Driver Compensation Guide in Traffic Accidents

Driver Compensation Guide in Traffic Accidents — Everything You Need to Know

A traffic accident can change in a single moment into an experience that shapes your life. As a driver injured in an accident, you are entitled to compensation for bodily injuries, loss of earning capacity, pain and suffering, and medical expenses. However, not every driver knows the extent of their rights, how to sue, or how to deal with insurance and national insurance.

This guide navigates you through every step — from the moment you are injured until you receive full compensation. We will explain your rights, the legal process, the factors affecting the compensation amount, and how our firm, Mendelboums, Gor, Witzman-Gor and Co., can stand by your side throughout this journey.

Who is Entitled to Compensation as a Driver in a Traffic Accident?

As a driver injured in an accident, you are entitled to compensation through two main channels: through the vehicle insurance of yours or the other party, and through national insurance. Your entitlement depends on the extent of the damage, the type of injury, and also on fault in the accident.

If you are partially at fault in the accident (known as comparative fault), you are still entitled to compensation, but the amount may be reduced according to your percentage of fault. For example, if you are 30% at fault for the accident and the total damage is ₪100,000, you could receive ₪70,000. This is called the comparative negligence rule in Israeli tort law.

Types of Damages You Can Claim

As a driver in a traffic accident, you are entitled to compensation for a wide range of damages:

• Bodily Injuries: Any physical injury — fractures, bruises, soft tissue injuries, spinal injuries, and any other injury. Compensation is calculated based on disability percentages determined by a medical committee.
• Loss of Earning Capacity: If the accident prevented you from working, you are entitled to compensation for lost income. This also includes future damage if the injury affects your ability to earn in the future.
• Pain and Suffering: The physical pain and emotional suffering from the injury are entitled to separate compensation.
• Medical Expenses: Any treatment, surgery, physiotherapy, or medications required because of the accident.
• Enjoyment of Life: If the injury affects your ability to enjoy everyday life — sports, hobbies, family life.
• Future Medical Expenses: If additional treatment is expected in the future because of the accident.

All of these are calculated according to legal tables accepted in Israeli case law, which are updated annually.

The Complete Process — From Accident to Compensation

Step 1: Immediately After the Accident

At this stage, above all, take practical steps:

• Seek Medical Treatment: Even if you think the injury is minor, request a full medical examination. Some injuries are only discovered hours or days later.
• Report to Police: Call the police and report the accident. Obtain a police report — this is important for evidence.
• Collect Evidence: Take photographs of the vehicle damage, the accident scene, your injuries. Obtain details of witnesses.
• Keep All Documents: Police report, initial medical examination, the other driver's report, his insurance details.

Step 2: Report to Insurance

Within a short time (usually up to 30 days), report the accident to your insurance company and the other party's insurance company. Provide them with all initial documents. This is the point where the formal claims process begins.

Step 3: Comprehensive Medical Examination — Medical Committee

To determine compensation for bodily injuries, you will need to be examined by a medical committee. This is a committee appointed by national insurance or the insurance company, which evaluates your disability percentage. This means: what percentage of your previous physical or mental capacity has been lost due to the injury? This committee will establish the basis for calculating compensation for bodily injuries.

Step 4: The Formal Claim

If the insurance company does not offer an amount you are satisfied with, or if there are disagreements over fault or the extent of damage, you can file a legal lawsuit. This is where the law office family comes in. We at Mendelboums, Gor, Witzman-Gor and Co. represent claimants only in tort claims, and we have over 18 years of experience representing victims of traffic accidents.

Step 5: Negotiation or Legal Proceedings

At this stage, we mediate between you and the insurance company. Often, good negotiation will lead to a settlement. If not, the case will go to court, where a judge will decide on the compensation amount.

Step 6: Receiving Compensation

After a settlement or court judgment, the insurance company pays you the amount. Usually, this occurs within a few weeks of the settlement or judgment.

Comparative Negligence in Traffic Accidents — How Does It Affect Your Compensation?

One of the central questions injured parties ask is: "If I am partially at fault in an accident, am I still entitled to compensation?" The answer is yes — but under certain conditions.

