Damages

Car accident injury compensation in Israel is calculated using a number of factors. Some of these factors are the extent of the injury suffered, your age at the time of the accident, the type of treatment needed, and pain and suffering. Israeli law states that compensation focuses on restoring the victim to their original financial and physical state before the accident occurred through financial restitution.

Unlike other personal injury claims where you must prove someone else was at fault, Israeli car accident law operates on a “no-fault” basis. This means that regardless of who caused the accident, you are entitled to compensation for your bodily injuries.

Because the law is very unique, the court relies heavily on structured rules to determine your payout. In addition, rather than having opposing lawyers argue over who was at fault, the court relies on medical experts to assess the true impact of your injuries.

In Israel, the question of who to sue can sometimes be confusing. Personal injury claims are almost never filed against the other driver personally. Instead, the claims are usually filed against insurance companies based on some rules: 

• Drivers and Passengers: If you were driving a car, you sue the insurance company of your own vehicle

• Pedestrians and Cyclists: If you were struck by another vehicle, you file your claim against the insurance company of the vehicle that hit you

• Hit-and-Runs: If you were a victim of a hit and run, the Israeli government has a fund specifically designed to compensate bodily injury victims

When a judge or insurance company calculates your compensation, they divide the recovery into specific sections of damage: 

• Pain and Suffering: This compensates you for emotional distress. It is calculated by using a mathematical formula tied to your age, your medical disability, and your hospital stays.

• Loss of Earning Capacity: This section covers the income you lost out on while you were recovering from your accident. Loss of earning capacity also covers future earnings if your injuries will limit you from your full potential. 

• Third-Party Assistance: If your injuries meant you had to hire an outside service to help you recover, you can also claim financial reimbursement for those services. 

Not all injuries will show up on an X-ray. Many accident victims suffer from severe whiplash, soft-tissue pain, or in some cases even PTSD.

Luckily, you can still receive significant compensation for these conditions. In order to do so, you have to build a trail of medical documentation. Seeking care immediately after the accident and consistently reporting your systems to doctors will make sure that the court has enough evidence to validate your claim.

One of the most reassuring aspects of pursuing a claim is how the legal fees are structured. Attorney fees for bodily injury claims are strictly regulated and capped by a statutory percentage. You do not have to pay out of pocket or worry about hourly rates. Lawyers operate on a contingency fee basis, meaning you only pay if you win. Here are the percentages for legal fees:

• 8% (plus VAT): If the claim is settled directly with the insurance company before filing a lawsuit

• 11% (plus VAT): If a lawsuit is filed in court, but a settlement is reached before a final judicial ruling is made

• 13% (plus VAT): If the case goes all the way through a trial and the court issues a final judgement

A question that many victims ask is whether they can collect money from more than one insurance policy. Under Israeli law, this depends on the type of policy:

• Compulsory Auto Insurance: With this policy you can only file one claim. You cannot double-recover or sue multiple insurers for the same injury 
• Private Personal Accident Policies: If you purchase private health, life, or personal accident insurance policies, then you can claim from those as well. These policies are based on contracts, meaning that they will pay a fixed amount for fractures, hospital stays, or disability on top of the compensation you win from your auto insurance

Do not risk losing out on the financial recovery that you deserve after an accident. Our law office will make sure you get the help you deserve, guiding victims through all steps of the legal system. Contact Decker, Pex, & Levi today.