Our association is like this, but car accidents have a much wider range (Photo: ShutterStock)
The first thought, the immediate association that arises among the public in Israel to the term car accident, is an accidental event caused while one of the vehicles involved was in motion.
This is not an assumption, but a factual reality - from a recent survey conducted by the Tort Forum among 389 drivers, it appears that 89% of them believe that the movement of the vehicles is required, in order for this to constitute a traffic accident and pave the way for the victim to receive financial compensation from the car insurance company in the mandatory policy.
But this widespread assumption, which contradicts the way the court perceives the term car accident, is the reason that results in a huge annual financial loss.
It is estimated that there are hundreds of policyholders who are injured every year in various circumstances while using the vehicle, and never imagine that this is an event that entitles them to receive compensation, sometimes in the amount of hundreds of thousands of shekels or even more.
The insurance company will not extend its hand on its own initiative, and in many cases, even the insurance agents, are not familiar with the intricacies of the law and rulings.
The court ruled: not a "loading-unloading" event, but a car accident for all intents and purposes (Photo: ShutterStock)
Examples?
Not missing.
For example, in the case of Yosef - a truck driver who was injured about eight years ago in a car accident as part of his work as a truck driver, which was insured by the 'Menora' company.
One day, while driving the truck, he noticed in the left side mirror of the vehicle that the rope with which he tied the empty cartons was loose and waving in the wind.
In fact, the stack of empty cartons that were loaded tilted to the right and caused the right side of the truck to protrude to the right out of the line of the truck, blocking the field of view in the side mirror.
Because of this, he stopped on the side of the road and in order to re-tie the cardboard surface.
He climbed into the box of the truck, rearranged the cardboard pallet, held the rope to tie the pallet and while exerting force on the tying, the rope came loose - he flew, fell from the truck to the side of the road and was badly injured.
At first, in light of the unusual circumstances of the accident, he believed that he was not entitled to receive compensation, however, in a conversation with attorney Tali Tromp Shohami - an expert in tort and insurance law, he was told, to his complete surprise, that the circumstances of the incident required "remedial treatment" or "repair Road", that is, one of the ways of "use" in the basic definition of "traffic accident". In light of this, a lawsuit was filed with the Haifa Magistrate's Court, however the truck's insurer claimed that it was a loading or unloading incident, which was excluded from the definition of "use of motor vehicles Finally, under these circumstances, the judge determined that it was a "traffic accident, and the defendant must compensate the plaintiff for his damages." Attorney
Shohami points out that there are various circumstances of an accident, which apparently do not entitle the insured to receive compensation, but over the years the courts They determined that they constitute a traffic accident and therefore - the victim is entitled to compensation.
At our request, she answers two frequently asked questions on the subject.
More in Walla!
The intriguing process of recycling metal packaging
In cooperation with the Tamir Recycling Corporation
Attorney Tali Tromp Shohami (Photo: Yehats)
Does damage caused while getting in and out of the vehicle constitute a car accident?
"Yes. The language of the Palestinian Authority Law states that a traffic accident is defined as an event in which a person suffers bodily harm due to the use of a motor vehicle for transportation purposes.
The law further defines that using a motor vehicle 'is driving a vehicle, getting into it or getting off it, parking it, pushing it or towing it, roadside maintenance or roadside repair of the vehicle, which is done by the user of it or by another person outside the scope of his work, including the deterioration or overturning of The vehicle or the detachment or falling of a part of the vehicle or its cargo while driving, as well as the aforementioned detachment or falling from a standing or parked vehicle, other than while a person is handling the vehicle as part of his work and with the exception of loading or unloading cargo, while the vehicle is stationary.
Accordingly, the definition also includes other uses that are carried out, even if the vehicle is in a static state.
At the same time, in order for an accident while entering or exiting the vehicle to be considered a traffic accident, it must be proven that the entry and exit were related to the traffic use of the vehicle,
What about an injury during a tire change?
"Over the years, the court established a number of tests that must be applied in order to determine whether the incident constitutes a traffic accident. First, it must be ascertained whether it is a repair or treatment that took place from the moment of getting into the car for the purpose of the trip until getting out of it at the end. For example, a 'home repair' done in the premises of the house or in a garage - does not constitute a roadside repair. In fact, the court ruled that the incident will be recognized as a traffic accident, if and to the extent that a repair is required due to a malfunction that occurred suddenly and unexpectedly, and therefore requires the driver to repair it immediately in order to be able to continue his journey. In addition, the insured must prove that The wheel change was carried out close to or during the trip, in order for it to constitute road maintenance. In addition, it was determined that the fault should be characterized as one that does not require the care of a professional, including: changing a wheel, filling with water or oil. In addition, the court determined that the repair should be carried out in the vehicle itself or one of its components".
Of money
Insurance
Tags
Insurance
car accidents
