What to do after a car accident in Israel

Conduct after accident

"What to do after a car accident in Israel" is a question all victims of a car accident ask themselves. If you have been in a car accident, even if not seriously injured, still there is confusion and excitement and it is important not to become distracted, so follow the rules outlined below:

- Take down the other vehicle involved in an accident. If there is more than one vehicle involved in an accident you must enter the details of all vehicles involved in the accident. Of course you also have to record the number of vehicle, type of vehicle, owner information, car insurance agent name and address etc. ...

- You must enter the details of driver vehicle according to the ID. You must enter the following details including full name, exact address, phone number and cell phone, identity card and any other identification. Check phone details given are correct. You only have to call and see the other driver's phone ring.

- You have to register and find out the details of all witnesses (except the driver) were involved in an accident. Later, when the other driver denied the accident or the circumstances, witnesses will be of great importance. Has maintained regular contact with the witnesses (and congratulate them on holidays, for example) and not wait until the trial to contact them.

- If an ambulance arrived at the scene of the accident, you should not refuse to be evacuated by ambulance to the hospital. The ambulance driver must not sign any form or obligation, before and while he recorded the details of the accident as they are. If for example there was a loss of consciousness or delirium, make sure the ambulance driver really wrote it down.

- If no ambulance came to the scene of the accident, one should evacuate themselves from the accident to the emergency room of the nearest hospital. It is advised to get treatment immediately and not put it off for later in the day, not to mention the next day. Any delay in addressing health care legal damages case accident.

- You must obtain a certificate from the emergency room of the hospital or hospital discharge letter, records all complaints about them complained. If not all the complaints are recorded (eg not say he lost consciousness even for a few seconds), it is forbidden to leave the hospital before the doctor will repair what needs to be fixed. If the doctor makes an amendment to the certificate in writing, he must sign next to the amendment to verify it. .

-We must not give anyone the original medical documents. Doctors are required to provide only copies of the medical records. At a later stage it may be necessary to present the original documents to the court. If they are given to a third party, it may be very difficult to obtain them once again.

-It is important to collect any documents and/or receipts indicating accident-related expenses. These include expenses for third-party help, (therapist assistant ... etc) travel expenses, and medical expenses that are not health-related, etc.

- Researchers must not talk to the insurance company about the accident or any other matter before receiving advice from a lawyer expert in traffic accidents.

- You should consult with an attorney in the early stages (first few hours or first days) of the accident.

- Notify your insurance agent and fill out the accident report as appropriate. You should do this only after consultation with a lawyer who is an expert in road accidents.

- The accident should be reported as soon as the traffic police are at the accident. Remember, the fact that the police were at the scene of the accident, does not exempt the traffic police from taking a stand and giving testimony organized and then getting confirmation of the traffic accident.

Important:

If you think after a car accident: "What do I do after a car accident," read the above recommendation before taking any steps to consult an attorney who specializes in traffic accidents and road accident claims. Our office is a tort law firm, which specializes in any type of accident.

For material on further understanding this subject, you should also review other important issues in road accidents, and click on the following links:

What to do after a car accident, how to choose a lawyer accidents, researchers of insurance, medical disability and functional disability accident ordinary car accident on the way to work, a car accident on the way from work to home, hit and run, replacing lawyer car accident, what a road accident, compulsory insurance, down payment auto accident, car accident the pedestrian, train accident, ATV accident, an accident of children, a truck accident, scooter accident, motorcycle accident, bus accident, fatal accidents, traffic accidents with fatalities, pension losses car accident

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Although this is an article about what to do after an accident at work, if you really want to know what to do after the accident, it is very worthwhile to read not only the article "What to do after the accident," but also other articles about the accident as mentioned above. "What to do after an accident at work" and other articles on the site do not replace specific advice from a personal injury lawyer, and only the attorney can say for sure what to do after the accident. If there is a contradiction between what the attorney says and what is said in this article, it is preferable to do what was said by the work accident lawyer over what it says in the article. 

