Traffic accidents - torts - Best lawyers

Were you involved in a road accident? Dealing with physical injury, psychological trauma, and financial uncertainty? You're not alone. Managing a road accident claim against insurance companies is a complex and exhausting journey. Here, at LawReviews, you'll find recommended lawyers who will fight determinedly to ensure you receive the full compensation due to you under the law.

The comprehensive information on this page, from LawReviews, is designed to provide you with a clear and updated legal picture in the field of compensation for road accident victims in Israel. If you were injured in an accident, whether as drivers, passengers, or pedestrians, you can find here the best leading lawyers in the field of tort law - and understand in depth the legal roadmap for fully utilizing your rights.

Introduction: The moment when life changes

A road accident is a sudden, violent, and often traumatic event that interrupts the flow of life in an instant. Beyond the initial shock and physical pain, the victim and their family are thrown into a whirlwind of challenges: the need for medical treatments, absence from work and loss of income, concerns about the future, and dealing with psychological trauma. Within this chaos, the victim is also required to deal with the legal system and insurance companies - large and powerful entities whose goal, naturally, is to minimize the scope of compensation they pay.

The Israeli legislator, aware of this distress, created a unique arrangement in the legal world, anchored in the Law of Compensation for Road Accident Victims, 1975 (hereinafter referred to as: "the Road Accident Law"). This law is intended to ease the burden on victims and shorten their path to receiving compensation. However, despite the law's good intentions, the path to realizing rights is still fraught with obstacles, complex legal terms, and attempts by insurance companies to reduce the compensation amount.

This is where a road accident lawyer enters the picture. Their role is to be your compass and shield in this complex journey. They will translate your medical and functional condition into the language of money and compensation, manage the battle against the insurance company, and ensure that every damage, large and small, receives appropriate expression in the final compensation.

The principle of absolute liability: The cornerstone of the Road Accident Law

The central and most important innovation of the Road Accident Law is establishing a regime of "absolute liability" regarding bodily injuries.

What does this mean in practice?

This means that for the purpose of receiving compensation for bodily injury, the question of fault in the accident is completely irrelevant. It doesn't matter if you were driving at excessive speed, didn't obey a traffic sign, or burst onto the road - as long as you suffered bodily harm in a road accident, you are entitled to compensation. This principle is intended to prevent the victim, injured and suffering, from needing to be dragged into long and exhausting legal battles to prove the other driver's fault. The law neutralizes the question of "who's right" and focuses on only one question: what is the scope of damage caused, and what is the appropriate compensation for it.

Important to emphasize: The principle of absolute liability applies only to bodily injuries. Claims for property damage (car damage, for example) are conducted on a completely different track, requiring proof of fault, as will be detailed later.

Immediate and vital steps after a road accident

Behavior in the first minutes and hours after the accident is critical and can dramatically affect your ability to realize your rights later. If you are involved in an accident, try to act, as much as possible in your condition, according to the following steps:

Ensure your safety and call for help:

First, make sure you and other passengers are in a safe place, away from the traffic lane. Immediately call emergency services: police (100) and ambulance (101). Police presence is vital for obtaining a "police confirmation of road accident," a document necessary for continuation.

Exchange complete details:

Get all details from the involved drivers: full name, ID number, address, phone number, driver's license number, vehicle number, and the name of the insurance company providing compulsory and comprehensive insurance. Photograph with your mobile phone the driver's license, vehicle registration, and compulsory insurance certificate of the involved vehicles.

Document the scene thoroughly:

Take as many photos as possible from different angles:

1. Vehicle damage: Photograph all damage to your vehicle and other vehicles, from close up and far away.
2. Vehicle positions: Photograph the position of vehicles after the accident in relation to the road, traffic signs, and intersections.
3. Environment: Document the road condition (wet, damaged), visibility conditions, braking marks on the road, and any other detail that might be relevant.

Locate witnesses:

If there were witnesses to the accident, ask for their full name and phone number. Their testimony can be decisive, especially in property damage claims or "hit and run" accidents.

Seek immediate medical treatment:

Even if you feel fine and the injury seems minor, don't give up on going to the emergency room or medical center. There are injuries, such as "whiplash," that develop and are revealed only after 24-48 hours. Initial medical documentation is the most important evidence for the causal connection between the accident and the damage. Mention to the medical staff all pains and limitations, even if they seem marginal to you.

Report the road accident to the police:

If the police didn't arrive at the scene, go to the nearest police station as soon as possible to give testimony and obtain police confirmation.

Don't admit fault:

Avoid any statement, oral or written, that constitutes an admission of guilt. Don't sign any document presented to you by the other driver or by an investigator on behalf of an insurance company.

Seek initial consultation with a road accident lawyer:

Do this before you talk to the insurance company. An incautious conversation with an insurance representative could harm your future claim.

Road accident claim for bodily injuries: The process and compensation components

As mentioned, this claim is conducted under the Road Accident Law, regardless of the question of fault.

Who do you sue? The rule is simple:

• Vehicle driver: Sues the insurance company that issued the compulsory insurance policy for their vehicle.
• Vehicle passenger: Sues the compulsory insurance of the vehicle they were riding in.
• Pedestrian or cyclist: Sues the compulsory insurance of the offending vehicle.

