Guide to Traffic Accident with Unidentified Vehicle Driver

Complete Guide: Traffic Accident with Unidentified Vehicle Driver

A traffic accident involving an unidentified vehicle or a hit-and-run driver is one of the most complex and challenging situations a person can encounter on the road. Unlike a regular accident where the other driver can be identified and a claim can be filed directly with their insurance, in an accident with an unidentified vehicle or hit-and-run driver, there is a completely different legal mechanism. This mechanism is called the hit-and-run fund, and it is the primary way to obtain compensation when the other driver cannot be identified.

Attorney Karen Mandelbaum and the law firm Mandelbaum, Gor, Witzman-Gor & Co. have over 18 years of experience representing claimants in traffic accidents. Through our work with hundreds of traffic accident victims, we know how to navigate the insurance system and courts to achieve fair compensation for bodily injury, loss of earning capacity, medical treatment, and property damage.

On this page, we will present you with a detailed guide on all aspects of a hit-and-run accident: your rights, the legal process, the hit-and-run fund, methods of compensation, steps for handling national insurance and vehicle insurance claims, and more. If you have been injured in a similar accident, reading this guide will help you understand your situation and make informed decisions.

What is an Accident with an Unidentified Vehicle Driver?

An accident with an unidentified vehicle driver occurs when a vehicle hits you (or your car) and then the driver or vehicle leaves the scene of the accident without leaving details. This is different from a regular accident where both drivers remain at the scene and exchange insurance information.

Such accidents can be:

• Hit-and-run accident: A driver who is known to have been at the scene of the accident but left without leaving details or waiting for police.
• Accident with a completely unidentified vehicle: A vehicle hit you but you had no information about the driver, license plate, or their insurance details.
• Accident with a vehicle that fled the scene: You saw the vehicle but failed to record the license plate number or follow it.

In all these cases, the legal and insurance process is similar, and it relies on the hit-and-run fund and Israeli insurance laws.

Hit-and-Run Fund – What is it and How Does it Work?

The hit-and-run fund is a legal and insurance mechanism created to protect traffic accident victims who were unable to identify the other driver. The fund finances compensation for bodily injury and property damage when a claim cannot be filed directly with the other driver's insurance.

The fund is financed by insurance companies in Israel, and every insurance company is required to be a member of the fund. When you file a claim with the fund, it examines your claims and decides whether you are entitled to compensation. If your claim is approved, the fund pays the compensation directly to you.

It is important to know that there are certain conditions for filing a claim with the fund:

• You must prove that the accident was indeed caused by a vehicle impact in which the driver is unidentified.
• You must file a police report within a specified time period (usually within 30 days of the accident).
• You must provide evidence of your damage (photographs, medical certificates, bills, etc.).
• Generally, you must have compulsory insurance in order to be eligible for a claim with the fund.

The process of filing with the fund can be complicated, and this is exactly where an experienced attorney can help you. Mandelbaum, Gor, Witzman-Gor & Co. handles hit-and-run fund claims systematically, ensuring that all required documents are submitted properly and on time.

Your Rights as a Victim of an Accident with an Unidentified Vehicle

When you are injured in an accident involving a hit-and-run driver or unidentified vehicle, you have legal rights protected by law. These are your primary rights:

1. Right to Compensation for Personal Injury

If you were injured in an accident, you are entitled to compensation for all your personal injuries. This includes pain and suffering, medical expenses (examinations, surgeries, treatments), lost work time, loss of earning capacity in the future, impairment of occupation, and more. The compensation is calculated according to the severity of injury, the victim's age, their economic situation, and other details.

2. Right to Compensation for Property Damage

If your vehicle was damaged in the accident, you are entitled to compensation for property damage. This may include vehicle repairs, the vehicle's value if declared a total loss, rental car fees as a substitute during repairs, and more. In an accident with an unidentified vehicle, you can file a claim with the Hit-and-Run Fund or your property insurance (according to your policy).

3. Right to National Insurance Benefits

In addition to a claim with the Hit-and-Run Fund or insurance, you are entitled to benefits from National Insurance. If you are an employee injured in a traffic accident while commuting to or from work, you are entitled to National Insurance benefits including temporary allowance, permanent allowance (if declared disabled), medical expenses, and rehabilitation treatment. If you are self-employed or unemployed, you are still entitled to some benefits.

4. Right to File a Legal Claim

You are entitled to file a legal claim with the court against the Hit-and-Run Fund or against the driver if identified later. In a legal claim, you can demand full compensation for all your damages, including damages not covered by the Hit-and-Run Fund.

