Bodily Injury in Car Accidents 2024: The Complete Legal Guide to Maximizing Victim Rights

Bodily Injury Due to Car Accidents: 2024 Status and the Complete Legal Guide for the Victim

By: Attorney Yulia Moshinski Biton

Car accidents are unfortunately a "national plague." Beyond the news headlines, every such accident holds a world of medical, mental, and financial coping for the victim and their family. As a lawyer representing many victims, I encounter questions daily about the rights due to the victim and how the law protects them.

The Reality on the Roads: Alarming Data from the State Comptroller's Report 2024

The State Comptroller's report published referring to 2024 presents a grim picture that requires increased vigilance from all of us. According to the report, since the establishment of the state until the end of 2022, 32,632 people lost their lives on the roads.

Data from 2022 indicates a worrying trend:
- In this year, 351 people were killed in car accidents.
- Over 2,600 people were seriously injured.
- The economic cost to the economy from car accidents is estimated at about 16 billion NIS per year.

The report emphasizes that about 90% of accidents are caused due to the human factor, a fact that highlights the truth that even the most cautious driver might get caught in an accident not through their fault.

The Legal Umbrella: The Pelatad Law and the Principle of "Absolute Liability"

Despite the difficult data, it's important to know that the Israeli legislator created a significant social safety net for bodily injury victims. The central law regulating the subject is the Compensation for Victims of Motor Vehicle Accidents Law (Pelatad Law).

The most important news of the law is the principle of "Absolute Liability" (No Fault). Its meaning is that for the purpose of receiving compensation for bodily injury, it doesn't matter who is at fault for the accident. Even if the injured driver was 100% at fault for the accident, they are still entitled to full compensation for the bodily injuries caused to them from their insurance company (except for extreme exceptions).

Who do you sue?

1. Driver or passenger in the vehicle: Sue the insurance company that insured the vehicle they traveled in with compulsory insurance.
2. Pedestrian: Sues the insurance company of the vehicle that hit them.
3. Hit and run accident or vehicle without insurance: The claim is filed against "Karnit," a government fund established for these purposes.

What is considered a "car accident"?

The definition in the law is very broad and also includes:
- Injury while entering the vehicle or getting out of it (subject to the technical and substantive test of the ruling).
- Injury during road treatment or road repair.
- Injury from cargo that fell from a moving vehicle.
- Explosion or ignition of the vehicle.

What are the heads of damage for which compensation can be received?

The compensation amount depends on the victim's age, occupation, and the severity of the injury:
1. Pain and suffering (non-pecuniary damage): Calculated according to a formula set in the law.
2. Wage losses: Refund for loss of past work days and compensation for future loss of earning capacity.
3. Pension losses.
4. Medical expenses.
5. Third-party help: Compensation for nursing help or help from family members.

Injured in an accident? 5 Critical Steps for Immediate Execution

1. Initial medical treatment: Seek treatment immediately, even if the pain seems mild at first.
2. Documentation: Photograph the accident scene, vehicles, and damages.
3. Report to the police: Issuing a "police report" – a critical document for continuing the claim.
4. Keeping documents: Keep every receipt for an expense related to the accident (medication, travel, etc.).
5. Legal advice: Do not sign documents of insurance investigators before consulting with a lawyer.

Summary

While the state is responsible for the infrastructure, in the legal arena you need personal accompaniment. As a lawyer familiar with the system, I am here to make sure your rights turn into financial compensation that will help you get back on track as quickly as possible.

The content in this article does not constitute legal advice and should not be relied upon without receiving individual advice.