Road Accident Guide — Rights and Compensation

Introduction: Why It Is Important to Understand Your Rights in a Road Accident

Road accidents are among the most difficult occurrences in a person's life. Beyond physical and psychological injury, they raise important legal and financial questions: What are my rights? How much compensation am I entitled to? What is the difference between national insurance and a private insurance claim? How are compensation amounts calculated?

This guide is designed to provide you with deep and clear answers to these questions, and to guide you through every stage of the process. Mendelboim, Gor, Witzman-Gor & Co. has specialized in representing claimants in road accidents since 2008, and our approach to every injured party is personal and dedicated.

What Is a Road Accident from a Legal Perspective?

Under Israeli tort law, a road accident is defined as a collision or other event that occurs on a public road (or on a private road in certain circumstances) and causes damage to the body of one or more persons. The damage may be physical (such as fractures, injuries, tissue tears), psychological (trauma, depression, anxiety), or both.

From a legal standpoint, in order for you to have the right to file a claim for bodily damages, you must prove that the other party (the defendant, typically the driver or owner of the other vehicle) had a duty of care, breached that duty, and that this breach caused your damage. This is a fundamental principle in Israeli tort law.

Types of Damages in Road Accidents

• Direct bodily damages: Physical injuries such as fractures, wounds, burns, spinal cord injury, head injury, or death.
• Secondary damages: Loss of earning capacity, medical expenses, physiotherapy treatment, medications, and medical equipment.
• Psychological damages: Mental suffering, fear of driving (in road accidents), sleep disorders, depression, and anxiety.
• Property damages: Damage to the vehicle and items within it (although in road accidents with compulsory insurance, this damage is typically covered by insurance).
• Loss of income: Income lost due to inability to work during the recovery period or permanently.

The Compensation System for Road Accidents in Israel

In Israel, there are two main ways to receive compensation following a road accident: through national insurance and through a civil claim against the defendant (typically through his insurance company).

National Insurance — Disability Allowance

National insurance in Israel provides a disability allowance to any person injured in a road accident whose injury causes disability of over 20%. The allowance is calculated based on the percentage of disability (determined by a medical committee) and the injured party's average income. The allowance continues for the entire life of the injured party (or until recovery, if it occurs).

To receive a national insurance allowance, an application must be filed within a specified period from the date of the accident. The application includes medical documents, medical certificates, and all information related to the injured party's medical condition.

Civil Claim Against the Defendant

In addition to the national insurance allowance, the injured party has the right to file a civil claim against the person who caused the accident (or against his insurance company) for compensation for all damages sustained — whether physical, financial, or psychological. The amount received in a civil claim may be substantially higher than a national insurance allowance.

A civil claim is typically filed within two years from the date of the accident (this is the deadline set in the Civil Procedure Law). However, there are exceptions and issues related to defendant identification, insurance liability, and so forth.

Calculating Compensation Amounts in Road Traffic Accidents

The compensation amount in a road traffic accident comprises several components. Each component is calculated differently and depends on the specific facts of the case.

Compensation Components

1. Pain and Suffering: This is compensation for the pain, suffering, and fear experienced during the accident and recovery period. The amount depends on the severity of the injury, the duration of your suffering, and the nature of medical treatment required. Generally, more severe suffering results in higher compensation.

2. Medical Expenses: All expenses incurred in connection with treatment — examinations, medications, surgeries, physiotherapy treatment, medical equipment, etc. These expenses are calculated based on original receipts and invoices.

3. Past Loss of Income: Income lost during the period when you were unable to work due to the injury. This calculation is based on your average income before the accident.

4. Future Loss of Income (Loss of Earning Capacity): If the accident caused permanent disability affecting your ability to earn in the future, you are entitled to compensation for this loss. This calculation is complex and depends on age, profession, degree of disability, and estimated life expectancy.

5. Future Treatment Expenses: If you are expected to require ongoing medical treatment in the future (for example, annual physiotherapy treatment), you are entitled to compensation for these expenses.

6. Emotional Suffering and Difficulty in Daily Life: In serious accidents, compensation is typically recognized for emotional suffering such as anxiety, depression, sleep disorders, and difficulty returning to normal activities.

Typical Compensation Ranges Table (for general understanding)

Below is a table presenting general ranges of compensation in road traffic accidents, according to the severity of injury. Remember that each case is unique, and these amounts are estimates only:

Important Note: This table presents general ranges only and is not binding. Each case is examined individually according to its specific circumstances — the victim's age, health status before the accident, type of profession, family relationships, etc.

Burden of Proof in a Motor Vehicle Accident Claim

In order to succeed in a motor vehicle accident claim, you must prove several important legal facts:

1. Liability

You must prove that the defendant breached their duty of care toward you and caused the accident. This proof can be based on a police report, witness testimony, photographs from the accident scene, traffic camera footage, and the defendant's own statements. In motor vehicle accidents, there is often a clear determination of liability (for example, a driver who hit from behind), and in other cases there may be a division of liability (for example, both drivers contributed to the accident).

2. Causation

You must prove that the defendant's breach of duty directly caused your damages. This means that if the accident had not occurred, the damage would not have happened. In motor vehicle accidents, causation is usually clear, but in cases of pre-existing injuries or complex medical conditions, expert medical evidence may be required.

3. Damages

You must prove the existence of the damages and their value. This proof will be based on medical bills, medical reports, testimony of physicians, and calculation of lost income. The amount of damages should be documented as clearly as possible.

Important Legal Evidence

• Police Report: The police report filed at the time of the accident is significant evidence, but is not binding on the court.
• Witness Testimony: Witnesses who saw the accident can testify in court or submit a written statement.
• Medical Evidence: Medical reports, tests (X-rays, MRI, etc.), and decisions of medical committees.
• Invoices and Receipts: Any document evidencing an expense incurred in connection with the accident.
• Photos and Video: Photos from the accident scene, traffic camera footage, or vehicle cameras (dash cam).

Why Choose a Traffic Accident Specialist Attorney

A motor vehicle accident claim is a complex legal process requiring deep knowledge of tort law, compensation calculation, court procedures, and evidence gathering. A specialist attorney can secure significantly higher compensation for you than you could obtain on your own, saving you time and stress.

Mendelbaum, Gor, Witzman-Gor & Co. — Experience and Personal Attention

Mendelbaum, Gor, Witzman-Gor & Co. specializes in representing claimants in traffic accidents since 2008. Our extensive experience in the field, combined with a personal and dedicated approach to every client, makes us a reliable choice for you. We understand that a traffic accident is a difficult and traumatic event, and we are here to assist you at every stage of the process.

Our office in Ramat Gan, at Donesch Street 1, is available for personal consultation meetings. Additionally, we offer a free initial consultation meeting, so you can understand your rights and options for handling your claim.

Our Services

• In-depth legal advice on your rights in a traffic accident.
• Gathering evidence and documentation of damages.
• Negotiation with insurance companies for a fair settlement.
• Court representation if necessary.
• Accurate calculation of compensation in accordance with the specific details of your case.
• Full support throughout the process of obtaining compensation from National Insurance and insurance companies.