Filing a Lawsuit Against an Insurance Company in Ramat Gan

What is an Insurance Claim and How Does It Work?

An insurance claim is a formal request to an insurance company for compensation for damage or injury that occurred under the conditions covered by the policy. When you are injured in a traffic accident, a workplace accident, or any other case of negligence that caused you bodily injury or property damage, you have a legal right to file a claim against the insurance company of the responsible party — or against the National Insurance if it is a workplace accident or public accident.

In Israel, insurance claims are typically handled through direct contact with the insurance company, negotiation over compensation amounts, or formal legal proceedings in court if an agreement is not reached. This process requires deep legal knowledge of tort law, insurance law, and national insurance, and the rights of the injured party — all to ensure you receive the full compensation you are entitled to.

Why Is It Important to Consult with an Attorney About an Insurance Claim?

Insurance companies are professional and powerful entities, with legal and accounting teams working to protect themselves and minimize expenses. When you file a claim on your own, you may encounter low offers, requests for justifications you cannot provide, or claim rejections due to legal errors that could have been raised. An attorney experienced in insurance and tort claims can:

• Accurately evaluate your claim — calculate the appropriate compensation amount in accordance with your damages, income, loss of earning capacity, and pain and suffering.
• Present evidence in a persuasive manner — preparation of medical reports, medical evidence, financial documentation, and testimony with legal weight.
• Protect you from rejections or partial offers — knowledge of the law allows an attorney to challenge the insurance company's claims and demand proper justification.
• Represent you in legal proceedings if necessary — filing a lawsuit in court, defending before the court, negotiating a settlement.

Mendelboim, Gor, Witzman-Gor and Co. specializes in representing claimants only in tort and insurance claims, which means we work exclusively on your behalf — not on behalf of the insurance company. This ensures we are working with your best interests exclusively in mind.

Steps for Filing a Claim Against an Insurance Company in Ramat Gan

Step 1: Document and Evidence Collection

Before filing a formal claim, you must gather all relevant documents. These include: police report (if it is a traffic accident), medical reports from the date of the accident and follow-up medical reports, photographs of property damage (if relevant), disability certificates or treatment approvals from the National Insurance, private physician invoices and medications, employment certificates and salary slips to prove income and loss of earning capacity, documentation of additional expenses (transportation, nursing care, rehabilitation), and record of all communications with the insurance company (letters, emails, phone calls).

This is the most critical stage, as every document you collect can be vital in proving your claim. An attorney can help you identify which documents are missing and guide you on how to obtain them.

Step 2: Filing a Compensation Demand with the Insurance Company

After gathering evidence, you must file a formal compensation demand with the insurance company. This is typically done in writing (a legal letter or formal email) that details the circumstances of the accident, your damages, the exact amount you are claiming, and the legal justification for the demand. This demand should be detailed and persuasive, as it often sets the tone for all subsequent negotiations.

The insurance company must respond to your demand within a reasonable timeframe (typically 30–60 days, depending on the policy terms). If they agree to your demand, you will receive a compensation offer. If they deny or offer a significantly lower amount, you will need to proceed to the next stage.

Step 3: Negotiation Over Compensation Amount

Typically, the insurance company's initial offer is not the final amount. Negotiation is a natural part of the process. An attorney can submit a reasoned counter-offer, presenting additional medical data, financial evidence, or legal considerations that justify a higher amount. This negotiation may last several weeks or months, depending on the complexity of the case and the insurance company's approach.

During this negotiation, an attorney can also request improvements to other conditions, such as coverage of future medical expenses or payment of legal fees.

Step 4: Reaching a Settlement or Filing a Lawsuit in Court

If negotiation leads to a settlement, you will sign a settlement agreement and the insurance company will pay you the agreed amount. However, if negotiation does not result in a satisfactory outcome, you have the option to file a formal lawsuit in court. At this stage, the case becomes a full legal proceeding, with submission of statements of claim, legal evidence, oral testimony if required, and a ruling by the judge.

A lawsuit in court requires deep legal expertise and knowledge of court procedures. This is why an experienced attorney is critical at this stage.

Factors Affecting Compensation Amount in Insurance Claims

The compensation amount you will receive is not arbitrary — it is determined based on clear legal and economic criteria. Here are the main factors:

Severity of Injury

The more severe the injury, the higher the compensation. An accident that caused a simple fracture will receive lower compensation than an accident that resulted in implantation or loss of a limb. The severity of injury is determined based on medical reports, examinations, and expert medical opinions.

