Personal Injury Claim Against Uninsured Driver in Ramat Gan

What Happens When an Uninsured Driver Hits You?

traffic accident involving an uninsured driver is a situation many people encounter in Israel, but many do not know what their actual rights are. When an uninsured driver, or one who failed to pay insurance premiums, causes you damage — whether bodily injury, property damage, or both — you may feel helpless: how can you obtain compensation from a driver with no insurance?

The answer lies in the National Insurance Fund, which was established to protect victims of traffic accidents in precisely these circumstances. The Fund provides legal and financial coverage to victims and, under certain conditions, will pay compensation on your behalf, even if the negligent driver is unable to pay themselves.

However, the process of filing a claim against an uninsured driver requires a deep understanding of the law, your rights, and the procedures required to obtain the full compensation you are entitled to. This is precisely the field in which Mendelboim, Gor, Witzman-Gor & Co. specializes — representing plaintiffs in torts since 2008, with extensive experience in claims against uninsured drivers in Ramat Gan, Petach Tikva, and throughout the central region.

Who Is an Uninsured Driver?

To understand your rights, it is important first to clarify who is considered an "uninsured driver." In Israel, mandatory law requires that every vehicle owner be insured with mandatory vehicle insurance (third-party liability insurance). However, there are situations in which a driver may be considered "uninsured":

• A driver with no vehicle insurance whatsoever — a vehicle owner who did not purchase a mandatory insurance policy.
• A driver whose insurance expired — the insurance existed in the past, but insurance premiums were not paid and the policy lapsed.
• A driver whose insurance did not cover the damage — even though insurance exists, it does not apply to the specific circumstances of the accident (for example, a driver not listed in the policy).
• A foreign driver without international insurance — a driver from abroad who entered Israel without valid insurance.

In any of these situations, the National Insurance Fund may be responsible for paying compensation under certain conditions.

The National Insurance Fund — The Legal Solution

The National Insurance Fund is a public institution established to protect victims of traffic accidents in cases where the negligent driver is unable or unwilling to pay compensation. The Fund serves as the "insurer of last resort" — when a driver has no insurance, or when the insurance does not cover the damage, the Fund steps in.

To file a claim with the Fund, you must prove three main things:

1. That you suffered bodily injury or property damage — as a result of a traffic accident.
2. That the negligent driver is uninsured or his insurance does not cover the damage — this is the essential condition for claiming from the Fund.
3. That the negligent driver is legally liable for the damage — meaning he was the one who caused the accident due to negligence or violation of traffic rules.

The Fund will pay compensation up to a certain limit (different limits for bodily injury and property damage), provided you prove all three of these conditions.

The Process of Filing a Claim Against an Uninsured Driver — Step by Step

The process of filing a claim against an uninsured driver is complex and involves several stages. Understanding each step can help you avoid mistakes and achieve faster compensation. Below is a detailed description of the process:

Step 1: Evidence Collection and Documentation

Immediately after the accident, it is important to collect evidence to prove the liability of the at-fault driver. This includes:

• Police accident report — this is a critical document that records the circumstances of the accident and often indicates who was responsible.
• Photographs from the scene — of the property damage, road signs, and the general condition of the road.
• Witness testimonies — if there were witnesses to the accident, their details are very important.
• Medical documentation — if you suffered bodily injury, immediate medical documentation from health authorities is essential.
• Details of the at-fault driver — name, ID number, vehicle details, insurance information (or lack thereof).

During this stage, it is important to be cautious: do not sign any document without fully understanding its contents, and do not waive your rights. If you are involved in an accident, you have the right to consult with an attorney before you sign anything.

Step 2: Checking the At-Fault Driver's Insurance Status

After the accident, you must immediately determine whether the at-fault driver has valid car insurance. You can do this through:

• Asking the driver directly — often the driver knows whether they have insurance.
• Checking through the Ministry of Transportation — you can verify a vehicle's insurance status through the Ministry of Transportation website (for property owners only).
• Contacting the National Insurance Fund — they can confirm whether the driver is insured or not.

At this stage, if it turns out that the driver is uninsured, you are essentially already on the path to filing a claim with the Fund.

Step 3: Filing a Claim with the Driver's Insurance (if it exists)

If the at-fault driver has insurance, you must first file a claim with their insurance company. Even if their insurance does not cover all the damage, this is an important legal step. The insurance claim should include:

• Complete details of the accident.
• Copies of all evidence you have collected.
• An assessment of the damage (to property and/or person).
• A demand for compensation in a specific amount.