Child in a car accident in Israel

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What is a car accident in Israel

What is a road accident

Unusual accidents

In the distant past, the status of road accident victims in Israel was identical to that of victims of other types of accidents. The road accident victim compensation law passed in 1976 in Israel in order to provide a better solution for road accident victims. When the law was made, its aim was to simplify all the legal procedures relating to road accident victims and give them priority. For that purpose, the law needed to define, among others, what is a road accident and also what is a motor vehicle according to the road accident victim compensation law in Israel.

What is a motor vehicle

The Israeli legislature and the courts strived to define simply and precisely what is a motor vehicle. Over the years, this definition has undergone many changes, since there were many disputes between insurance companies and the victims as to the definition of a ‘motor vehicle’. In this chapter, I shall try to provide a partial list of various vehicles and their adherence to the definition of motor vehicle, according to the road accident victim compensation law in Israel:

Machines and vehicles considered motor vehicles as per the road accident victim compensation law in Israel:

Private cars, commercial car, trucks of various types, tractors, all-terrain vehicles, motorcycles, mopeds, taxis, buses, minibuses, trains, forklifts.

Machines and vehicles not considered motor vehicles as per the road accident victim compensation law in Israel:

Steamrollers, cable cars, seacraft, aircraft, escalators, wheelchairs, handicapped carts.

As mentioned earlier, this is a partial list. It is provided solely for the purpose of demonstration and in most cases will provide a satisfactory solution for the reader.

Usually one can use a simple thumb rule according to which vehicles insured under a compulsory insurance policy is a motor vehicle for the purpose of the road accident victim compensation law in Israel. There are, of course, instances where, although the vehicle was not insured under a compulsory insurance policy, it has nevertheless been defined by the court as a motor vehicle for the road accident victim compensation law in Israel .

What is a road accident

If the definition of a motor vehicle seems complex, the definition of a ‘road accident’ is doubly so.  The road accident victim compensation law in Israel strives to define this concept  in a clear, simple and precise manner, but over the years the definition has undergone changes, since many disputes were raised regarding the definition. The Israeli legislature and courts have amended the definition of road accidents for the road accident victim compensation law in Israel. Currently the term ‘road accident’ is defined by law as follows:

‘An incident where a person incurs corporal damages due to the use of a motor vehicle for the purpose of transportation. Road accidents will also designate events occurring due to the explosion or implosion of the vehicle as a result of a component thereof or of some other material which is necessary for the proper operation of the vehicle, even if those occurred as a result of other factors, outside the vehicle. Also events caused due to collision with an illegally parked vehicle, or an event due to the use of the vehicle’s mechanical power, provided that at the time of use the vehicle has not changed its original purpose. Road accidents will not be considered events that happened as a result of an intended action to cause damage to the person’s body or property, and the damage was caused by the action itself and not by its effect on the use of the motor vehicle’.

It should be mentioned that even this definition may change in the future.

Of course, even after the amendments of the law in Israel, there were still many disputes between plaintiffs and the insurance companies, which were resolved by the courts. I shall not tire the reader here with causes and sources (ruling or legislation) as a result of which certain accidents are defined as roads accidents while others are not. I shall attempt to describe certain incidents by which it is possible to demonstrate what is a road accident by legislation and ruling.

Many of the victims are convinced that road accidents are accidents involving two vehicles or more, the result of which is usually corporal damages.

This is indeed a road accident, but many injuries originating from the vehicle are defined by legislation and ruling as road accidents, although to a layman they do not appear to be road accidents.

Examples for accidents defined as ‘road accidents’ by legislation and ruling:

An injury resulting from the closing of the vehicle door on the passenger’s or driver’s fingers is defined as a road accident, if the injury occurred at the beginning of the drive of that vehicle, during the drive or at the end of the drive.

An injury resulting from repairing the vehicles on the road such as changing a wheel or a burn caused by the eruption of boiling water from the vehicle’s radiator, etc.

An injury caused due to the fall of any object inside the vehicle on the victim (a suitcase falling on the passenger when travelling on a bus or train, etc.)

A bicycle rider spooked by a passing car blowing the horn (even with no physical contact with the car), who fell from the bicycle and was injured.

An injury from a crane installed on a truck and operated by the truck’s engine.

