Road Traffic Accident Guide and Compensation — What the Injured Party is Entitled to

Road Traffic Accident Guide — Everything You Need to Know About Compensation and Victim's Rights

A road traffic accident is a difficult and traumatic experience. Beyond the physical and psychological damages, there is significant legal complexity in claiming the compensation you are entitled to. As a victim of an accident, you are entitled to comprehensive legal protection — through national insurance, through a personal injury claim against the responsible party, and through the liable party's insurance company. This guide explains in depth and clarity all the steps, rights, and legal options available to you.

Since 2008, in our practice of personal injury law, we have represented hundreds of road traffic accident victims in Ramat Gan and Petah Tikva, and have witnessed the complexities of each and every case. This guide is based on extensive experience and current legal knowledge, so that you can understand the path ahead of you.

Why It is Important to Know Your Rights as an Accident Victim

Many accident victims are unaware of the full scope of their rights. They may settle for partial compensation from national insurance or agree to a lower amount from the responsible party's insurance without realizing they could claim much more. With clear legal information, you will be able to negotiate with insurance companies with strength and confidence, and if necessary — file a proper legal claim.

Types of Damages and Compensation in Road Traffic Accidents

When you are injured in a road traffic accident, you may be entitled to compensation for several types of damages. Each type of damage is calculated differently, and each has certain legal criteria. Understanding these types is the first step in the claims process.

Bodily Injury and Loss of Earning Capacity

Bodily injury is the primary damage in a road traffic accident. This includes physical injuries — fractures, lacerations, burns, head injuries, spinal cord injuries, and any other bodily harm. Compensation for bodily injury is based on disability percentages determined by a medical committee. The committee examines the extent of the injury, its medical consequences, and the quality of life after recovery.

In addition to disability percentages, you are entitled to compensation for loss of earning capacity — that is, a reduction in your ability to earn money due to the injury. For example, if the injury caused you to stop working or move to lower-paying work, this is considered economic damage that can be claimed.

Pain and Suffering

Compensation for pain and suffering covers the physical pain you experienced, the fear, psychological trauma, and its current impact on your quality of life. This type of compensation is calculated in accordance with legal regulations and tables established by the courts. It is not based solely on medical documentation but also on personal testimony about how the injury affected your daily life.

Medical and Treatment Expenses

You are entitled to compensation for all medical expenses incurred as a result of the accident — examinations, treatments, medications, physiotherapy, psychotherapy, and any other treatment. It is important to keep all receipts and invoices to prove expenses at a later stage.

Other Damages — Property Damage and Vehicle Replacement

If your vehicle was damaged in the accident, you are entitled to compensation for property damage. This includes vehicle repair or replacement if it is no longer worth the investment. Additionally, you may be entitled to compensation for vehicle replacement — that is, the cost of a rental car needed while your vehicle is being repaired or replaced.

Tort Claim — The Legal Process for Obtaining Compensation

A tort claim is the legal process in which you sue the party responsible for the accident (or their insurance company) for the damages they caused you. This is a complex process that requires legal understanding and meticulous documentation. Below, we explain the main stages of this process.

Step 1: Evidence Collection and Documentation

Before filing a claim, you must gather strong evidence. This includes: a police report from the accident, photographs of the accident scene (if possible), photographs of your injuries, medical reports from hospitals and clinics, expert medical opinions (in certain cases), witness testimonies, and documentation of all medical and treatment expenses. Strong documentation is the foundation for a convincing claim.

Step 2: Notification to National Insurance and Insurance Companies

Following the accident, you must notify the National Insurance about the injury. This is typically done through the health fund or hospitals where you received treatment. Additionally, you must notify the defendant's insurance company (the party responsible for the accident) of your damages. This notification is important because it initiates the claim handling process.

