Injuring yourself in a car accident inherently causes anxiety or confusion that makes it difficult to deal effectively with the situation, which is already sudden and traumatic. After the initial trauma, which is sometimes accompanied by shouting between those involved or, God forbid, evacuation to the hospital and sometimes even hospitalization, a series of steps must be taken in order to receive what the injured person deserves. I will try to put some "order in the mess" and clarify what needs to be done in order to receive what is due by law in the maximum and fastest way possible.
As a general rule, the Compensation for Traffic Accident Victims Law establishes a definition of traffic accidents that entitles to compensation:
""Road accident" - an event in which a person suffers bodily harm due to the use of a motor vehicle for transportation purposes; an event that occurs due to the explosion or ignition of the vehicle, caused by a component of the vehicle or by another material that is essential to its ability to travel, will also be considered a road accident, even if they occurred by a factor outside the vehicle, as well as an event that occurs due to damage to a vehicle parked in a place where parking is prohibited or an event that occurs due to the exploitation of the vehicle's mechanical power, provided that during the aforementioned use the vehicle did not change its original purpose; however, an event that occurs as a result of an act done intentionally to cause damage to the person or property of that person, and the damage was caused by the act itself and not by the effect of the act on the use of the motor vehicle, will not be considered a road accident;""
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Defining an accident is not simple. We are currently treating a person who was injured in a fight that developed on a bus and did not even know that it was actually a traffic accident. In any case, he did not act correctly, but in any case of doubt, it is important to take the details and consult.
It is also important to note that in the case of bodily injury in a car accident, we deserve compensation. The question of who is at fault is not at all relevant to the compensation itself and its amount. However, in order to receive what we deserve, it is worth conducting ourselves correctly.
It should be noted that the "Compensation for Road Accident Victims" law deals solely with bodily injury and has no connection to damage to the vehicle itself, which may or may not be covered by the insurance company, through third-party insurance or comprehensive insurance. Compensation for bodily injury victims is financed from the same payment collected by insurance companies as part of "compulsory insurance.".
The client's hearing aids were destroyed.
Similar to the lack of knowledge about being involved in a car accident, sometimes people are not even aware that they have suffered "bodily harm" - for example, a client's hearing aids were destroyed in a car accident. This was discovered in a casual conversation with him. Damage to medical and rehabilitation equipment that the person regularly carries with them is considered bodily harm, for example, eyeglasses, a walking stick, and the like.
It is important to remember that in any case of injury in an accident, the most important thing is to devote full attention to medical treatment - because "health is the main thing." This is true in life and it is also true in legal proceedings. The medical condition is the heart of the legal case and has the greatest impact on the compensation rate.
If possible, it is advisable to take the details all The vehicles and drivers involved. In the case of a driver or passenger, it is also a good idea to take the details of their third-party or comprehensive insurance. In the case of a pedestrian, you should take the details of the compulsory insurance that each of the vehicles has.
Yes, even kollel students are eligible.
Hence, the name of the game is to keep documents, receipts, medical documents, a report given to the police and any other document related to the accident. It is important to know that the majority of compensation in Israeli law is for financial damages, primarily loss of earnings or loss of ability to earn an income. Non-financial damages, such as pain and suffering caused by the injury, loss of the pleasures of life, and the like, are compensated for in a small amount in Israeli law. Therefore, it is extremely important to provide confirmations of lost working days and equivalents and proof of the amount of salary. It is also important for young men who receive payments for studies in a kollel to provide confirmations of these payments and their loss, to the extent that they lost part of the payment due to absence due to the accident.
In practice, at the first opportunity, it is mandatory to go to the traffic police and report the accident if there were any injuries. As a rule, you should bring an ID card, a car license, a compulsory insurance certificate, and initial medical documents to the police. In the case of a driver, a driver's license is also required. Of course, assuming that you have these documents. If you are the owner or keeper of the vehicle or are close to them and you know that some of these documents are not in your possession, because they are not, for example, as a result of a person driving without a license or with a license revocation, or because the car license or insurance was not renewed on time, etc., it is recommended to consult with an attorney before contacting the police.
In any case, after collecting the initial documents and receiving police approval, it is recommended to contact a lawyer to claim financial compensation for the bodily injuries caused in the accident. You can of course contact your insurance agent or directly the insurance company, but in my experience, the compensation amounts offered this way are significantly low. Often, this also complicates the management of the procedures with the insurance company, which are already accompanied by long and complicated bureaucracy.
From here, a process awaits that may last several months and, in more complicated cases, even several years, at the end of which you are expected to receive the compensation you are entitled to. As part of this process, the lawyer will have to decide whether he recommends correspondence with the insurance company or filing a claim in court. The lawyer must also advise you on how to assess whether permanent damage remains due to the accident, if so, what its extent is, and what realistic compensation amounts can be received in relation to the damage in question. Of course, after all these assessments, the procedure itself must be conducted, which includes collecting evidence, submitting it in the correct manner, and conducting negotiations that will lead to the optimal result for you.
We emphasize that the rate of the attorney's fee is fixed by law and is 81% of the compensation rate, if no claim is filed, 111% if a claim is filed and it ends in a settlement, and 131% if the case ends in a court ruling.
Good luck and good health.
The lawyer Ziva Ofek From the office Wolfson Weinstein & Co. Specializes in the field of torts.