On the other hand, the following are examples of accidents, where the victims are not entitled to compensation according to the road accident victim compensation law in Israel:

An injury resulting from closing the vehicle’s door on the fingers is not defined as a road accident if it takes place in the vehicle while it is not being used for the purpose of transportation. For example, if the victim came to the car only to retrieve a packet of cigarettes you forgotten a few minutes earlier, your stay in the vehicle is not considered for transportation purposes, hence the injury is not defined as a road accident.

An injury from a crane mounted on a truck, operated by a special engine, different than the truck’s engine.

Injury of a road accident victim in Israel as a result of a suicide attempt.

An injury in an accident which occurred while the victim was using the vehicle for the commission of a crime.

An injury where the driver ran over the victim on purpose. In this case the injury will be defined as an assault, and the attacker should be sued directly according to the personal injury ordinance, or sued according victims of hostilities remuneration act (if this relates to hostile actions) and not according to the road accident victim compensation law in Israel .

An injury occurring while commercially loading or unloading goods from the vehicle.

An injury as a result of a road accident when the driver of the vehicle did not have a driving license and/or a valid compulsory insurance policy, and the other passengers of the vehicle were aware of that fact.

I would like to mention that in many instances, the people of authority (policemen, insurance agents, doctors, nurses, medical secretaries, social workers etc.) that the victims meet before taking legal counsel from a road accidents specialist lawyer, are not proficient enough in the definition of motor vehicles and road accidents, and may inadvertently make mistakes and also mislead the victims in relation to the injury.

Therefore, even after reading these lines, it is recommended to consult as early as possible with a personal injury lawyer regarding all aspects of the accident, even if the victim believes it is not a road accident at all. First – it may be that this is a road accident, and secondly – even if it is another type of accident, it is possible that legal steps should be taken immediately, which will be problematic a few weeks later. I would like to clarify that, as already mentioned earlier and emphasized later in this book – this chapter is for general knowledge only, and does not replace specific consultation with a road accident lawyers’ office.

ign=rT � i B �< le='text-align:left'>Usually three doctors who specialize in different areas of medicine sit on the Medical committee appeals of the National Insurance Institute. This committee also has the authority to send the plaintiff to doctors or further testing to establish their decision. Medical committee also appeals can take the opinion of external doctors and she can refuse them.

 The most important tip - legal advice

Medical committees of the National Insurance are the committees that determine the rights of the disabled. Many of these disabled people believe that they will go to the medical committees of the National Insurance and justice was published. They bring the Medical Board of the National Insurance all medical paperwork and complain that they have all their grievances, and in many cases cause permanent damage to themselves. There is a saying: "Even a small child who throws a stupid also explain ten Smart could not pull", which is true for medical committees of the National Insurance Institute. If we say something unnecessary to the medical committee of the national insurance, it could cause irreparable damage. You can not erase what will be recorded in the minutes. Even the medical committee of the Social Security appeals will look over the minutes of the medical board of the National Insurance ranks first and raise the problematic issue again. One should consult with an attorney skilled in tort law and especially in the physical and social security medical committees. It is true that sometimes prosecutors can handle medical committees of the National Insurance either alone, but the chances of success when a tort lawyer advises and assists the process are infinitely better.

Please read the following posts to any person injured in a work accident.

To do:

What to do after work accident

How to choose a lawyer for work accidents

Work accident victims rights

Claim against the employer in a work accident

Work disability claim

Accident at work accident

Loss of earning a work accident

Occupational disease claim

 Our accidents law firm specializes in representing labor and medical committees of the national insurance we will be happy to advise you with an initial consultation free of charge and without any obligation.

Call toll free: call 1-800-229-444

Free initial consultation!

Mandatory insurance claim in Israel

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.

Fibromyalgia syndrome caused by car accident in Israel

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Road accident investigators in Israel

Code of conduct with road accident investigators in Israel:

With most accidents, the insurance company sends its investigators whose job, among other things, is to clarify that an accident occurred or that there is the need to obtain prompt payment, and that the damage as posited by the victim to the insurance company is not excessive, and for other reasons.

It should be noted that most of the casualties in traffic accidents are investigated after the fact by several types of researchers, and it is better not to confuse the different types of investigators, as detailed below:

Police investigator.1

2. Investigator from the National Insurance Institute (If it is a work accident as well as a car accident).

3. Investigator from the insurance company regarding the damages caused to the vehicle.

4. Investigator for the insurance company of the other vehicle involved in the accident.

5. Investigator for the insurance company that insured the victim's life insurance policy or personal accident insurance policy.

