Car accident - bodily and property damage - how to claim compensation?

Marce Ruth St. Rey

Party time in the heart, my beloved husband received his residence after so much time of battles and faith. Gratitude, God has blessed us with wonderful beings who have accompanied us, including a "precious angel" who touched our hearts, our excellent and fantastic lawyer: Maria Chernin Dekel, sweet and wonderful human being, who has guided us and stayed On our side. side in this intense legal transit whom we bless on every occasion. God bless you dear Maria, you have exceeded your professional duty by containing us and collaborating with us in hard times, very hard, for that we want to thank you publicly, you are unique!!!

We bless and thank the entire team at Decker Pex Tal Ofir Law Firm.

Greg Olson

We highly recommend Adv. Mike Decker and have know him for many years. He has helped our family with many battles over the years. We recently received our permanent residency after 23 years in Israel. We so much appreciate Mike’s representation of us.

Kfir Cohen

We were searching for a law firm that will be honest with us and really work hard for a satisfying result, it wasn't an easy task
We found them online; they were the only law firm from all of our searchings which were completely honest and NOT gave us just what we wanted to hear
Using them guaranteed honesty above all. A legal team that is friendly and cares for a superb result
They really care about helping their customers without any other interest
Nadia gave us service behind what we expected; she was professional which lead to fast and easy process with great result
We definitely recommend using them

Michael Soffer

I would like to recommend Attorney Yehuda Elcharar. He assisted both me and my company in a complex lawsuit. He handled negotiations that led to a favorable outcome much quicker than expected.

I am extremely pleased with choosing Attorney Elcharar. Many thanks also to the office team, Oz and Chaya, for their assistance throughout the entire process.

Thanks again ????

Dongdiet & Nellie

We are very happy with the services. Somehow they managed to translate the law lingo into language we actually understand 😉 and their outstanding YouTube videos helped us to have a better grasp of what process we had to go through. Their patience, clear explanation and experience are very valuable. It's also very nice to know that you will receive response promptly; it made us feel we can really trust their services. We recommend all those looking for immigration lawyers to get in touch.

Stuart Safft

I am delighted to report that my wife and I have just obtained our Israeli citizenship. We will be forever grateful for all of the help, guidance and support which Ariel Galili of Decker, Pex & Co. provided through this process.

I am a Jewish, 80-year-old American, and my wife is not Jewish. We had started the process on our own back in November 2020 via the Jewish Agency and Nefesh B’Nefesh, but soon became entangled in the delays and often-changing regulations due to Covid-19. The pandemic also caused delays in obtaining the required apostilles for various documents from various state agencies and the US State Department.

We found Decker, Pex & Co. On the internet and began working with Ariel in late November 2021. Ariel did a superb job of leading us through the process, helping us to understand which documents were essential, which would most likely be required, and which, though included on the list of required documents, were rarely required. He helped us several times to understand what was likely and unlikely to occur as “the next step.” Helping us manage our expectations was extremely useful to us.

Besides his knowing the laws, regulations and procedures, Ariel also made us feel that he was truly interested in helping us to successfully work through this process in as smooth, timely, and frustration-free manner as possible.

My wife and I strongly recommend anyone planning to go through this process seriously consider hiring Decker, Pex, Ofir & Co. and, specifically, Ariel Galili.

Shurouq Hajyassin

We were very satisfied with the consultation we had.
You were very straightforward with us , You tried to help us in every way you could . we really appreciate that.
And of course the fast reply we got from you on our emails and the appointment you gave us .
You deserve more than 5 stars????

Schruuf

We were very pleased and content with the services of this law firm. They supported us 100% and solved our case successfully, we couldn't be happier.

YK C

We had a pleasure of working with Irena Rosenberg who assisted in getting our two U.S. born children registered in Israel and supported visa process for my wife in 2021. During the pandemic, my wife and I decided to move to Israel where I am originally from after living in the U.S. for over 20 years, but we had no idea how to go about securing visas before and after arriving in Israel. Irena is knowledgeable, reliable and competent lawyer who always had answers to all our questions which made us feel confident that everything would be fine with her assistance. We are now happily living in Israel and are so grateful to have Irena who is a genuinely nice person as our lawyer.

