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Following the accident in Italy: What insurance is important for you to have?
The horrific accident in Italy, in which 5 Israelis from one family were killed, raises questions about the need for accident insurance on vacation - is it worth doing, what compensation is due to the injured and is there special insurance for traveling by cable car?
Responses are important before you storm Europe this summer
Tags
Accidents
funicular
Italy
Holiday
Adv. Dotan Lindenberg
Tuesday, 25 May 2021, 10:13 Updated: 10:38
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In the video: Italian police at the scene of the cable car crash in the Alps (Photo: Italian police and Reuters)
We were all shocked by the terrible cable car accident in Italy, when members of an Israeli family found their tragic deaths.
Even if the vacations that ended so horribly are rare, accidents that cause bodily harm occur due to the negligence of the local party or the negligence of an Israeli company that organizes a trip abroad, or sometimes due to challenging sports activities or due to a car accident or a sailing accident abroad.
It is important to understand in these cases when you will be entitled to compensation as a victim, whether due to bodily injuries or whether for the cost of the treatments, how this happens and who to sue.
To this end, we asked Attorney Dotan Lindenberg to tell us exactly what you should do in the case, God forbid, where you are involved in an accident during your vacation abroad, and what important insurance you will have.
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The scene of a cable car accident in northern Italy, in which 5 Israelis died this week (Photo: Reuters)
Types of insurance for vacations and travel
Insurance policies vary between companies. Most offer multiple routes, and in some cases perform preliminary tests about a medical condition. Overseas travel insurance is one of the most popular and common, mainly due to the awareness on the part of Israelis and its accessibility, when it can be purchased at the click of a button. Moreover, according to data from the Ministry of Finance - 91 percent The figure is definitely encouraging). It should be emphasized that these are expansionary policies that may sometimes benefit the victims and their families not only for medical care and future damages, but also for consequences such as flight changes, unplanned stays abroad, hospitalization in hospitals and more.
Among the known extensions is the well-known addition of "extreme sports", which means insurance coverage also for accidents and bodily injuries as a result of sports activities and various attractions.
This insurance usually applies alongside life insurance and personal accident insurance, which apply in cases of accidents during vacations and trips in the country as well.
In addition, there is personal accident insurance for students studying in Israel in an educational setting from the age of 3 until the end of high school and sometimes beyond, which covers bodily injuries as a result of accidents even when they occurred while they were abroad.
Among the extensions known in insurance, the addition of "extreme sports" is especially well known (Photo: ShutterStock, Shutterstock)
The responsibility of the tour companies
If the trip in Israel or abroad was organized and / or planned by an Israeli company, it may be possible to file a lawsuit against it. Israel, may be grounds for filing a claim for compensation. responsibility to examine under sections 35 and 36 of the Torts Ordinance (negligence) and examine the duty of care of the company facing travelers who rely on the experience and expertise.
clauses in the contract of the trip that "discharge" supposedly the company that organizes responsibility, On the other hand, the organizing company is not liable for any damage, unless it is legally proven that it did not take the degree of care expected of it as a "reasonable tour operator". It is also important to know that the company is obligated to choose the services carefully. And the means required for the trip to take place.
Does the trip suit the age of the travelers?
Organized trip for adults (Photo: ShutterStock)
A lawsuit against foreign entities
In the present case in the Alps, the cause of the obvious and outrageous negligence that caused the serious accident will be examined under foreign law, Italian law.
The Supreme Court of Israel has ruled that in most cases the foreign law of the country in which the accident occurred will apply, including in rare cases of an accident abroad in which both parties are Israelis.
However, the rare cases in which Israeli law will apply are those cases in which the two parties - the plaintiff and the defendant, are Israelis and there is no connection between the place where the accident occurred and the claim itself.
Filing a lawsuit against the negligent body abroad is a possible but complex option. For example, a lawsuit against a hotel following a failure to step up, against a car insurance company in a foreign country due to an accident or against a foreign tourism company negligent in causing bodily harm on the trip. Is there a difference in filing an accident claim on vacation in Israel or abroad?
Definitely exists.
A lawsuit in a foreign country is not a trivial matter, it must be filed in accordance with the local law that exists in the same place, which is not identical to Israeli law.
To do so, the victim will likely be required to manage the case with the help of local attorneys and sometimes by "remote control."
In the disaster in Italy, the clear and outrageous cause of negligence that caused the accident will be examined according to foreign law (Photo: Reuters)
Documents and bureaucracy
As with any insurance claim, it is advisable to know how to proceed wisely. The event must be documented in the most extensive way (photos, eyewitnesses, details, etc.) and every document, invoice, receipt, etc. must be kept. It is advisable not to delay medical examinations, as apart from necessary medical treatment, this helps in rejecting claims that there is no connection between the damage and the accident.
It is also important to follow the reporter in reports on medical matters and law enforcement, to make sure they are accurate in details. If the insurance is not yet ready to be paid in accordance with the policy, he must specify the reason in a rejection letter.
So accidents on vacations can occur in different ways.
Road accidents, sports activities, walking on the street, marine accident, damage due to skidding to a horrific cable car accident.
The damage can be particularly mild to tragic, as we have come to know.
Whether there is a travel insurance policy, whether a claim is filed against the organizing party or both, it is important to understand all the options available to us.
Adv. Dotan Lindenberg handles personal injury claims and serves as co-chair of the Southern District Medical Malpractice Committee of the Bar Association.
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