6. Researcher for the insurance company that insured the mandatory insurance policy for the vehicle in which the victim was injured during the accident.

Regarding the investigators mentioned above, the victim must cooperate with some, can voluntarily cooperate with others, and should not cooperate with still others.  According to the law the victim has a duty to cooperate with the police investigator as well as the investigator from the National Insurance Institute. However, my recommendation is to contact both of these institutions only after consultation with an experienced lawyer. In principle, if you are not currently consulting with a personal injury attorney, you should stick to the truth and only the truth. Sometimes, for various reasons, victims and their families decide present different versions of the truth to the police investigator or researcher from the National Insurance Institute. The distortion occurs for numerous reasons, including the desire "not to complicate" the driver from the standpoint of traffic, or "not get involved" with the job, etc. ... The victim presents an incompatible representation of the truth to the investigators, or in other words - a false situation. The victim thinks he is helping someone, but in reality they are wrong. In most cases, the victim cannot help anyone with a false story. However, the victim must understand that in most cases the false version may damage primarily the victim. If it turns out that the version presented to the researchers is different from the evidence available to the insurance company, the insurance company may not even suspect that there was a car accident. In this case the insurance company will reject the claim, the case will be implicated, and the victim may lose his rights. My recommendation is to stick to the truth and not be tempted to listen to misdirecting advice-givers. The victim should tell the police investigator and researcher of the National Insurance Institute the truth only.

In any case, I emphasize again, that it is not recommended to give reports and/or messages to anyone before the victim has spoken to an experienced lawyer. An accident attorney will not recommend that the car accident victim change their story, but he or she is able to advise and guide the victim in how to phrase the messages and/or reports, and what is important to emphasize in these reports. Sometimes a misplaced word could bring down the whole case.

Victim should not replace consultation advice from a personal injury law firm with other "advice givers" such as the insurance company, doctor, friends, or anyone else. Keep in mind that after the victim has presented a particular version, it is almost impossible to change it. To get the right lawyer, you should also read the article: How to choose a lawyer for accidents

In any case, the way an accident victim describes the accident in writing occurs in several places, including traffic police station, a form for unemployment NII injury and accident notification forms filled by the insurance agent.

You have to photograph all of the forms listed above before bringing them to the various institutions, so that the lawyer will be able to see the original versions of the various reports provided by the victim. It should be noted substantial variation between different versions of the reports may show the victim as a liar and make it difficult for case management.

Usually, there is no reason to talk to the investigators of the National Insurance Institute or the researchers of the Department of Labor, or even researchers insured insurance executive accident insurance or the prosecutor. Conversations with these investigators help expedite the handling of the various claims. Of course, the victim should also consult with a personal injury attorney before these cases, because there may be rare situations in which a work accident lawyer will recommend the victim not to cooperate with these investigators or others without the presence of a lawyer. In every case, even if one decides to cooperate with investigators, the victim should not sign any document without consulting a lawyer, including consenting to a polygraph test.

It is generally advised not to cooperate with the investigator, the operation of inquiry appointed by the insurance company that granted the liability insurance policy for the employers (the company should compensate the victim in respect of personal injury caused as a result of a work accident). Such an investigation can take place only in the presence of the lawyer of the victim. Investigators would rather that the attorney is not present at the investigation, and therefore the investigators usually try to convince the employee that he does not need the lawyer present. Investigators like to use hidden tapes to record the conversation with the victim and his family, and the primary objective of the investigation is to reduce the compensation as much as possible. This would force the insurance company to eventually pay the victim, and in effect the researcher may damage the case from the perspective of the victim. Therefore, if a work accident lawyer that is accompanying the victim did not tell him explicitly to cooperate with the investigator, the victim should not cooperate with him. It is important to note that there are probably cases where the accident attorney will approve the worker to cooperate with the investigator. We encourage that the victim discuss the meeting with the investigator before he actually meets with the investigator.

