Motorcycle Accident Guide — Personal Injury and Compensation

Motorcycle Accident Guide — Everything You Need to Know About Personal Injury and Compensation

A motorcycle accident can leave a deep mark on your body and your life. Unlike regular traffic accidents, motorcycle victims face a significantly higher risk of serious injuries, fractures, burns and nerve damage. When you or a loved one is injured in a motorcycle accident, it is important to understand your legal rights to compensation and the various ways to obtain financial compensation for the damages you have suffered.

On this page, we will review the key concepts in personal injury compensation for motorcycle accident victims, from the definition of personal injury to the process of filing claims with the National Insurance and private insurance. Mandelboim, Gor, Witzman-Gor & Co. has represented claimants on this matter since 2008, providing professional guidance at every stage of the process — from the initial free consultation all the way through to securing the compensation you are entitled to.

What is Personal Injury?

Personal injury is physical damage to your body caused as a result of an accident. In the case of a motorcycle accident, personal injury may include fractures, soft tissue injuries, burns, spinal cord injuries, head injuries and nerve damage. These injuries can lead to chronic pain, temporary or permanent work disability, and the need for ongoing medical treatment.

In a legal context, personal injury is divided into two main categories:

• Material Damages: Medical expenses (examinations, treatments, medications), rehabilitation costs, dental treatment costs, purchase of aids (crutches, wheelchairs, etc.), transportation costs for treatment and laundry expenses.
• Non-Material Damages: Pain and suffering, loss of earning capacity, impairment of self-care, reduced quality of life, psychological injury (depression, anxiety, PTSD).

Who is Liable in a Motorcycle Accident?

Determining liability in a motorcycle accident depends on the specific circumstances of the accident. Generally, the party that caused the accident due to violation of traffic law, negligence or reckless behavior will be considered liable. In motorcycle accidents, liability may be shared between two or more parties, depending on each party's contribution to the occurrence of the accident.

To prove liability, evidence is required such as witness testimonies, police reports, photographs from the accident scene and technical expert opinions. Mandelboim, Gor, Witzman-Gor & Co. handles obtaining all necessary evidence and presenting it persuasively before the legal forum or insurance company.

Motorcycle Accident Compensation — Sources and Methods

As a victim of a motorcycle accident, you are potentially entitled to compensation from several sources:

1. National Insurance

National Insurance provides basic protection for any person injured in an accident in Israel, regardless of fault. If you are injured in a motorcycle accident, you are entitled to National Insurance benefits such as temporary loss of earning capacity compensation, permanent disability allowances (if the disability exceeds a certain threshold), covered medical expenses and survivor benefits to family members in case of death.

Benefits vary depending on the degree of disability determined by a medical committee of the National Insurance. Each case is examined individually, and the degree of disability is calculated based on the medical injury and its effect on your ability to earn.

2. Third-Party Insurance (Motor Vehicle Liability)

If the driver of the other vehicle was responsible for the accident, their insurance company is required to compensate you. This is the insurance known as motor vehicle liability insurance, and it covers damages to a third party (i.e., to a party other than the insured). This compensation may cover medical expenses, rehabilitation costs, pain and suffering, loss of earning capacity, and future loss of income.

3. Your Own Motorcycle Insurance (if applicable)

If you had a personal accident insurance policy on your motorcycle, it may cover part of your damages. This insurance varies depending on the policy terms, and it is important to check your exact coverage.

4. Civil Action

In addition to an insurance claim, you are entitled to file a direct civil action against the responsible driver or vehicle owner to obtain compensation for any damages not covered by insurance. This civil action may include pain and suffering damages, future loss of income, and ongoing medical treatment costs.

How is Motorcycle Accident Compensation Calculated?

Calculating compensation for a motorcycle accident involves several different components. Each element is calculated separately, and the final amount is the sum of all components together:

Actual Medical Expenses

This includes all expenses incurred for medical treatment as a result of the accident — hospital examinations, treatments, medications, surgeries, physiotherapy, rehabilitation, and additional treatments. Every expense must be documented with invoices and medical documentation.

