Road Traffic Accident Abroad Guide — Israeli Rights

Road Traffic Accident Abroad — What You Need to Know

A road traffic accident occurring abroad creates a complex legal situation: you are in a foreign jurisdiction, you may be injured or distressed, and questions of rights and insurance become urgent and confusing. What is important to understand immediately is that an Israeli injured in a road traffic accident abroad is not without legal protection — in fact, you have several ways to recover damages under certain conditions.

This guide covers the important steps: how your insurance works, your rights against the third party who caused the accident, how to file a claim abroad, and the role of Israeli National Insurance. Each of these mechanisms can result in compensation for bodily injury, loss of earning capacity, and other damages.

Why is this page important for you?

When you are outside Israel, time is precious. Knowing the correct course of action increases your chances of compensation and prevents loss of rights due to lack of knowledge or delay. At Mandelboim, Gor, Yitzhak-Gor & Co., we represent claimants only in tort cases, including road traffic accidents abroad, based on over 18 years of experience.

Rights of an Israeli in a Road Traffic Accident Abroad — Three Routes to Compensation

When you are an Israeli injured in a road traffic accident abroad, you generally have three main ways to recover damages:

1. Travel Insurance and Personal Vehicle Insurance

If you purchased travel insurance or if you traveled in your own vehicle that has mandatory insurance in Israel, your insurance may cover damages caused in the accident abroad. Typical travel insurance includes coverage for bodily injury, medical expenses, and liability insurance. It is important to check your policy terms immediately — some insurance policies require notification within a certain time frame (sometimes 30 or 60 days) and reporting of the accident to maintain coverage.

2. Direct Claim Against the Third Party Who Caused the Accident

Under Israeli law and the laws of most countries, the party responsible for an accident due to negligence or violation of traffic laws has a duty to pay compensation to the injured party. It is possible to file a claim against the other driver, against the owner of their vehicle (under certain conditions), or against the third party's vehicle insurance, in accordance with the laws of the country where the accident occurred. Such a claim can be complex when dealing with a foreign jurisdiction — local legal representation is required, documents must be translated, and sometimes foreign legal proceedings must be conducted.

3. Israeli National Insurance

Israeli National Insurance also covers bodily injuries sustained abroad, under certain conditions. If you are insured by National Insurance (every Israeli citizen typically is), you are entitled to file a claim with the National Insurance for your damages. National Insurance calculates compensation based on percentage of disability, loss of earning capacity, and age, not on actual damages (as with private insurance). This means the compensation may be lower, but it is guaranteed and does not depend on proving fault of the third party.

Comparison: Private Insurance vs. National Insurance

When you think about compensation for a road accident abroad, it's important to understand the difference between these two insurance systems. Each operates differently and can result in a different compensation amount.

Generally, the correct approach is to pursue both options: file a claim with your travel or vehicle insurance, and simultaneously file a claim with national insurance. If you are entitled to compensation from private insurance, national insurance may be secondary (meaning they will recover part of the money they paid), but it is still a safe option if private insurance does not provide sufficient coverage.

Road Traffic Accident Abroad — Common and Important Legal Questions

Do I have the right to compensation if I was partially at fault in an accident?

This depends on the type of insurance. If you file a claim with the National Insurance, you are entitled to compensation even if you are at fault — as long as it was a traffic accident (not an intentional act). In contrast, private travel insurance or vehicle insurance may require the third party to be at fault, or your insurance may only cover part of the damage. This depends on the policy terms.

How long do I have to file a claim?

Generally, you have three years from the date of the accident to file a lawsuit in Israel (this is called the "statute of limitations"). However, the National Insurance may have an earlier deadline (sometimes one year), and private insurance policies may have faster reporting requirements. Therefore, it is important to start the process as soon as possible.

What if the other party was not insured?

This is a difficult situation, but not necessarily hopeless. If the other party was not insured, you can still file a direct claim against them (if you have their details), or rely on your own National Insurance. Abroad, there may be government funds or special mandatory insurance that covers the damage of victims when the other party is not insured. An attorney experienced in foreign matters can investigate the options.

Do I need a lawyer?

This depends on the size of the claim and the complexity of the proceedings. For small claims with the National Insurance, you may be able to manage on your own. But for large claims, claims abroad, or when dealing with complex legal proceedings, an attorney experienced in tort law and insurance is essential. They will ensure that you do not lose your rights and will help you manage the proceedings abroad if necessary.

If I received compensation from the National Insurance, can I also sue the private insurance?

Yes, you can generally file claims against both insurance systems. However, there is a rule called the "offset rule" or "subrogation" — if you received compensation from the National Insurance, the National Insurance may be entitled to recover from compensation you received from private insurance. But typically this does not cancel your right to claim against both — it only affects the distribution of the money in the end.

What if the accident occurred in a chain collision or in difficult road conditions?

If the road was in poor condition (for example, due to heavy rain, snow, or poor lighting), this does not necessarily absolve the other driver of liability — but it can affect the percentage of fault. In a chain collision, determining who was at fault can be more complex and typically requires a detailed analysis of the circumstances. A lawyer can help you understand your role and defend you against false claims by the third party.

Can there be compensation for "pain and suffering"?

Yes. In addition to compensation for medical expenses and loss of income, you are entitled to compensation for physical pain, mental suffering, loss of livelihood, and loss of enjoyment of life. This is called "non-pecuniary damage" or "moral damages". Compensation for such damages is determined according to the percentage of disability, age, and circumstances of the case. An experienced attorney will ensure that you receive fair compensation for all your damages.

What if my insurance rejected my claim?

If the National Insurance or private insurance rejects your claim, you have the right to appeal. You can file an appeal to an appeals committee (with the National Insurance) or to a court (with private insurance). Usually, a rejection is based on a claim that the accident did not meet the conditions for coverage, or that you failed to meet reporting requirements. A lawyer can help you respond to the argument and file a justified appeal.

Do I need to pay taxes on the compensation?

Compensation for bodily injury is generally exempt from tax in Israel, but this depends on the type of compensation and your income. Compensation for loss of income or unemployment benefits may be subject to tax. It is advisable to consult with a lawyer or accountant before you receive the compensation, to be prepared for tax consequences.

Why Choose an Experienced Tort Lawyer for Foreign Accidents?

A road accident abroad creates legal complications that require in-depth knowledge in two areas: Israeli tort law and the laws of the country where the accident occurred. An experienced attorney can:

• Navigate insurance systems — National Insurance, travel insurance, and private insurance — to ensure you receive maximum compensation from every source.
• Coordinate with foreign legal firms — If you need to file a claim abroad, an Israeli attorney can coordinate with local lawyers and guide you through the process.
• Gather strong evidence — police report, medical documentation, witness statements — to strengthen your claim.
• Protect you against rejections — If the insurance rejects your claim, an attorney can file a justified appeal before an appeals committee or court.
• Conduct negotiations — An attorney can liaise with insurance companies and negotiate for higher compensation.

At Mandelboim, Gor, Witzman-Gor & Co., we have represented claimants exclusively in tort cases since 2008. This means we specialize in protecting your rights as an injured party, not those of the insurance company or third party. We have extensive experience in road accidents, workplace accidents, public negligence, and insurance claims, including foreign accidents.