 Even if the victim decides to listen to the advice of the lawyer and not cooperate with the investigator, note that interrogator may use various methods to make the victim open up. The researcher will not present himself with threatening words such as "investigator." He prefers to introduce himself to the victim and his family using less harsh expressions such as, "soft," "I'm from insurance," "I am handling the case for the insurance company," or "I am the representative from the insurance company." After the researcher introduces himself and receives signals indicating unwillingness from the victim and his family to cooperate, he usually will not give up and may use different tactics such as: "You cannot refuse to cooperate," "I just want to give you between NIS 300,000 and NIS 500,000, but I cannot do this if you do not cooperate." "If you do not cooperate I will have to call the police and you might be arrested." "If you do not cooperate the insurance company will be angry, and they will put your file on hold and it will not be completed before 2021." The judge in court knows if you participate, and it will help your credibility.

  Of course, an experienced interrogator has additional methods, many which are varied when talking to the victims and their families, so the victim should not try to outsmart the investigator, and try to show that they are cleverer than the investigator, or give partial information. The victim has to adhere to the directive given by the attorney, which is usually a lack of cooperation with the investigator unless the attorney is present.

 If, however, the investigator was able to persuade the car accident victim to cooperate, and the victim brought him to his house to "chat," after the investigator leaves the house you should immediately after the investigator left the house, write down all the questions that the researcher asked, and all the answers he answered. This record is important in order to help the attorney to negotiate later on. It is preferable that the personal injury attorney knows exactly what was recorded in conversation with the investigator (Remember! Any conversations with the investigator should be recorded with a covert device, so that the insurance company will not be at an advantage over the victim's lawyer when negotiating).

Notably, the researcher will investigate the victim in several stages during the hearing of the car accident case. The main goal of the first interrogation is to clarify the circumstances of the accident and the primary and direct damages caused to the victim. Later, having already established disability, the insurance company  sends the investigator further, and he follows the victim, secretly recording and photographing the victim's ability to perform various operations such as carrying baskets from the market, replacing the wheel of a car, working out at the gym, climbing ladders, flexibility, etc….

If the investigator is shadowing the victim, there is no need to escape it. On the contrary, fell victim in part of the privilege. In this case the victim should continue to be natural and to expect that if he acts naturally and does not perform activities that require physical a lot of exertion, it is expected that the very day exceptions occur, the investigator might force or try to lure him to irregularities. Here are examples from the field that indicate creative insurance company investigators in Israel:

Moses was severely injured in his car accident. The court expert ruled that Moses remained permanently disabled at a rate of 30%. Moses had difficulty performing various physical works. The insurance company was willing to show in court that Moses able to make the most of daily physical activities, such as changing a tire.

An insurance company investigator made sure that there would be a surprise of a flat tire on Moses' car. That day Moses is very late for work, and he decided to try replacing the tire. Despite suffering from severe pain, he replaces the wheel of the car by himself. This process was documented on video by the investigator without the Moses' knowledge. The court did not accept our claim that changing the wheel was accompanied by intense pain, and that it was a one time event that Moses will not repeat. The court ruled that Moses could do a variety of daily activities, including replacing the wheels on his car. Of course, this decision meant that ultimately the financial compensation Moses received was significantly lower than what he would have received if it had not been for the investigator's video.

Simon was an accident similar to accident of Moses, but instead, he was not tempted to risk his health (and the legal case) by changing the wheel himself. He called a mechanic to replace the wheel on the car. Meanwhile, Simon went to work by taxi. The insurance company did not give up and a few days later, they put a car in the garage next to Simon's. which also had a flat tire. Oddly enough, the vehicle's owner (who worked in the interrogation course) was a pretty young woman. With her sultry voice she asked Simon to help her to change the wheel of her car. At this point, Simon was tempted. Bracing himself under excruciating pain, he replaced the wheel of the car for the young woman. As in the case of Moses, this event did not help Simon's claims that the action was accompanied by pain and suffering. The Court assumed that Simon was able to perform similar operations without a problem. This event caused significant damage to Simon's lawsuit.

 In conclusion, we should try as much as possible to avoid giving unnecessary information to investigators who are hired by the insurance company that insured the vehicle. Always remember that the investigators are usually more skilled than families of the victims, and sometimes they extract unnecessary information from the road accident victims and even take actions later that are harmful to the lawsuit. Therefore, always consult with an attorney who has experience with accident investigators, and try not to deviate from his or her instructions.