5. Right to Legal Representation

You are entitled to be represented by an attorney in all proceedings – in filing with the Hit-and-Run Fund, handling National Insurance matters, filing a legal claim, and negotiating with insurance companies. An experienced attorney can help you understand your rights, collect evidence, submit requests in a timely manner, and obtain maximum compensation.

Compensation for Accidents with Unidentified Vehicles: Typical Amounts and Ranges

The amount of compensation for an accident with an unidentified vehicle depends on many factors, such as the severity of injury, the victim's age, income, loss of earning capacity, and more. Generally, compensation is divided into two categories: compensation for bodily injury and compensation for property damage.

Compensation for Bodily Injury

Compensation for bodily injury includes:

• Pain and Suffering: Compensation for the physical and mental pain you suffered as a result of the accident. This amount depends on the severity of the injury and the duration of suffering.
• Medical Expenses: All expenses related to medical treatment, examinations, surgeries, medications, rehabilitation treatments, etc.
• Loss of Earning Capacity: If the injury resulted in permanent or temporary loss of earning capacity, you are entitled to compensation for lost income.
• Occupational Impairment: If the injury affects your ability to engage in your regular occupation, you are entitled to additional compensation.
• Permanent Disability: If the injury resulted in permanent disability (loss of limb, functional impairment, etc.), the compensation is significantly higher.

Generally, compensation ranges for bodily injury in traffic accidents range from tens of thousands of shekels (for minor injuries) to millions (for severe and permanent injuries). Each case is examined individually according to its specific circumstances.

Compensation for Property Damage

Compensation for property damage includes:

• Vehicle Repairs: Full amount for repairing damage to your vehicle.
• Vehicle Value if Declared a Total Loss: If the damage is so severe that it is not worthwhile to repair the vehicle, you are entitled to the value of the vehicle before the accident.
• Rental Vehicle Costs: If your vehicle is being repaired, you are entitled to the cost of a rental vehicle during this period.
• Incidental Expenses: Fuel expenses incurred for repairs, towing costs, etc.

Compensation ranges for property damage depend on the cost of repairs or the vehicle's value. Generally, this ranges from several thousand to tens of thousands of shekels, depending on the vehicle and the severity of damage.

National Insurance in Hit-and-Run Traffic Accidents

National Insurance provides important protection for victims of traffic accidents, in addition to claims against the hit-and-run driver fund. If you are an employee who was injured in an accident on the way to or from work, you are entitled to benefits from National Insurance.

National Insurance Benefits:

• Temporary Allowance: If you are unable to work due to the injury, you are entitled to a temporary allowance (usually up to 50% of your salary) until you return to work or until you are declared disabled.
• Permanent Allowance: If you are declared permanently disabled, you are entitled to a monthly permanent allowance according to your disability percentage.
• Medical Expenses: National Insurance covers medical expenses related to the injury, including examinations, surgeries, treatments, and rehabilitation services.
• Child Allowance: If you are the family provider and were injured in an accident, your children are entitled to an allowance until age 18 (or 21 if studying).
• Widow/Widower Allowance: If you die in an accident, your family members are entitled to an allowance.

To receive National Insurance benefits, you must submit an application to National Insurance as soon as possible. You will need to provide medical certificates, a police report, and evidence of your salary. If National Insurance rejects your application or offers a low amount, you can file an appeal or contact the appeals committee.

Common Mistakes Victims Make in Accidents with Unidentified Vehicles

In our work with hundreds of road accident victims, we have seen recurring mistakes that reduce the chances of receiving fair compensation. Here are the most common mistakes:

1. Failure to Report to Police or Late Reporting

A police report is the foundation for a hit-and-run fund claim. If you do not report the accident to the police or report it too late (more than 30 days), the fund may reject your claim. Always report the accident to the police as soon as possible, even if the damage appears minor.

2. Failure to Collect Evidence at the Time of the Accident

Photographs, witness testimony, and medical treatment receipts are essential for a claim. If you do not collect evidence at the time of the accident, it will be difficult to prove your damages later. Always photograph the accident scene, the damage, and collect witness contact details.

3. Failure to Seek Immediate Medical Examination or Improper Documentation

If you delay seeking medical examination or fail to properly document your treatment, the fund may claim that your injuries are not related to the accident. See a physician as soon as possible, even if you think you are fine. Document all treatments and follow up with medical care as recommended.

4. Filing a Claim with the Fund Without a Lawyer

Filing a claim with the fund without a lawyer can be risky. A poorly prepared claim may be rejected or receive low compensation. An experienced attorney knows how to prepare a strong claim, meet deadlines, and negotiate with the fund.

5. Accepting the Fund's Initial Offer Without Negotiation

The fund's initial offer is often lower than the fair amount. Do not accept the first offer without consulting an attorney. There is often room for negotiation or appeal.