Traffic accidents - torts - Best lawyers

The LawReviews website understands that involvement in a traffic accident is a traumatic event that can leave victims and their family members with severe physical, mental, and economic injuries. Dealing with the immediate consequences of the accident, medical treatments, and bureaucratic aspects with insurance companies and various institutions can be exhausting and confusing. Precisely in these difficult moments, receiving professional legal assistance from an experienced traffic accident attorney is not only a right, but a vital step to ensure the full rights and compensation you are entitled to by law.

On this page, we will dive deep into the legal issues concerning traffic accidents in Israel, explain your rights as victims, the importance of early legal accompaniment, the stages of managing the claim, and how to choose a recommended traffic accident attorney who will fight for you.

The Legal Basis in Israel: Law of Compensation for Traffic Accident Victims (PLATED)

In Israel, entitlement to compensation for bodily injuries caused in a traffic accident is anchored primarily in the Law of Compensation for Traffic Accident Victims, 1975 (hereinafter: "PLATED Law" or "PLATED"). This law is unique and establishes several central principles:

1. The principle of absolute (almost) liability: According to the PLATED law, the driver (or more precisely, the insurance company that insures the vehicle with mandatory insurance) is responsible for compensating the victim for bodily injuries caused to him in the accident, and this is regardless of the question of fault in causing the accident. That is, even if the accident occurred due to the fault of the victim himself (for example, a pedestrian who crossed at a red light and was injured), he is still entitled to compensation from the insurance company of the offending vehicle (or from "Karnit" in certain cases, as will be detailed below). There are limited exceptions to this principle (for example, one who caused the accident intentionally, one who drove without permission or without a valid driver's license under certain conditions, or one who used the vehicle to commit a crime).
2. Who is entitled to compensation? Any person injured in body in a traffic accident in Israel is entitled to compensation, whether he was a driver, passenger in a vehicle, pedestrian, or cyclist (injured by a motor vehicle).
3. What does the compensation include? The compensation is intended to cover a wide range of damages, including: medical expenses (past and future), loss of income (past and future), loss of earning capacity, help from others (past and future), mobility expenses, housing adaptation (in severe cases), as well as compensation for "non-monetary damage" including pain and suffering, loss of life enjoyment and shortening of life expectancy (in appropriate cases).
4. Importance of mandatory insurance: Every motor vehicle in Israel must be insured with mandatory insurance. This insurance is intended to cover bodily injuries of the vehicle driver, his passengers, as well as pedestrians or third parties injured by that vehicle.
5. "Karnit" - fund for compensation of traffic accident victims: In cases where there is no insuring party to turn to (for example, a "hit and run" accident where the identity of the offending vehicle is unknown, or when the offending driver drove without valid mandatory insurance, or in a stolen vehicle), compensation can be claimed from "Karnit" - a public corporation established by virtue of the PLATED law for this purpose.

It is important to distinguish between bodily injury claims under the PLATED law and claims for property damage (damage to the vehicle body, for example). In property damage claims, the question of fault in causing the accident is indeed relevant, and they are conducted according to general tort laws (Torts Ordinance). This article will focus mainly on bodily injury claims under the PLATED law.

Why is there an urgent need for accompaniment by a traffic accident attorney?

Even if the PLATED law grants the right to compensation almost automatically for bodily injuries, the path to receiving full and fair compensation is fraught with obstacles. Insurance companies, by their nature, are economic entities whose purpose is to minimize the scope of compensation paid. Without proper legal representation, victims may find themselves receiving compensation significantly less than what they deserve, or even struggling to realize their rights at all.

Here are the main reasons for urgent approach to a traffic accident attorney:

1. Deep understanding of the law and case law: The PLATED law, despite being relatively short, has received many interpretations in court rulings. A recommended traffic accident attorney is familiar with the intricacies of the law, current case law, and relevant regulations, and knows how to apply them to your benefit.
2. Dealing with insurance companies: Insurance companies employ attorneys and experts on their behalf. Trying to deal with them alone is a lost battle from the start. Your attorney will serve as an equal force against them, will conduct negotiations professionally and prevent you from falling into traps or signing waivers that harm your rights.
3. Correct and comprehensive damage assessment: Damage from a traffic accident is not limited to just the immediate physical injury. There are long-term medical consequences, significant financial losses, and substantial mental harm. The attorney will work to collect all evidence required to prove the full scope of damage, including appointing medical experts on your behalf (if necessary and according to law provisions), who will assess the degree of medical and functional disability and your future needs.
4. Evidence collection and documentation: For the success of the claim, it is vital to carefully collect and document all evidence: complete and detailed medical documentation, police certificates, witness details, expense receipts, salary slips to prove income losses, and more. The attorney will guide you how to act and assist in collecting the material.
5. Effective negotiation management: Most PLATED claims end in settlement outside court walls. An experienced attorney is a master negotiator and knows how to apply the right pressures on the insurance company to achieve the maximum possible compensation for you without being dragged into a long and expensive legal proceeding (but will be prepared for it if required).
6. Court representation: If negotiations did not succeed and the insurance company refuses to offer fair compensation, the attorney will represent you in court, file the claim, manage the legal proceeding, examine witnesses and argue on your behalf until receiving a judgment.
7. Prevention of critical errors: Procedural errors, non-compliance with timeframes (such as statute of limitations period), or providing partial or incorrect information to the insurance company can seriously harm the claim's chances. An attorney will prevent such errors.
8. Peace of mind and focus on recovery: Legal handling of a traffic accident claim is complex and requires much time and energy. Transferring the handling to the trusted hands of an attorney allows you to remove this worry from your heart and focus on what is truly important - your recovery and rehabilitation process.

