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A hard blow on the wing: "Knocked and run away", the despicable phenomenon of Israeli drivers

Did you arrive at the car and find that you knocked it out without leaving a note?

You are completely not alone.

This phenomenon can cost you money and heartache.

And what can you do if you have discovered the offender's details anyway?

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• accident

David Rosenthal

Sunday, 07 March 2021, 00:06

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Thursday two weeks ago in the industrial area of ​​Rishon Lezion.

A guy parks the vehicle and on his return discovers that an unknown driver hit his vehicle on his left side and caused the door to be slammed but fled the scene without leaving his details.

Luckily, if it can be defined as such, the owner of the nearby store captured the event on cameras and left a note on the car window.

On the face of it, this is a good citizenship but after a few seconds the smile smeared on the car owner's face was replaced by a spasm.

"The brat from the store told me that God loves me because the camera caught a stamp on the incident, including the vehicle's license number and that for a thousand shekels, he would give me the video. At first I thought he was kidding, so I told him, leave bro, take two thousand but he insisted that a thousand Decent price. I smiled, because I was sure he was stretching me, but no, the guy is completely serious. So I dropped the token that stung me twice. Always say we're with the book and with a charm, so no book, no charm, shit. People of shit. Free eaters ".

Although Avner's case is unusual because most often, as the incident of hit and run was recorded on camera, the vehicle owner receives the video without conditional payment, but what is very common and certainly raises questions about the term 'with virtue', is the frequency of hit and run accidents in Israel.

This does not refer to cases in which a driver escapes from an arena where he hit a pedestrian, but to the phenomenon of 'fucked up and run away', in which the driver negligently hits another vehicle, usually when he is in a parking lot and leaves the scene without leaving details.

And the price is surprising

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To the full article

Did you come to the car and find it like this without leaving any details?

Zabasham (Photo: ShutterStock)

How common is the phenomenon?

A sample survey conducted by the Association of Vehicle Appraisers among 516 damage cases shows that in 12.6% of referrals to garages and / or insurance companies for the purpose of repairing tin and insurance damages, the incident is classified as a hit-and-run accident.

The economic significance of such an event is weighty for the owner of the damaged vehicle.

Although if the vehicle is insured, it is entitled to activate the comprehensive policy, but this is of course subject to the payment of a deductible - an action that will lead to a future increase in the price of the policy.

In many cases the amount of damage caused by the accident does not reach the minimum specified in the policy and therefore the vehicle owner is required to finance out of his own pocket the full cost of the repair.

One way or another, these are damages, many of which easily cross the NIS 1,000 threshold.

"Yes, this is a large-scale phenomenon that contradicts the basic duty of fairness and is a profound moral failure that indicates the mood of the Israeli public," says Adv. Assaf Warsaw, co-chair of the Torts Committee at the Bar Association, "beyond the sin between a man and his friend, this It is also prohibited by law. Section 2 of the Traffic Regulations stipulates that the driver of the vehicle must notify the police station nearest to the scene of the accident or injury within 24 hours of the accident and state his name and address, unless he provided the details to the occasional police officer. In fact, the section is included in the framework of Regulation 145 which stipulates that if the other damaged vehicle stands unattended, or the owner of the property or his supervisor was not present, the driver of the vehicle involved in the accident or injury will leave a written notice on the damaged vehicle. ".

Not only stands in contradiction to the basic duty of fairness, but also criminality in its name.

Adv. Assaf Warsaw (Photo: Yachz)

Admittedly, escaping from the scene without leaving details constitutes a violation of a statutory duty, but in quite a few cases, even if the police captured a video documenting the moment of occurrence, in which identifying details of the offender appear, the case will be closed out of lack of public interest.

"The reality is that the prosecution process with the offenders is far from discouraging, since the likelihood of an indictment being filed in such a case is very low," explains Warsaw. "It can be assumed that this is a priority of tasks, since this is a total damage to property. This further deepens the public's distrust of law enforcement. "

The fact that the police do not regularly act to bring the perpetrators to justice does not prevent a damaged vehicle owner who holds the details of the perpetrator from filing a tort claim against him.

What is the likelihood that it will end in a decision to compel the defendant to pay compensation?

It already depends on the quality of evidence in the case, clarifies Warsaw.

In the case of an accident that was photographed, the case will end in the winner and the offender's obligation to pay the amount of the damage caused, plus losses.

How much money will he get?

If a claim has been filed for the policy, the claim will include the amount of the deductible, the loss assuming the absence of claims and additional expenses incurred due to the event.

To the extent that the vehicle owner has repaired the full damage at his expense, the claim will include this amount plus various losses.

And what if a note written by an eyewitness present at the scene was left on the windshield? In such a case, it is better to apply to the court in time to testify since the evidentiary weight given only to present the note is weak compared to lifting the burden of proof during his interrogation at the witness stand. "One of the common defense claims of drivers who hit and ran is that the witness who recorded their details erred in the license number and they were not present at the time of the accident. Indeed, there is some logic to such a claim as it is quite likely that in light of the fast-paced situation." Legitimate defense, but in order to substantiate it, the court expects the defendant to bring conclusive evidence that he was elsewhere at the time of the accident, including those that rule out the possibility that the vehicle was used by a family member, "explains Warsaw Attorney. The court will be impressed that it takes into account that, contrary to the built-in interest that the offender must evade payment, the witness is perceived as a neutral factor who is not covered by interests. "

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