The insurance company will investigate the claim and decide whether to acknowledge or reject it. If it acknowledges the claim, it will pay (up to the policy limit). If it rejects it, or if the payment is insufficient, you can file a claim with the Fund.

Step 4: Filing a Claim with the National Insurance Fund

If the driver is uninsured, or if their insurance does not cover all the damage, you can file a claim directly with the Fund. A claim with the Fund requires:

• An official form template of the Fund (available from its offices).
• Copies of all evidence.
• A detailed assessment of the damage.
• Proof that the driver is uninsured.
• Proof that the driver is legally liable for the accident.

The Fund will investigate the claim, often request additional medical examinations (in case of bodily injury), and then decide on the compensation.

Step 5: Negotiation or Legal Proceedings

Often, the Fund will make an initial compensation offer that is unsatisfactory. In this case, you can conduct negotiations to reach an agreement, or sue in court. At this stage, legal representation becomes essential — an experienced attorney can help you reach a better settlement or argue in court for the full compensation you deserve.

Step 6: Receiving the Compensation

After the Fund acknowledges the claim or after a court judgment, the compensation will be transferred to your account. At this stage, it is important to verify that the amount is as agreed and that no unauthorized deductions have been made.

Typical Compensation Amounts in Claims Against Uninsured Drivers

The compensation amount in a claim against an uninsured driver depends on several factors, including the severity of the damage, the degree of the driver's liability, and the type of damage (personal injury or property). Below is a general range of compensation amounts:

Important Note: These amounts are general ranges only, and it is not guaranteed that you will receive exactly such an amount. Each case is examined individually, and the final compensation amount depends on the specific facts of your case — the severity of the damage, the degree of liability, and other factors. Mandelbaum, Gor, Witzman-Gor and Co. will help you accurately assess your claim and conduct negotiations to achieve the highest possible compensation amount.

Barriers and Important Points to Note

In order to file a successful claim against an uninsured driver, you should be aware of several important barriers and laws:

Filing Period (Statute of Limitations)

In tort claims, there is a limited period in which you can file a claim. Generally, you have up to three years from the date of the accident to file a claim. However, in certain circumstances, the period may be different. This is why it is important to act promptly — do not wait until the last moment.

Legal Liability

In order to receive compensation from the Graphic Liability Fund, you must prove that the at-fault driver was legally liable for the accident. This means you must prove that he did something that violated the Traffic Law or acted negligently. If the at-fault driver claims that you were responsible (or partially responsible) for the accident, this may reduce your compensation.

Graphic Liability Fund Medical Examinations

If your claim includes personal injury damages, the Fund may order an independent medical examination to assess the damage. This is part of the normal process, but it is important to know that this examination will affect the amount of compensation you receive. An experienced attorney can prepare you for this examination.

Possible Deductions

In some cases, the Fund may deduct an amount from your compensation if it finds that you were partially responsible for the accident. This is called a "legal deduction" and it can reduce your compensation by up to 50% or more, depending on the Fund's discretion.

Why Choose Mendelboums, Gor, Witzman-Gor & Co. for Your Claim?

When you are researching an attorney for a claim against an uninsured driver, you want something clear: experience, dedication, and truly high compensation. Mendelboums, Gor, Witzman-Gor & Co. offers all of this and more.

Over 18 Years of Experience in Torts: Mendelboums law office was founded in 2008 by Attorney Karen Mendelboums, and has continuously represented claimants in tort claims since then. We have built deep expertise in claims against uninsured drivers, fund claims, and relationships with the National Insurance Institute.

Representation of Claimants Only: We do not represent mortgagees, banks, or insurance companies. We represent only claimants—people like you who have been injured in an accident. This means our interest is solely in yours, and no other party.

Personal and Dedicated Service: A boutique family law office like ours provides each client with personal and dedicated service. You are not just a case number—you are a person who has been injured, and your rights matter to us.

Free Initial Consultation: We offer a free initial consultation to understand your situation, analyze your rights, and explain the process clearly. There is no obligation—it is simply so you can decide if we are the right choice for you.

Located in Ramat Gan and Petach Tikva: We are located in two convenient locations within the Central region, making us accessible to residents of Ramat Gan, Petach Tikva, and the entire Central area. You can easily reach us for a private meeting.