Permanent Disability Percentage

The National Insurance Institute medical committee determines the percentage of permanent disability according to the injury sustained. This percentage serves as the basis for calculating substantial compensation. For example, a 20% disability will result in significantly higher compensation than a 5% disability.

Loss of Income

If you cannot work due to the injury, the amount of income you have lost directly affects the compensation. Higher income means higher compensation for loss of earning capacity. This is measured by comparison to the income you had before the accident.

Age and Future Earning Capacity

Younger age may lead to higher compensation, as there are more years of potential earning capacity that have been lost. Conversely, for a person approaching retirement age, this compensation may be lower.

Liability and Comparative Negligence

If you are found to be partially liable for the accident, the compensation may be reduced according to your percentage of liability. For example, if you are determined to be 20% responsible for the accident, the compensation will be reduced by 20%.

Type of Insurance and Coverage Limits

The type of policy held by the responsible party affects the compensation. A policy with a low coverage limit will result in more limited compensation, even if your damages are greater.

Common Mistakes in Filing Insurance Claims — and How to Avoid Them

Mistake 1: Filing a Claim Too Quickly Without Full Medical Evaluation

One of the most common mistakes is submitting a compensation claim before you have fully assessed all your damages. When you file a claim too early, you may be in a weak position to claim a higher amount later if your condition worsens. Wait until you receive a complete medical evaluation, including expected future treatment, before submitting a formal claim.

Mistake 2: Waiving Rights by Signing Documents Without Legal Advice

Insurance companies often offer "settlements" or notices of "release from liability" that require you to waive your rights to further claims. Signing such documents without legal advice can be detrimental to your claim. An attorney can review any document to ensure you are not waiving important rights.

Mistake 3: Failing to Document Every Expense and Treatment

If you do not document every medical expense, every doctor's visit, every medication, and every expense related to your injuries, you will be in a weak position to claim full compensation. Insurance companies will argue that expenses not properly documented did not exist. Keep receipts, invoices, and accurate medical records.

Mistake 4: Sharing Too Much Information with the Insurance Company

When you speak with the insurance company, every word you say can be used against you. An attorney can guide you on what to say and what not to say, and how to properly document all communication. Generally, it is preferable for all communication to go through your attorney.

Mistake 5: Accepting a Low Offer Without Negotiation

The insurance company's opening offer is typically lower than the fair amount. If you accept the first offer without negotiating, you may miss out on thousands of shekels. An attorney can assess the fair amount and conduct persuasive negotiations on your behalf.

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

It is important to understand that there is a difference between filing a claim against a private insurance company (such as property insurance or liability insurance) and filing a claim with national insurance. In a work accident, you file a claim with national insurance initially, since national insurance covers work accidents. In a motor vehicle accident, you can file a claim against the property insurance of the responsible party, and also file an additional claim with national insurance if your damages exceed what is covered by property insurance.

In a public accident (for example, a slip and fall in a store due to a slippery floor), you can file a claim against the store owner's property insurance, as well as with national insurance as an additional claim. In any case, an attorney can help you identify which claims are available to you and file them properly.

Why Choose Mandelboim, Gor, Witzman-Gor & Co. for Insurance Claim Representation in Ramat Gan?

Over 18 Years of Experience: The firm was founded in 2008 by Attorney Karen Mandelboim and specializes in tort law, insurance, and social security insurance. Years of experience mean deep knowledge of insurance company practices, evolving legislation, and the ability to conduct persuasive negotiations.

Claimant Representation Only: Our firm represents only claimants in tort cases — not insurance companies. This means we work exclusively in your interest, with no conflicts of interest. All of our expertise is dedicated to securing the highest possible compensation for injured parties.

Personal and Dedicated Service: As a boutique family firm, we treat every client as part of the family. You are not just a case number — you are a person who has been injured and needs help. We dedicate personal time to each case to ensure the best possible outcome.

Free Initial Consultation: We believe that every injured person deserves access to legal advice. Therefore, your first consultation with us is completely free of charge. This allows you to understand your rights and options without any obligation.

Located in Ramat Gan: Our office is located in Ramat Gan at Donash 1. We are committed to serving residents of Ramat Gan, Petach Tikva, and the central region, with a deep understanding of the local community and the courts on the coast.