The process of bodily injury claim after traffic accident - how it works

Stage A: Immediate actions after the accident (even before approaching an attorney)

Receiving medical treatment:

The most important thing is to take care of your health. Seek immediate medical treatment (emergency room, health fund, family doctor), even if the injury seems minor. Medical documentation close in time to the accident is critical for proving the causal connection between the accident and damage.

Reporting to police:

There is an obligation to report to Israel Police about any traffic accident with casualties. You must receive from the police a "traffic accident certificate" including details of those involved and circumstances. This certificate is vital for filing the claim to the insurance company.

Collecting details at the accident scene (as much as possible):

1. Details of involved vehicles (license number, vehicle type).
2. Driver details (name, ID, driver's license, mandatory insurance policy details).
3. Witness details (name, phone).
4. Photography of accident scene, vehicle damage, and your injuries (if possible).

Notifying the insurance company:

You must notify your insurance company (in case of property damage) and the insurance company that insures with mandatory insurance the vehicle responsible for the accident (if known). However, it is recommended to consult with a traffic accident attorney before providing a detailed version to the defendant insurance company.

Stage B: Approach and initial consultation with a traffic accident attorney

• It is recommended to approach an attorney as soon as possible after the accident.
• In the initial consultation meeting (usually without commitment), you will present to the attorney the accident circumstances, initial medical documentation and police certificate.
• The attorney will assess the claim's chances, explain the expected legal process, the method of calculating potential compensation, and detail his fee (which is usually set as percentages of the compensation to be received - "success-based fee").

Stage C: Evidence collection and building the legal case

At this stage, the attorney will act thoroughly to collect all documents and evidence required to substantiate the claim:

• Comprehensive medical documentation: Collection of all medical files from health funds, hospitals, medical institutes, and specialist doctors.
• Medical opinions: In many cases, particularly when permanent disability remains, there is a need for an opinion from a medical expert in the relevant field (orthopedist, neurologist, psychiatrist, etc.). According to the PLATED law, the court appoints medical experts on its behalf, but the attorney can recommend experts or request appointment in specific fields. The attorney will prepare a "medical exhibits file" and formulate the questions to be addressed to the expert.
• Proof of financial losses: Collection of salary slips (before and after the accident), employer certificates, profit and loss reports for self-employed, receipts for medical expenses, travel, home help, etc.
• Police file and testimonies: Completion of collecting investigation material from police and, if necessary, collecting affidavits from witnesses.

Stage D: Approach to insurance company (or "Karnit")

After forming the initial picture of damage, the attorney will approach on your behalf the relevant insurance company (of the offending vehicle, or "Karnit") with a reasoned demand letter. The letter will include description of the accident, damage details, and the compensation amount required at this stage.

Stage E: Negotiation management with insurance company

This is a critical stage where the experience and skill of a recommended traffic accident attorney come into full expression. The attorney will conduct stubborn negotiations with insurance company representatives (claims adjusters or attorneys on their behalf) with the goal of reaching a settlement that reflects the full damage caused to you.

The insurance company may offer low proposals initially and try to "drag time." An experienced attorney knows how to deal with such tactics.

Stage F: Filing a claim in court (if necessary)

If negotiations do not yield a satisfactory result and a fair settlement is not achieved, the attorney will recommend filing a claim in the competent court (magistrate court or district court, depending on the claim amount).

Filing the claim opens a formal legal proceeding, including stages such as filing pleadings (statement of claim, statement of defense), document discovery and questionnaire procedures, filing primary affidavits, appointment of experts by the court, and more.

Stage G: The legal proceeding and its conclusion

Even after filing the claim, settlement negotiations often continue, and in many cases a settlement is achieved even at advanced stages of the proceeding. If no settlement is achieved, the case will reach the evidence stage, where testimonies will be heard and experts will be examined on their opinions.

At the conclusion of the proceeding, the court will give a judgment determining the compensation amount due to you. The attorney will ensure collection of compensation funds from the insurance company or "Karnit" after achieving settlement or giving judgment.