Yossi Montrose

Very knowledgeable and professional

Sveta Vashkevich

We (myself and my husband) came to Mr. Joshua Pex – for his professional advice – and we received such human warmth and caring attitude, that our hearts melted …

His attention to our details and our situation peculiarities, combined with his professionalism and knowledge, helped us to map out what needs to be done on our part: we appreciate and recommend You, Mr. Joshua!

Josh W-S

The firm had a quick response to my last-minute needs, they were helpful in communicating with me in English, and they fulfilled my needs in a timely fashion.

Jacob Newberry

A really excellent firm. They knew exactly how to handle my situation effectively and efficiently, and we got the result I needed without much fuss. Adi Berger was a wonderful advocate for me and I am deeply grateful for her help!

Dumitrascu Cristina

Best lawyer house from Israel! I couldn’t dealt with my situation without their professionalism and effectiveness. Their dedication to every legal aspect and their drive it’s how a true lawyer house can be!
Working in European market and international now, I couldn’t dare to let myself wide my wings on countries unknown to me. Definitely they’ll be the lawyers representing me, my business at every international aspect and on personal development.
When you hear Decker,Pex,Ofir &Co, you hear 10+ class services, luxurious professionals, confidentiality and exclusive attention to your needs.

Andreas Kelling

We have been working with Decker, Pex & Co - Law Firm in Tel Aviv for many years very well. Because we appreciated their lawyers services, we recommended businesses and individuals again and again to go there as well.

Prima Lorenzo

I admire the Austrian citizenship team in Tel-Aviv branch! They deserve more then 5 stars!! They are very friendly and professional. I've got Austrian citizenship in 4 months for all family members which consists of 12 people! The entire team is very friendly and responsive. They are always answering questions and support during the process. I recommend to everyone. Was 100% satisfied.

Joshua Pex was both an amazing human being and an inspiring human rights attorney. I reported directly to him for various activities I performed as in intern. I was impressed with his incredibly solid character. He is trustworthy, fair, and goes above and beyond to advocate for the vulnerable. He is completely trustworthy and high caliber in his work. His partners and employees are very blessed to work with him. I am honored to know them.

Heather Lebrun

Наталья Мажуга

Great lawyers Joshua Pex and Nechama and Michael Deker who really want to help you and I have very trustful relationships with them. All my cases they took they won. Thank you and let’s keep working together

Lilian Granovsky

I can highly recommend these services!
Every time we turned to Joshua we always got a professional quick and helpful respond.

Israel iluz

We were very satisfied with the service of Nehama. She was very professional in all her dealings and kept us informed all the way.
We highly recommend this law firm. They proved to be reliable, efficient and pleasant to work with.

Michael and Ariellah Waizman

For Advocate Joshua Pex.

We were in a devastating situation when my wife received an order from the immigration office to leave Israel within 30 days, without any explanation, after we have been married and in the process for six and a half years. We heard of Advocate Pex through a friend of a friend. We contacted Mr. Pex and he was ready to help us when he heard of our situation.

The service is amazing! Always ready to assist without regard to the time it takes. The advice Mr. Pex gave us was great, such as what to do, he gave useful links, and advice about which officials to contact. The price for the service was great!

The process until we received the extension for another year for my wife was not long (3 months). Things started moving once Mr. Pex came into the picture.

We highly recommend Advocate Joshua Pex! We achieved our goal and the fear of deportation has been lifted!

Lauma Zariņa

This is definitely the best lawyer I know!!! very honest and super helpful he really helped me a lot dealing with immigration issues in Israel and it was very successful!
I highly recommend

Esty A

I had a consultation with Batya and she was very helpful. She made sure I understood all the information I needed, and was patient with me in gathering documents I needed.

