Car accidents – not (just) what you think<\/strong><\/h4>\nWhen we think of traffic accidents, in most cases scenarios of a collision between vehicles or unfortunate cases of pedestrians being run over come to mind. But in practice, the term \u201ccar accident\u201d includes a much wider variety of situations. Our office deals extensively with the representation of victims of car accidents<\/a>, as well as with tort claims<\/a>. Alongside \u201cordinary\u201d traffic accident cases, such as the ones we mentioned above, we often come across extreme cases as part of our work, where it is not always clear whether a particular incident constitutes a traffic accident that entitles those injured \u00a0to any financial compensation. There is quite a bit of uncertainty on the subject due to the fact that the law in Israel<\/a> defines road accidents<\/a> quite extensively. Under the definition of the law, cases of damage to a vehicle parked in a prohibited place, or cases in which an essential component of a motor vehicle caused an explosion or fire, or cases in which physical harm was caused due to the utilization of the vehicle\u2019s mechanical power may also be considered traffic accidents.<\/p>\n![\"Stationary](\"https:\/\/lawfirmbackup_200125.k1uagm.ap-southeast-2.wpstaqhosting.com\/wp-content\/uploads\/2021\/09\/snip3-300x300.png\")
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It is not always easy to \u201ctranslate\u201d the definition of the law into reality and to determine whether a certain situation constitutes a traffic accident. Accordingly, to understand whether or not a certain event can be classified as a traffic accident, it is recommended to consult a lawyer who specializes in traffic law and tort law, as soon as possible after the accident. Below are several examples of cases in which an accident that did not occur while driving was recognized as a traffic accident. These examples illustrate how broad the definition of an accident may be, and how the classification of an event as an accident depends on the circumstances of each and every case.<\/p>\n
Injury while entering or exiting a vehicle<\/strong><\/h4>\nCan physical injury that occurred while entering or exiting a vehicle be considered a car accident? Yes, that is absolutely possible. However, this is subject to legal tests established over the years by the courts while interpreting the Road Accident Victims Compensation Law<\/a> in the situations brought before them as part of road accident claims. A recent example is found in a judgment of the Rishon LeZion Magistrate Court<\/a> from 2018 (case no. 12095-10-15).<\/p>\nIn this ruling, an elderly woman was traveling in a vehicle, which stopped near the intersection to let her out. When the passenger opened the car door and got out, she fell and injured her leg. The passenger sued the car insurance company, which claimed in its defense that the car was not moving, and that there is no actual connection between the passenger getting out of the car and her fall. The court found, based on the evidence it heard, that this incident constitutes a car accident, which entitles the passenger to damages from the insurance company, in the amount of ILS 100,000. For more information about the laws and the case law on accidents while getting into or out of a vehicle, see an article published on our website<\/a> on the subject.<\/p>\nInjury from the hood or the vehicle doors<\/strong><\/h4>\nCan physical injury that occurred when opening or closing the hood or the trunk (for example, for the purpose of placing bags with groceries) or from one of the passenger doors, be recognized as a car accident? The answer to this question is more complex, since the court\u2019s approach in recent years has narrowed the range of cases that are considered a car accident in these situations. This follows a ruling of the Supreme Court<\/a> from 2019 (case no. 8744\/18). The ruling dealt with a man who drove his car to the airport. After parking his car, he opened the back seat door, took out the suitcase he was supposed to fly with and hit his hand while closing the door, unfortunately severing part of his finger.<\/p>\nThe court held that in such cases it is necessary to examine what is considered part of the \u201cvehicle use area.\u201d The use of the vehicle begins with entering the vehicle (which includes physical contact between the person entering and the vehicle) and ends after the person is in a stable position outside the vehicle. In the circumstances of the aforementioned case, the claimant injured his hand at the stage when he was already standing firmly outside the vehicle, so the stage at which the damage was incurred cannot be considered use of the vehicle that falls under the definition of a car accident. However, the court ruled that borderline situations may still arise, in which a similar situation may be classified as a traffic accident. The court gave as an example a situation of injury that occurs when personal luggage is placed in the vehicle (such as bags with groceries) while a driver is getting into his seat. This case may be considered use of a vehicle that constitutes a traffic accident, unlike a case where the driver put personal luggage in the back seat of the vehicle and was injured before he got into the driver\u2019s seat for the purpose of driving. This example illustrates that despite the difficulty in classifying cases of this type in the current legal situation, this may still be possible in some cases.<\/p>\n
Injury from a vehicle during its repair<\/strong><\/h4>\n
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It is not always easy to \u201ctranslate\u201d the definition of the law into reality and to determine whether a certain situation constitutes a traffic accident. Accordingly, to understand whether or not a certain event can be classified as a traffic accident, it is recommended to consult a lawyer who specializes in traffic law and tort law, as soon as possible after the accident. Below are several examples of cases in which an accident that did not occur while driving was recognized as a traffic accident. These examples illustrate how broad the definition of an accident may be, and how the classification of an event as an accident depends on the circumstances of each and every case.<\/p>\n
