a work accident page.
What compensation covers
Compensation under the Law is built from separate heads of loss, each examined and proved on its own.
- Non-pecuniary loss - the injury itself, pain and suffering. Under this Law that head is calculated according to rules laid down in regulations rather than by open assessment.
- Loss of earnings, past and future, according to the impairment of earning capacity.
- Medical and related expenses, including treatment, mobility and equipment.
- Third party assistance - help at home and with care, past and future.
One point is worth understanding at the outset: the degree of medical disability is not the same as the degree of impairment to earning capacity. A person with a low medical disability may lose a large part of their working capacity if the injury bears precisely on what they do, and the reverse is equally true. The two are assessed separately, and that gap is usually where the parties are furthest apart.
How a claim of this kind proceeds
- Medical documentation from day one. Attendance at an emergency room or a doctor, and an accurate description of the circumstances in the medical file. An initial record that does not connect the injury to the accident creates difficulty later.
- Identifying the insurer, or approaching Karnit, according to the vehicle involved.
- Building the medical basis - records, expert opinions, and examination of the link between the injury and the accident.
- Appointment of a court expert in the relevant fields, whose findings materially affect the outcome.
- Quantifying the loss under the heads above, at times with an actuarial calculation of future losses.
The process is not short, and where the injured person's medical condition is still changing there is sense in waiting until it stabilises, so that the loss is assessed on settled facts.
Four mistakes that recur
- Skipping a medical examination because the injury seems minor. Some injuries emerge days or weeks later, and without an initial record they are hard to connect to the accident.
- Giving an inaccurate account in the medical file. A wrong description of how the injury occurred follows the case to its end.
- Relying on an early settlement offer before the medical condition has stabilised and before the extent of the impairment to earning capacity is known.
- Not reporting a hit and run to the police. In an approach to Karnit this is a central part of the foundation.
Time limits
Claims under the Law are subject to time limits, and they are not identical for every injured person. For a minor, for example, the period is counted differently than for an adult.
Beyond that, even where the formal deadline is distant, time works against the case: records are lost, witnesses move on, and the link between the injury and the accident weakens the thinner the initial medical record is. Checking the limits that apply to the specific case is among the first things to do, not something to leave for years.
In summary
The Road Accident Victims Compensation Law creates a distinct track: section 2 imposes a duty to compensate for bodily injury in a road accident regardless of fault, so the discussion moves from blame to definition and to the extent of loss. Where no insurer can pay, sections 10 and 12 point to Karnit, subject to eligibility conditions. Compensation itself is built from separate heads of loss, and the gap between the parties usually lies in the distinction between medical disability and impairment of earning capacity.
The complexity here is not in whether an accident occurred, but in building the foundation: correct medical documentation from day one, identifying the paying party, appropriate expert opinions, and an assessment of future losses. That combination calls for familiarity with the Law and the regulations made under it, and for professional legal representation by a lawyer practising in the field.
If you were injured in a road accident, or you are supporting a family member who was, contact us and we will review the facts and the options open to you together.
Frequently asked
Do I have to prove who caused the accident?
The other vehicle fled, or had no insurance. Is there anyone to claim from?
Does ten per cent medical disability mean ten per cent of salary?
The accident happened on the way to work. Who do I approach?
How long does it take to receive compensation?
What should be done on the first day?
All pages in this practice
Defamation · Road accidents · Medical negligence
Defamation Claims: The GuideDefamationRoad Accident Compensation LawMaking a Road Accident ClaimFatal Road AccidentsCompensation from KarnitLiability and Burden of ProofMedical Malpractice ClaimsThe Medical OpinionInformed ConsentPrinciples of liability · Work accidents
Joint TortfeasorsAbsolute LiabilityCompensation for a Work AccidentWork disability claimOccupational diseaseMicrotrauma injuryCommuting the disability pensionInjured in a road accident?
Tell us what happened, when, and how you are now. That is usually enough to identify who pays, what the first step is, and which documents matter most right now.