What is a car accident in Israel
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גרסת הדפסה
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שלח לחבר
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.
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