If the issue of car accidents interests you, read the following article, click here:

 What to do after a car accident

 How to choose a lawyer accidents

 Insurance investigators

 Medical disability and functional disability

 Normal accident

  Accident on his way to work

  Accident on his way home from work

  Hit and run

  Replacing a car accident lawyer

  What is a car accident

  Compulsory insurance

  Down payment on a car accident

  The accident Pedestrian

  Train accident

  Children's accident

  Truck Accident

  Scooter accident

  Motorcycle accident

  Bus accident

  Road accident with fatalities

  Accident pension losses

Our firm is a Law Office of traffic accidents, we will be happy to provide you with an attorney to advise you on traffic accidents. An initial consultation is free of charge and without any obligation.

Call now and set a free consultation with no obligation

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Mandatory motorcycle insurance deductible in Israel

Replacing a car accident lawyer in Israel

Considerations when replacing a car accident lawyer in Israel

How to choose a new lawyer in Israel:

Many potential customers are turning to our office to replace the attorney who handled the case the accident first. We believe that replacement of the lawyer handling the case can be stressful, so think before you act. It is very worthwhile to put more time and thought into selecting the first lawyer that is supposed to handle the accident, and proper research will prevent future need to replace the lawyer. For this purpose you should read the article: How to choose a lawyer for accidents, posted on this site. Click: How to choose a lawyer for accidents in Israel.

This article is also very essential for those who checked and tested that should not mistake twice. If you need a replacement accident lawyer you may want to study the subject of choosing the lawyer for a second time in order not to have to search for a   traffic accidents lawyer for the third time.

If in spite of all your fieldwork in choosing a lawyer you still require a replacement, consider whether, despite all the opinions, you really need a replacement lawyer.

Considerations for replacement accident lawyers in Israel:

If the question arises as to whether to replace your car accident lawyer then, you should replace it for the right reasons, not emotional reasons.

The following are reasons why you should not replace your Israeli accident lawyer:

-The lawyer does not answer my calls and is avoiding me

-The lawyer called me back only after a few days

-Lawyer is impatient and constantly tells me the matter is being dealt with

Over a year has passed since the accident and nothing has happened regarding the case

-The lawyer does not give me anything and I have to constantly call the office and ask what is happening with the case

-The lawyer does not send me a copy of every letter obtained

-The lawyer does not really explain what happens in the case

-I have a friend that was in a car accident and his lawyer recently closed his accident case

-Lawyer is not willing to pay for expenses such as court fees, payment and other specialists

I should mention that all these complaints are usually not reasons to change law firms for an accident. And in such cases we recommend that public prosecutors consider changing the decision to replace the lawyer. I'm not saying it is right that a lawyer did not return phone calls or did not explain what happened in the case, but it just shows the disposition of the lawyer. Perhaps that the lawyer is an expert in traffic accidents and the case goes perfectly. For the next case you may want to consider if you would hire the same lawyer again, but these are not reasons to replace him. Also the subject of time is not the same in all cases. There are cases that can finish in a few months, and cases that require a long time to exhaust the rights of the victim, and can take years. Some lawyers will accept any proposal you receive from the insurance company, and there are lawyers who are not willing to accept any offer, and they prefer to fight for improvement. Improvement proposals generally require more time. I recommend that in cases where it is unclear to accident victims what is happening with the case, you should ask for a personal meeting with the lawyer in his office, then you can ask calmly how the case is advancing. You can also request meeting to make copies of important documents. Most attorneys will not object to this. .

Here are good reasons for replacing car accident lawyer in Israel:

-The lawyer did not offer a basic outline as to how to act, what to tell doctors, and what to do at work.

- The lawyer is consistently not familiar with what happens in the case

- It turns out that the lawyer has no experience with road accidents and gives incorrect tips that cause damage.

- The lawyer does not understand issues related to the road accident such as Social Security, the Ministry of Health, etc.

- Lawyer forgot several times to appear in court

- The lawyer did not intend to tell me to collect medical information and receipts for expenses, and I did not do it.

