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Compensation in case of accident. The advice of a lawyer

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Road traffic accidents happen, unfortunately, in our country with enviable regularity. But not everyone knows that since 1975 on the territory of the state of Israel has a law by which any victim in road accident – the driver, occupant or pedestrian, regardless of who is found guilty, can claim compensation. Let’s see how to act correctly in such situations.

What may be considered a traffic accident?

According to the law, a traffic accident is defined as «a case where physical injury is associated with the use of a motor vehicle for transportation purposes». On the one hand, this formulation allows for very widely to interpret such a thing as an accident, and to obtain monetary compensation. On the other hand such a General definition, courts often have to analyze each case individually. Another important factor to consider is that no matter who is at fault of the accident sufficient to prove the fact of injury resulting from road accidents.

Who pays compensation in case of accident?

In accordance with the decision of vehicles (New version 5730-1970), each owner/driver of a vehicle must purchase an insurance policy that a person injured in an accident could receive compensation from the insurance company.

If a person is injured in an accident as a driver or passenger, he may sue the insurance company which had insured the vehicle involved in the accident. In the case of injury in an accident as a pedestrian, you need to go to court with a lawsuit against the insurance company that insures the car that caused the damage. If a person hit more than one car – this means that we are talking about the so-called «mixed failure». In this case, the lawsuit filed against all insurance companies that insure these vehicles. If the car fled the scene of the accident, or the driver was behind the wheel of a stolen car, the lawsuit filed against the «Carnet» (Fund for compensation of victims of road accidents). This is a state Fund that specializes in injuries and paying compensation to road accident victims, who have no opportunity to file a lawsuit against the insurance company.

Tips to victims of car accident

1. First and foremost, you need to seek medical help and to obtain all medical records that may be relevant to the injuries sustained in the accident. It is important to make sure that all your complaints are documented by a physician.

2. Contact the police and get confirmation of road traffic accidents. It is important to document the case of an accident and to get the most complete (as possible) information on all involved vehicles.

3. Save all receipts related to expenses related to an automobile accident (including mobile phone costs, obtaining outside help, medical expenses, etc.)

4. Be sure to contact a lawyer and make a detailed plan of action to receive monetary compensation for material and moral damage.

The claim terms

According to the law, a claim for injuries related to the accident must be submitted to the court no later than seven years from the date of the accident. In the case that injured a minor, he may file suit in a court not later than 7 years from the date when he was 18 years old (25 years). It is important to note that sometimes, immediately after the accident, it is impossible to assess all damage caused to the health. There can be total disability, to require additional survey, or can show new unexpected effects of the injury. That is why it is so important to consult with a lawyer specializing in compensation for the accident. It will help to assess the risk and determine the optimal time for filing a lawsuit.

The accident, which is accident

In cases where a traffic accident occurred during the work of the victim (even if an accident happened, for example, on the way to or from work), you can qualify for payments in the National Insurance Institute (bituah Leumi). In this case, the claim must be submitted within one year after the accident.

If You need consultation or advice on how to proceed in such cases please contact me by phone: 03-6914004 or 052-3200009 or leave a message on the website: yashar-law.co.il/EN

Compensation in case of accident. The advice of a lawyer 11.09.2017

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