Injury while entering or exiting a vehicle<\/strong><\/h4>\nCan physical injury that occurred while entering or exiting a vehicle be considered a car accident? Yes, that is absolutely possible. However, this is subject to legal tests established over the years by the courts while interpreting the Road Accident Victims Compensation Law<\/a> in the situations brought before them as part of road accident claims. A recent example is found in a judgment of the Rishon LeZion Magistrate Court<\/a> from 2018 (case no. 12095-10-15).<\/p>\nIn this ruling, an elderly woman was traveling in a vehicle, which stopped near the intersection to let her out. When the passenger opened the car door and got out, she fell and injured her leg. The passenger sued the car insurance company, which claimed in its defense that the car was not moving, and that there is no actual connection between the passenger getting out of the car and her fall. The court found, based on the evidence it heard, that this incident constitutes a car accident, which entitles the passenger to damages from the insurance company, in the amount of ILS 100,000. For more information about the laws and the case law on accidents while getting into or out of a vehicle, see an article published on our website<\/a> on the subject.<\/p>\nInjury from the hood or the vehicle doors<\/strong><\/h4>\nCan physical injury that occurred when opening or closing the hood or the trunk (for example, for the purpose of placing bags with groceries) or from one of the passenger doors, be recognized as a car accident? The answer to this question is more complex, since the court\u2019s approach in recent years has narrowed the range of cases that are considered a car accident in these situations. This follows a ruling of the Supreme Court<\/a> from 2019 (case no. 8744\/18). The ruling dealt with a man who drove his car to the airport. After parking his car, he opened the back seat door, took out the suitcase he was supposed to fly with and hit his hand while closing the door, unfortunately severing part of his finger.<\/p>\nThe court held that in such cases it is necessary to examine what is considered part of the \u201cvehicle use area.\u201d The use of the vehicle begins with entering the vehicle (which includes physical contact between the person entering and the vehicle) and ends after the person is in a stable position outside the vehicle. In the circumstances of the aforementioned case, the claimant injured his hand at the stage when he was already standing firmly outside the vehicle, so the stage at which the damage was incurred cannot be considered use of the vehicle that falls under the definition of a car accident. However, the court ruled that borderline situations may still arise, in which a similar situation may be classified as a traffic accident. The court gave as an example a situation of injury that occurs when personal luggage is placed in the vehicle (such as bags with groceries) while a driver is getting into his seat. This case may be considered use of a vehicle that constitutes a traffic accident, unlike a case where the driver put personal luggage in the back seat of the vehicle and was injured before he got into the driver\u2019s seat for the purpose of driving. This example illustrates that despite the difficulty in classifying cases of this type in the current legal situation, this may still be possible in some cases.<\/p>\n
Injury from a vehicle during its repair<\/strong><\/h4>\n
In this ruling, an elderly woman was traveling in a vehicle, which stopped near the intersection to let her out. When the passenger opened the car door and got out, she fell and injured her leg. The passenger sued the car insurance company, which claimed in its defense that the car was not moving, and that there is no actual connection between the passenger getting out of the car and her fall. The court found, based on the evidence it heard, that this incident constitutes a car accident, which entitles the passenger to damages from the insurance company, in the amount of ILS 100,000. For more information about the laws and the case law on accidents while getting into or out of a vehicle, see an article published on our website<\/a> on the subject.<\/p>\n Can physical injury that occurred when opening or closing the hood or the trunk (for example, for the purpose of placing bags with groceries) or from one of the passenger doors, be recognized as a car accident? The answer to this question is more complex, since the court\u2019s approach in recent years has narrowed the range of cases that are considered a car accident in these situations. This follows a ruling of the Supreme Court<\/a> from 2019 (case no. 8744\/18). The ruling dealt with a man who drove his car to the airport. After parking his car, he opened the back seat door, took out the suitcase he was supposed to fly with and hit his hand while closing the door, unfortunately severing part of his finger.<\/p>\n The court held that in such cases it is necessary to examine what is considered part of the \u201cvehicle use area.\u201d The use of the vehicle begins with entering the vehicle (which includes physical contact between the person entering and the vehicle) and ends after the person is in a stable position outside the vehicle. In the circumstances of the aforementioned case, the claimant injured his hand at the stage when he was already standing firmly outside the vehicle, so the stage at which the damage was incurred cannot be considered use of the vehicle that falls under the definition of a car accident. However, the court ruled that borderline situations may still arise, in which a similar situation may be classified as a traffic accident. The court gave as an example a situation of injury that occurs when personal luggage is placed in the vehicle (such as bags with groceries) while a driver is getting into his seat. This case may be considered use of a vehicle that constitutes a traffic accident, unlike a case where the driver put personal luggage in the back seat of the vehicle and was injured before he got into the driver\u2019s seat for the purpose of driving. This example illustrates that despite the difficulty in classifying cases of this type in the current legal situation, this may still be possible in some cases.<\/p>\nInjury from the hood or the vehicle doors<\/strong><\/h4>\n
Injury from a vehicle during its repair<\/strong><\/h4>\n