- Attorney will not file claims in court; he says he is willing only to negotiate without a trial

- Lawyer is not willing to meet with me now or in a month. He said he has no time to meet with clients.

If after much consideration, as explained below, the victim decides to leave the previous lawyer and transfer the case to a new lawyer, it is important to try to make the transition peacefully.

There are also a number of other considerations that must be taken into consideration when deciding to transfer the case to a new law firm. This includes issues such as the economic viability of the transmission of the case. If it is a small case without a disability, you should not normally transfer the case to a different lawyer.

The phase which the case is in - if the case is already in advanced stages as evident in the court stage or summations phase, there is usually no point in replacing a lawyer at this time. However, if the case is in the early stages, then there may be a point to replacing lawyer (again assuming previous lawyer really did not do his job properly).

 :Fees paid to a lawyer before

In most cases at the beginning of each meeting between a car accident attorney and the victim, a retainer agreement was signed between the parties. The retainer lists all the liabilities of the plaintiff in the accident to the lawyer. The agreement is a binding document, and it is important to honor it. When one of the parties decides to terminate the agreement, the document signed by both parties should outline the methods of separation between the parties.

The central issue in the agreement is retainer fees of the lawyer and methods of payment. In most cases when it comes to car accidents, attorney's fees are determined as a percentage of the amount received at the end of the case:

If the case was settled without filing a lawsuit: 8% + VAT

If the case was settled but after filing a lawsuit in court: 11% + VAT

In any other case where the file ends after filing a lawsuit in court: 13% + VAT

However, in cases where the agreement ends between attorney and client before the case is over and before the compensation is received from the insurance company, the client usually has to ensure the attorney's fee from wherever they are in the stage of the case. If there was an agreement specifically regarding what the attorney's fee in the event of cessation of business, the practice is that the new lawyer gives written liability to the previous lawyer, which he undertakes when the case is concluded, to provide him with the fees as follows:

-If a claim has not yet been submitted to the court, the lawyer gets 33% of the fee

-If a traffic accident case filed with a court, the lawyer gets 50% of the fee

-If it is a case in which a car accident victim filed a claim in court, and the evidence phase has already begun, 66% of the fee.

Of course you can try to reach other agreements with the lawyer receiving such an amount regardless, of the amount which will end the legal process. This global amount takes into account the hours spent by the lawyer, and the risks and rewards regarding the management of the portfolio. In most cases, replaced lawyers refuse the global amount and they prefer to wait and get paid according to percentages specified above. Your best bet is to first try to reach an agreement with the lawyer on the global sum.

In cases of disagreement between the parties, mainly when the gaps are too large, you should contact the arbitration agreement Bar Association. Other details organized by the Bar Association regarding matters of fees often are quick and fair for both sides. An attorney who refuses to go to arbitration on the matter of the Israeli Bar Association fee "does not look good in court," so that almost all lawyers agree that the Arbitration Bar Association fees are the fees they deserve for the handling of a road accident.  

It is important to note that since every case of termination with the traffic accident law firm and other law firm specializing in road accidents, the customer is required to pay fees for the two attorneys replaced and the lawyer replacement, and sometimes he pays the two lawyers nearly double the fee that he pays the plaintiff lawyer without replacements. It may be a situation in which the customer ultimately pays fees much higher than initially planned, so as noted above. Think before you act - maybe it is not a good idea to replace your attorney.  

Although you can contact a new attorney before any agreement was reached with the first attorney, you should not advance the case before setting the issue of fees first with the original attorney. I should note that most premium accidents lawyers will not give the client a problem with addressing the fees of the previous lawyer, and this it good. Only some second and third-rate lawyers may be tempted to continue the case without addressing the issue of fees for the attorney being replaces. This approach usually causes damage to the case. The replaced attorney will file a suit in court against the plaintiff, and probably as a result the continued management and progress of the road accident case will be delayed. Eventually the previous lawyer receives the fee, but with great effort and damage to the case.

In summary, before deciding to leave the lawyer handling your traffic accident case, take into account all the important considerations. Should you replace the lawyer? Will the new Israeli personal injury law firm really do any better? What additional fees will I be required to pay? At what point are we in the case? How big is the case? Etc…

For more information about selecting a lawyer accidents click here: How do I choose a lawyer accidents