Types of compensation common in bodily injury claims from traffic accidents

Compensation in PLATED claims is divided into several main "damage heads":

• Medical and related expenses (past and future): All medical expenses not covered by the National Insurance Institute or health fund (for example, alternative treatments, medical devices, special medications, nursing care), as well as travel expenses for treatments.
• Past income losses: The difference between the salary you would have earned had it not been for the accident, and the salary you actually received (or did not receive at all) in the period from the accident until giving judgment or settlement.
• Loss of earning capacity / reduction in earning capacity (future): If as a result of the accident your ability to earn in the future was harmed or reduced, you are entitled to compensation for expected future income losses until reaching retirement age. This calculation is complex and takes into account the degree of functional disability, salary base, and discount coefficient.
• Help from others (past and future): Compensation for the need for help from family members or paid workers to perform daily activities you could not perform due to the injury.
• Pain and suffering (non-monetary damage): Compensation for physical and mental suffering caused to you. This amount is calculated according to a formula set in PLATED regulations, which takes into account the percentage of established medical disability, victim's age, and number of hospitalization days, and has a statutory ceiling.
• Mobility expenses and housing adaptation: In cases of severe injuries, you may be entitled to compensation for increased mobility expenses (adapted vehicle, special trips) or adaptation of housing conditions to your limitations.

Dealing with the National Insurance Institute (NII)

In many cases, a traffic accident may also be recognized as a "work accident" (if it occurred on the way to work, from work, or during it) or the victim is entitled to general disability benefits from the National Insurance Institute. A traffic accident attorney will help you exhaust also your rights vis-à-vis the NII. It is important to know that benefits received from the NII (such as injury compensation, work disability pension) will usually be deducted from the final compensation amount received from the insurance company within the PLATED claim framework, to prevent "double compensation." The attorney will ensure the deduction is performed properly and that you are not harmed.

"Hit and run" accidents or driving without insurance - "Karnit" enters the picture

As mentioned, in situations where the offending driver is unknown ("hit and run" accident) or drove without valid mandatory insurance, or in a stolen vehicle, the victim is not left without response. "Karnit" is the body responsible for compensating victims in such cases. The claim process against "Karnit" is essentially similar to a claim against an insurance company, but has specific characteristics and requirements. Here too, accompaniment by traffic accident attorneys familiar with dealing with "Karnit" is vital.

Importance of meeting deadlines - statute of limitations period

Claims for compensation for bodily injuries from traffic accidents have a statute of limitations period. According to the Statute of Limitations Law, such a claim must be filed in court within 7 years from the day of the accident. If the victim was a minor at the time of the accident, the statute of limitations period begins to count only from reaching age 18 (that is, he can file a claim until age 25). Failure to meet the statute of limitations deadline may block the possibility of claiming compensation. Therefore, there is crucial importance in approaching legal consultation as soon as possible and not delaying.

How to choose the recommended traffic accident attorney for you?

Choosing the attorney who will represent you is a critical decision that may significantly affect the claim results. Here are several criteria that will help you in the choice:

1. Experience and specific expertise: Look for an attorney whose main occupation is in the field of bodily injuries and traffic accidents (PLATED). Check how many years he has been engaged in the field and how many similar cases he has handled.
2. Proven successes and reputation: Do not hesitate to ask about previous successes (while maintaining his clients' confidentiality). Look for recommendations, reviews (for example, on the LawReviews website), and check the attorney's reputation among colleagues and clients.
3. Personal relationship, empathy and availability: Beyond professionalism, it is important that the attorney be attentive to your situation, show empathy, and explain the legal process to you in clear and understandable language. Ensure that he or his office will be available for your questions and updates.
4. Transparency and honesty: A good attorney will be honest with you regarding the claim's chances, possible difficulties, and realistic compensation assessment. Beware of excessive promises.
5. Resources and case management capability: Ensure the attorney has the necessary resources for managing the case, including connections with medical experts (if necessary) and ability to deal with complex legal proceedings.
6. Fair and transparent fee: Most attorneys work on a success-contingent fee basis (percentages of the compensation to be received), plus expense reimbursement. Ensure you fully understand the fee agreement, the agreed percentages, and what expenses may apply to you. The fee agreement must be in writing.

In conclusion

A traffic accident is a difficult and shocking event. Dealing with the physical, mental and economic consequences is a huge challenge. Early approach to an experienced and professional traffic accident attorney is the most important step you can take to ensure you receive the full compensation you are entitled to by law. It is important to choose a traffic attorney with specialization in traffic accidents who will be by your side at all stages of the process, will fight for your rights against insurance companies and "Karnit" and will allow you to focus on recovery and rehabilitation.

Do not remain alone in the battle. Your rights are important.