"Heads of damage": Breaking down compensation into components

Financial compensation is not an arbitrary amount. It consists of several "heads of damage," each requiring separate proof and calculation. A recommended road accident lawyer knows how to build a solid evidence file for each of the following components:

• Pain and suffering: This is compensation for non-monetary damage. The law establishes a mathematical formula for its calculation, taking into account the percentage of medical disability determined for the victim, their age, and the number of hospitalization days. The higher the disability and the younger the victim, the higher the compensation for this head of damage will be.
• Past wage loss: Compensation for all work days and income you lost from the day of the road accident until the date of judgment or settlement agreement. Proof is based on pay slips, sick leave certificates, and employment certificates.
• Future wage loss (loss of earning capacity): This is usually the most significant component of compensation. It is intended to compensate the victim for the damage to their ability to continue earning until reaching retirement age (67 for men and women). The calculation is complex and takes into account the victim's salary before the accident, the percentage of functional disability determined for them, and the discount factor (calculating the present value of future amounts).
• Medical expenses: Compensation for every medical expense, past and future, not covered by the health basket. This includes private physiotherapy treatments, psychological treatments, medication purchases, orthopedic devices, and travel expenses for treatments. It's important to keep every receipt.
• Third-party assistance (help and care): Compensation for the need for help in performing daily activities, such as cleaning, cooking, shopping, and even bathing and dressing in severe cases. It's important to note that compensation is given even if help was provided by family members and not by a paid worker, recognizing that their time and efforts are worth money.
• Pension and social condition losses: Loss of income also affects social contributions. The court awards additional compensation at a rate of about 12.5% of wage losses for this head of damage.
• Housing and mobility adaptation: In cases of severe disabilities, compensation will be awarded for adapting the residence for wheelchairs, purchasing an adapted vehicle, or other mobility devices.

Special and complex scenarios in road accidents

Reality is more complex than the basic scenario, and there are situations requiring specific legal expertise.

Motorcycle accident: Characteristics and special emphases

Motorcycle and scooter riders are among the most vulnerable road users. In the absence of a vehicle frame to protect them, their body is fully exposed to injury, and therefore motorcycle accidents often end in severe and complex injuries, including head injuries, spinal injuries, multiple fractures, and multi-system injuries.

Legally, a motorcycle rider is considered a "driver" and therefore, like a car driver, sues the compulsory insurance policy of their motorcycle. However, there are several unique emphases: insurance companies tend to raise "contributory fault" claims at a higher frequency against riders, claiming careless riding or non-use of full protective equipment, even if not required by law.

The role of a road accident lawyer is to repel these claims, emphasize the responsibility of other factors (such as vehicles that didn't give right of way, or road hazards), and ensure that severe injuries are translated into maximum compensation reflecting the severity of damage and its implications for the rider's future.

"Hit and run" accident or accident with uninsured vehicle

What happens when the offending driver flees the scene and their identity is unknown? Or when it's discovered that the offending driver doesn't have valid compulsory insurance? In these situations, the victim doesn't remain without compensation. The legislator established a special body called "Karnit - The Fund for Compensating Road Accident Victims." Karnit steps into the shoes of the insurance company and pays the victim the full compensation due to them, as if they were insured. A road accident claim against Karnit requires a heavier burden of proof, as Karnit must be convinced that it's indeed a hit and run accident, so scene documentation, witness details, and police confirmation are particularly critical.

Road accident on the way to work - The double case

A road accident on the way to work (or returning from it) creates a unique legal situation. The accident is recognized both as a road accident according to the Road Accident Law and as a "work accident" according to the National Insurance Law. This situation grants the victim the right to sue for compensation from two sources in parallel:

1. From the vehicle's compulsory insurance company.
2. From the National Insurance Institute

However, there's a significant trap: double compensation cannot be received.

Any amount the victim receives from the National Insurance Institute (injury payments, grants, or disability pensions) will be fully deducted from the compensation amount the insurance company pays. Incorrect management of these two procedures can lead to enormous financial damage. For example, determining low disability in National Insurance could "lock" the victim and harm the compensation they can receive from the insurance company.

Here, the importance of a road accident lawyer also versed in National Insurance laws is crucial. They know how to strategically manage both cases, when to file each claim, and how to ensure the final weighted result is the maximum possible for the client.

Property damage in road accidents: A separate track based on fault

Important to remember: everything said so far about absolute liability refers only to bodily injuries. A claim for vehicle damage ("metal damage") is conducted on a completely separate track, under general tort laws.

In this track, the question of fault is the central question. To receive compensation, you must prove that the other driver was negligent and caused the accident. Compensation includes the cost of vehicle repair, depreciation, and sometimes also the cost of an alternative vehicle. Evidence you collected at the scene (photos, witnesses, vehicle positions) becomes critical here. The claim is filed against the guilty driver and their comprehensive/third-party insurance company.

Summary: The path to appropriate compensation goes through professional representation

The Israeli Road Accident Law is a social law intended to stand by victims of road accidents. However, the path to implementing the law and receiving full, fair, and maximum compensation is fraught with challenges. Insurance companies are skilled and experienced entities, and dealing with them alone is almost always a recipe for receiving insufficient compensation.

Choosing a recommended road accident lawyer is the most important decision you'll make after the accident. It ensures your rights are preserved, your damage is fully assessed, and the fight for compensation is conducted professionally, determinedly, and uncompromisingly.