Step 3: Negotiation with Insurance Companies

After the notification, the defendant's insurance company may offer you compensation. At this stage, it is important that you are aware of the true value of your claim, so as not to accept compensation that is too low. If you are unsure of the value of your claim, this is the time to consult with a lawyer specializing in tort law. Negotiation with insurance companies requires strategy and legal expertise to protect your rights.

Step 4: Filing a Claim with the Court (If No Agreement is Reached)

If negotiations with the insurance company do not lead to an agreement, you may file a formal claim with the court. The claim must be drafted in proper legal form, presenting all relevant evidence and arguments. At this stage, professional legal representation is usually necessary to ensure that your claim is properly protected and presented in the most convincing manner.

Step 5: Trial and Decision

At trial, the court hears the arguments of both parties, examines the evidence, and decides on the amount of compensation. The decision is based on legal evidence, case law, and Israeli tort law. Typically, courts attempt to reach an agreement in the early stages of the proceeding to save time and money for both parties.

National Insurance and Your Rights as an Accident Victim

National Insurance provides basic protection for all accident victims in Israel. This includes coverage of medical expenses, unemployment benefit payments (if you cannot work), and disability allowances according to disability percentages determined by a medical committee. However, National Insurance compensation typically does not cover all your damages — which is why a tort claim is so important.

Difference Between National Insurance and Tort Claim

National Insurance is a mandatory system that protects every citizen in Israel. It provides basic protection, but compensation is limited. A tort claim, on the other hand, is a way to obtain full compensation for all your damages, including pain and suffering, emotional distress, and loss of earning capacity. In a tort claim, you sue the party responsible for the accident (or their insurance company), not the National Insurance.

Medical Committee — Determining Disability Percentages

To receive compensation from National Insurance and determine the compensation amount in a tort claim, you must submit a request for examination by a medical committee. The committee examines your medical condition, the extent of impairment to your work capacity, and determines your disability percentages. This can take months, so it is important to begin this process as soon as possible.

Right to Appeal a Medical Committee Decision

If you disagree with the medical committee's decision, you have the right to appeal. This appeal must be filed within a limited period, and you have the right to present additional evidence, including opinions from other doctors. An appeal of a medical committee decision can lead to an increase in the disability percentage and thus also to an increase in the compensation you are entitled to receive.

Compensation Comparison Table — Types of Damages and Typical Value Ranges

The table below presents a summary of various types of compensation and typical value ranges in personal injury claims in Israel. It is important to emphasize that each case is unique, and compensation amounts vary according to specific circumstances, severity of injury, age of the injured party, profession, and maintenance needs.

Important Note: The compensation amounts shown in the table are typical only and are based on various past cases. Each case is unique, and the compensation amount in your claim may be higher or lower depending on the specific circumstances. To obtain an accurate assessment of the compensation you are entitled to, it is recommended to consult with a personal injury attorney specialist.

Why It's Important to Consult with a Tort Law Specialist

A tort claim is a complex process that requires deep legal knowledge and experience in legal proceedings. Many accident victims make mistakes that can harm their claims — for example, they agree to a sum that is too low, or they miss important deadlines. A tort law specialist will be able to help you at every stage of the process, from collecting evidence to filing a claim with the court.

Since 2008, in our practice of tort law, we in Ramat Gan and Petach Tikva have represented hundreds of road accident victims and workplace accident victims. We understand the complexities of each case, and we know how to negotiate with insurance companies and how to present a convincing claim before the court. Representing claimants only is our specialty, which means we are always on your side, not on the side of insurance companies.

Protecting Your Rights at Every Stage

When you choose a lawyer, you choose a partner who will stand by your side at every stage of the process. A good lawyer will ensure that you understand your rights, that you preserve all important evidence, and that you do not agree to compensation that is too low. In addition, a lawyer will be able to represent you before medical committees, before insurance companies, and in court if necessary.

A tort claim is an important right of yours as an accident victim. Do not waive this right, and do not settle for compensation that is too low. Consult with a tort law specialist, and make sure you receive the full compensation that is due to you.