Bodily Damage and Traffic-Related Injuries in Israel

Have you suffered bodily damage in Israel because of someone’s careless behavior and negligence? Or have you been injured in an auto accident in Israel and are not sure how to receive compensation? The sphere of civil law called tort law (dinei nezikin in Hebrew) provides legal and judicial remedies for losses caused by bodily harm. 

As a personal injury lawyer in Israel, I wrote the following article to provide you with answers to basic questions such as: 

• “What is a bodily injury in Israeli law?”
• “Does bodily injury include death?” 
• “Does Israeli law distinguish between injuries caused by car accidents and other injuries?”
• “What is my insurance coverage for physical injuries?”
• “How can I receive compensation for bodily damage in Israel?”

Contact our law firm if you require more specific advice from a personal injury lawyer in Israel. We have law offices in Tel-Aviv as well as in Jerusalem. Email us at office@lawoffice.org.il or call 03-3724722. 

What is a bodily injury according to Israeli law?

The term “bodily damage” is defined very broadly in Israel. In addition to physical injuries and illnesses, it also refers to psychological impairments caused by an injury. It even includes damage caused to any medically essential wearable device, such as a pacemaker or a hearing aid. 

Israeli tort law distinguishes between a physical injury caused by an auto accident and bodily damage caused by other circumstances. Car accident injuries are addressed by using a no-fault system that ensures that any person injured in an auto accident is entitled to compensation, regardless of who was at fault. All other bodily injuries that occur because of negligence require filing a civil lawsuit against the wrongdoer. The following article will briefly explain both types of damage claims. 

Does bodily injury include death?

In Israel, the legal term bodily damage refers to harm caused by a physical injury, including death. The dependents or the heirs of a deceased victim can file a compensation claim for the damage. Compensation encompasses medical expenses, financial losses due to the years of lost income resulting from the death, funeral costs, and the family’s pain and suffering.

Bodily injury liability in Israel

Bodily injury liability is treated differently depending on whether or not the injury is due to a vehicular accident. In the case of a car accident, the liability of compensation is on the offender whose misbehavior caused the accident. In Israel, it is legally compulsory for the owner of any motor vehicle to purchase auto insurance. 

Per the Israel Road Accident Victims Compensation Law 1975, the offender’s insurance company should pay your medical bills and compensate you for your lost wages resulting from a car accident. All the drivers, passengers, and pedestrians involved in the accident are entitled to compensation. Even if you caused the accident, your auto insurance company must still compensate you for your physical injuries. However, you would not receive compensation if you were uninsured, were driving without a valid license for that type of vehicle, or if you caused the crash deliberately.

The law imposes coverage limits on the compensation given. For instance, the damages for lost earnings are capped at three times the average wage in Israel – even if the injured person has a larger salary. 

Car insurance coverage

Note that there are three different categories of car insurance in Israel. “Compulsory insurance” (bituach chova) covers only bodily damage and not property damages. “Third-party insurance” covers property damage caused to another person’s vehicle. Whereas “comprehensive insurance” covers all vehicular property damage, including damage to your vehicle. The insurance policy may or may not include roadside assistance and towing services. When considering an insurance quote, make sure that it provides you with the type of coverage you need.   

How to file a bodily injury claim in Israel after a hit-and-run

In the case of a hit-and-run, you can still claim damages for your injury. The State of Israel has established a special public compensation fund from which you can claim damages named Karnit – Road Accident Victims Compensation Fund. Additionally, the Karnit fund is responsible for compensating the victims if the offending driver was illegally driving without car insurance.

Suing in Israel over a non-traffic related injury

Liability claims that do not involve a vehicular accident are part of tort law. Negligence is the most common tort addressed by civil lawsuits. Negligence is defined primarily by the Civil Wrongs Ordinance that predates the State of Israel.

Negligence claims are concerned with any harm caused by the carelessness of others. For example, medical malpractice and employers’ liability for bodily damage suffered by an employee while at work are instances of negligence. If you had a work accident and your employer did not provide you with adequate safety precautions and training, their behavior is considered negligent. Therefore, you could file a negligence lawsuit against your employer and claim damages. 

In practice, companies usually purchase insurance for this purpose. Therefore, you would file the claim against your employer’s insurance company in Israel. If your lawsuit is successful, then the insurance company must cover the costs of your medical payments, legal fees, and more.

Insurance coverage for other physical injuries

If you had an accident that is not traffic-related and no one else is responsible, then you cannot file a claim. However, if you are an Israeli citizen, you are entitled to compensation from the National Insurance (Bituah Leumi). Additionally, you might consider purchasing personal injury insurance from a private insurance company for such cases.

Contact a personal injury attorney

If you found this article helpful, then you may also want to read the following: Israeli Traffic Court Lawyer, Advice from a Negligence Lawyer in Israel, and Filing a Negligence Lawsuit in Israel. Contact us if you are looking for a personal injury lawyer in Israel. We have law offices both in Jerusalem and in Tel-Aviv.

 :  :

03-3724722

055-9781688

office@lawoffice.org.il