Under Israeli tort law, there is a principle called "comparative negligence" or "shared fault." This means that if two drivers contributed to an accident, your compensation will be reduced according to your percentage of fault. For example:

• If you are 20% at fault in an accident, you will receive 80% of the full compensation you would have been entitled to.
• If you are 50% at fault, you will receive 50% of the compensation.
• If you are 100% at fault, you will receive nothing.

However, there is an important nuance here: the assessment of fault is a matter of facts and evidence. The police, insurance company, or court will examine all evidence — photographs, testimony, police report, witnesses — to determine who is at fault and to what percentage. Sometimes, what appears to be "shared fault" is actually one-sided fault of the other party, if you analyze the situation carefully.

This is why it is critical to present your case in the best possible light. If you have witnesses, photographs, or other evidence showing that you are less at fault than the insurance company claims — this can significantly increase your compensation. We at Mendelboyum, Gor, Witzman-Gor & Partners are specialists in analyzing comparative negligence cases and formulating persuasive arguments in your favor.

Typical Compensation Ranges — What Can You Expect to Receive?

The amount of compensation depends on many factors: the type of injury, percentage of disability, age, profession, income, and family status. No two cases are identical, but we can provide you with a general range so you understand what is realistic.

The following table presents typical compensation ranges for traffic accidents, assuming there was no significant comparative negligence:

These ranges are general estimates only. Each case is examined on its own merits and depends on specific data: age of the injured party, income, duration of rehabilitation, impact on future earning capacity, and additional medical expenses.

It is important to note: if you have medical expenses during or after the accident (tests, surgeries, physical therapy), they are added on top of the basic compensation. If you are unable to work due to the injury, lost income is calculated separately.

National Insurance and Vehicle Insurance — What's the Difference?

As a driver involved in an accident, you may be entitled to compensation from two sources: National Insurance and vehicle insurance (third-party or your own insurance).

National Insurance

National Insurance provides basic coverage for any traffic accident, regardless of fault. If you are injured in a traffic accident, you are entitled to benefits from National Insurance:

• Temporary Benefits: If you cannot work due to your injury, National Insurance pays you a benefit as part of your income (up to 75% of your salary).
• Permanent Disability Compensation: If a permanent disability percentage is determined, you will receive a lump sum from National Insurance.
• Medical Expenses: All medical treatment is covered by National Insurance.

Vehicle Insurance (Third-Party)

This is the other driver's insurance, or your vehicle's comprehensive insurance. This insurance company is responsible for compensating for damages caused by the other driver's negligence. Vehicle insurance compensation includes:

• Full Personal Injury Compensation: All damages as described above — bodily harm, loss of earning capacity, pain and suffering, loss of enjoyment of life, etc.
• Medical Expenses: All treatment, surgery, and physiotherapy.
• Property Damage: Damage to your vehicle (if applicable).

Vehicle insurance compensation is typically higher than National Insurance, as it is calculated according to actual damages and not fixed tables.

The Relationship Between the Two

Typically, you receive compensation from National Insurance first, and then from vehicle insurance. If you have received an amount from National Insurance, it may be credited against vehicle insurance compensation (meaning you will not receive the same amount twice). This depends on the insurance terms and the settlement agreement reached.

Why Choose Mendelbaum, Gor, Vitsman-Gor and Co. Attorneys?

At Mendelbaum, Gor, Vitsman-Gor and Co. Attorneys, we have represented claimants exclusively in tort claims since 2008. This means we stand on your side, not on the side of the insurance company. Our experience of more than 18 years in representing victims of traffic accidents, workplace accidents, and public negligence has made us experts in this field.

We understand that an accident is a difficult experience, and the victim often does not know their rights or how to deal with the insurance company. This is why we provide a first consultation meeting at no cost, so you can understand your situation and your options without worrying about legal expenses. We work on a contingency fee basis, so you only pay if we win.

Our office in Ramat Gan is conveniently located and easily accessible. We offer personalized and dedicated service, and ensure that each case is handled thoroughly and with care.