Loss of Earning Capacity

If you were unable to work due to the accident, you are entitled to compensation for lost income. This is calculated based on your income before the accident and the number of days or months you were unable to work. If the disability is permanent and has affected your ability to earn in the future, you may be entitled to compensation for future loss of income.

Pain and Suffering

This is a significant component of compensation, reflecting the physical and emotional pain you have suffered. The assessment of pain and suffering depends on the severity of the injury, duration of treatment, disruption to daily life, and any other factors related to your suffering. Typically, cases involving severe injuries (fractures, spinal injuries, head injuries) receive higher compensation for pain and suffering.

Diminished Quality of Life

If the accident left you with permanent disability — such as inability to participate in activities you did before the accident, movement limitations, or need for assistance from others — you are entitled to compensation for diminished quality of life.

Rehabilitation and Adaptation Expenses

If you require assistance with rehabilitation (such as a wheelchair, controls, adaptations to your home or vehicle), all these costs can be part of the compensation.

Important Note: The ranges presented in the table are indicative only, and each case is examined individually. The final compensation amount depends on specific circumstances, the severity of the injury, evidence presented, and the discretion of the legal professional or court.

The Legal Process — From Accident to Compensation

The legal path to obtaining compensation for a motorcycle accident involves several key stages. Understanding the process will help you be prepared and know what to expect:

Stage 1: Reporting and Documentation

Immediately after the accident, it is important to report it to the police and obtain an accident report. Document the location of the accident, direction of travel, names of witnesses, insurance number of the other vehicle, and take photos of the damage to your motorcycle and the other vehicle. Also obtain a damage assessment from the insurance company's adjuster.

Stage 2: Medical Treatment and Documentation

Go for a medical examination immediately, even if you think the injury is minor. Many injuries from motorcycle accidents only appear after a few hours or days. Keep all medical reports, photos of injuries, medication invoices, and treatment bills.

Stage 3: Consulting with an Attorney

To ensure your rights are protected, it is important to consult with an attorney specializing in traffic accidents. Mandelbaum, Gor, Wittmann-Gor and Partners law firm offers a free initial consultation, during which we will review your case and suggest a way forward.

Stage 4: Filing a Claim with National Insurance

If you are entitled to a disability allowance or loss of earning capacity benefits, your attorney will ensure the application is submitted on time. National Insurance typically makes a decision within a few months, but if an appeal is filed, it may take much longer.

Stage 5: Negotiation with the Insurance Company

Your attorney will contact the at-fault driver's insurance company with a formal claim, including all evidence and documentation of your damages. Typically, insurance companies attempt to reach a settlement agreement at this stage to avoid lengthy litigation.

Stage 6: Litigation (If No Settlement is Reached)

If the insurance company refuses to compensate you fairly, or if the amount offered is insufficient, your attorney can file a civil lawsuit in court. At this stage, all evidence, witness testimony, and expert opinions will be presented. The court will issue a judgment determining the final compensation amount.

Stage 7: Collection of Compensation

After reaching a settlement or receiving a court judgment, the compensation will be transferred to your account. Typically, insurance companies pay within a few weeks of signing the settlement agreement, while court judgments may take much longer.

Risks and Common Mistakes in Motorcycle Accidents

When you are injured in a motorcycle accident, there are several mistakes that can reduce or eliminate your right to compensation. Knowing these risks will help you avoid them:

Failure to Report to Police

If you did not report the accident to the police, it may be difficult to prove the other party's liability. A police report is crucial evidence in your claim.

Admission of Full Responsibility

If you immediately admitted that the accident was your fault, this could affect your right to compensation. Even if you believe you are at fault, wait for an attorney before making any admission.

Failure to Document Expenses

All medical expenses, travel costs, and treatment costs must be documented with receipts. If you did not keep invoices, it may be difficult to prove your expenses later.

Signing Documents Without Review

Do not sign any document that the insurance company sends you without review by an attorney. Typically, insurance companies attempt to limit their liability in various ways.

Delay in Consulting with an Attorney

The longer you wait, the less time you have to obtain evidence and expert opinions. Additionally, there are time limits (statute of limitations) for legal claims, so it is important to act quickly.