Prompt payment in Israel

Prompt Payment for car accidents in Israel (payment on account for car accidents in Israel)


Usually when a person is injured in an accident in Israel, in addition to the physical and mental damage there is significant financial damage as a result of the injury, in a car accident in Israel. Mostly the expenses in a car accidents in Israel are on medical expenses, expenses on convalescent care, nursing and of course the loss of wages. The more serious the injury from a car accident in Israel, the longer it takes to complete the handling of the legal case in Israel. During the same extended interim period (which can sometimes continue for years) the injured party from the car accident in Israel is likely to incur serious financial damage. In the past personal injury law in Israel, one of the main reasons for financial complications after a car accident in Israel was the fact that the injured party in the car accident didn't receive interim payments (frequent payments after a car accident in Israel or payment on account for car accidents in Israel) for the extent of the period after the car accident in Israel, when he was unable to work.



Under the Law of CompensationCompensation for Road Accident Victims in Israel, (the law of personal injury from a car accident in Israel) regulations are implemented offering a solution to this difficult problem. The regulations in Israel state that the injured party has the right to receive interim payments from the insurance company (prompt payments). The frequent payments are given to the victim in order to cover the heavy expenses of the victim and his family incurred as a result of the accident. Most of the expenses are medical, for convalescent care and loss of wages. The law in Israel says that from the moment the injured party contacts the insurance company with a request for frequent payments, the insurance company has to send him the payment within 60 days. If within 60 days the insurance company has not responded positively to the request, the injured party has the right to approach the courts in Israel through a lawyer with a request for frequent payments. The court in Israel debates as to the type of frequent payment as promptly as possible. The debate is held within a short time because if it draws on for too long it defeats the purpose of the law in Israel to regulate prompt payments. One of the reasons it is recommended to contact a lawyer in Israel for help close to the time of the accident is the issue of the prompt payments. As long as the injured party is in hospital in Israel the victim and his family have a false feeling that there is no need to promptly contact a lawyer. In most cases victims approach a lawyer in Israel for help only a number of weeks after the accident. For this reason they can sometimes cause themselves financial damage. In fact the 60 day count-down mentioned above begins from the moment the insurance company receives the first written request from a lawyer in Israel. It follows that all delays in contacting a lawyer in Israel brings with them a delay in the receipt of prompt payments. And so it is recommended to contact a lawyer in Israel as soon as possible, so that he can begin the process in applying for prompt payments and of course so that he can give the injured party and his family initial advice which will help them take advantage of all their rights in the lawsuit. It should be mentioned that if the injured party needs assistance at home (a care giver, full-time nurse etc) it is important that the hospital release form states specifically that the victim needs convalescent help and help at home. This is in order to make the process of getting a refund for this expense easier. In many cases the insurance company tries to avoid or reduce the amount of prompt payments required by the victim and his family. And this is part of various strategic moves in the handling of the case.

 


Note that the legal debate of prompt payments usually takes only one debate. If the insurance company has suspicions that for example: The compulsory Insurance Policy is not valid, if the driver's license is not valid, if in fact it was a traffic accident at all etc…The court in Israel usually rules that the insurance company has to give the victim prompt payments as an interim financial support. If during the main court case it comes out that there wasn't insurance coverage or that the accident does not fall within the definition of a traffic accident the insurance company will be entitled to reimbursement from the victim for the total amount paid as prompt payments.

 


It should be noted that any amount of money paid as a prompt payment will be deducted from the final main lawsuit. For example: If in the main court case in Israel the judge rules that due compensation is a million shekels and the victim has already received prompt payments of 20,000 shekels. Then the insurance company will deduct this amount that has already been paid in prompt payments and the victim will receive compensation of 980,000 shekels. In addition, it is important to remember that many victims are very occupied (and rightly so) with the question of prompt payments and even judge the ability of the lawyer according to the amount of prompt payments he succeeds in getting. This is a bad approach and it is not recommended to determine the legal ability of your lawyer by his ability to get prompt payments. It is important to remember that this is a process of less importance and doesn't determine anything about the main process. And the main legal focus should be on the main lawsuit in Israel.

 


By law and regulations in Israel the amount of the prompt payments must be based mainly in the following areas:

  • The average income of the injured party in the months preceding the accident.
  • Actual loss of wages.
  • Expenses incurred following the accident and as a result of the accident.
 

In order to speed up receiving the prompt payments and insure that the amount of prompt payments is enough every victim should be aware of the following rules:

  • If the victim is a working person – you must get and keep six pay slips from your employer for the months preceding the accident.
  • You must get confirmation from the traffic police in Israel reporting the events of the accident.
  • You must keep a copy of your vehicle's compulsory insurance policy.
  • You must photocopy both sides of the driver's license.
  • · If the victim is still in a hospital in Israel you must ask the consulting doctor from the hospital in Israel to give you an interim report about the medical condition of the victim.
  • You must get a release form from the hospital in Israel.
  • Request and keep all receipts from expenses incurred by the victim and his family caused directly by the accident. Most of the expenses will be for ambulance and taxi fares (in the event that the victim and his family travel in a private vehicle you should make a vehicle card and consult with an experienced lawyer in Israel about how to prepare the card).
  • In the event that the victim is employed and he has no due sick leave according to the law of medical leave in Israel and the employer is interested in helping out financially regardless. Then you should consult with a lawyer in Israel before pay day about how to record the financial help on the pay slip and this is so that you don't damage the amount payable as prompt payments or the main lawsuit.
  • In the event that the victim employees a housekeeper and/or care giver in the period following the accident it is recommended that you report the care giver or housekeeper to the National Insurance Company in Israel for two main reasons:
  • If the above mentioned care giver is injured while in your employment it can cause additional legal complications for the victim and his family.
  • As the report to the National Insurance Company in Israel is prima facie in the event that you have to pay expenses for the housekeeper or care giver.

In the event that for any reason it is not possible to report the housekeeper to the National Insurance Company in Israel you should get her full details and get her to sign on the appropriate forms confirming that she is employed by the victim. Again it is important to consult with an experienced lawyer in Israel.