Genaan Abdelall

I cannot recommend Nechama enough! Her expertise, professionalism, and dedication to her clients is unparalleled. From the moment I reached out to her, she provided clear and concise communication, and helped me navigate through a complex legal issue with ease.

Throughout the entire process, Nechama went above and beyond to ensure that I was informed and comfortable with every decision. She demonstrated a deep knowledge of the law, and was able to offer sound advice that ultimately led to a positive outcome.

What sets Nechama apart is her compassionate and empathetic approach to her clients. She truly cares about the well-being of her clients, and it shows in the way she handles every case.

If you are in need of a lawyer, I highly recommend Nechama.

Eden Weiss

Extrmely friendly, professional and helpful. A big thank you to Irina especially from the Jerusalem office. Highly Recommended.

Gáspár Erőss

If you need to solve any complicated legal issue in Israel, don't hesitate to contact them. Otherwise you will loose hours/days/weeks with things that they can solve in minutes. They helped me to obtain my expert working visa in Israel and even after that they responded further questions and gave me advices related to administrative issues in Israel which saved me a lot of time. Irena Rosenberg and Michael Decker worked on my case, they are very professional and helpful. They will not let you down, feel free to contact them.

TarcisioePotira Freitas

I really recommend the law office's services. The service is very professional and efficient, the price is right. I am satisfied with the services I needed and happy to have known them.

lynn vonne

Excellent service, very friendly and helpful, fast responding and very patient. Highly recommend. I will choose them again next time if needed.

Amir Abt

The best lawyer firm I’ve had dealt with. I would like to thank Anat Levi and Ariel Galili from the Jerusalem branch for all of their efforts and patience, we could not have been Able to reach to where we are now without them

Morgan Jones

The team at Decker, Pex & Co have been awesome to work with in helping our US company establish banking in Israel and in providing counsel for legal needs in Israel. I highly recommend!

Sergei m Vashkevich

We came to Mr. Joshua with so many questions (and most of all, with so many concerns and worries) …

When we explained our case to him, first of all, he calmed us down and helped us to see the big picture, which took away our fears;

Then he presented us with a detailed explanation and a few options to explore, and a timeline, how things work and necessary steps to undertake on our part,

We thank and highly recommend Mr. Joshua for showing us so much empathy, care and professionalism (!)

Shaltiel Devorah

Mr. Joshua Pex is knowledgeable and Professional. I really appreciate his courteous and direct approach.

David De La Rosa

Very friendly, professional, and effective, highly recommended

Halvor Ronning

Courteous, clear, efficient service.

Paul Prince

The team of lawyers and assistants are incredibly professional. Aiming to give their clients the advice possible regarding the normative and the law of Israel. With well trained and professional secretary at the front desk to the lawyers team, I could say that I had one of the most professional services possible. I'm super glad of choosing Joshua Pex of Law office for immigration solution, lawyers to advise in my case, to me, it is remarkable.

Adi Katina

Great Team. With no doubt, this office is actually thee best-leading office in Israel. Simply put, if you want your case to win, just join them, hand in your documents, and celebrate the victory.

Kindest regards,
Adi k.

Alexander P Gutterman

EU PASSPORT ! Big news! Thanks to Michael Decker and the other good people at the law office, as well as to the virtue of my ancestors, the cruelty of the Inquisition, reparations issued in the Iberian Peninsula, and etc, I am delighted to be on track for Portuguese and European Union Citizenship! A truly incredible development and one which brings me deep joy.

Matthias Oppliger

I have been receiving services from this Law Firm for several years now and I want to say THANK YOU to the team, especially Joshua Pex. They are doing outstanding work. The services I have received for both our Israeli non profit association but also our social business have helped us solve many issues at hand and provided solutions in complicated situations. Personally, I am grateful for support in visa issues as a foreigner living now in Israel for many years.

Arielle Bosch

Incredibly knowledgeable, approachable, accessible, and evident across the board that they truly care about the people they are helping. They are quick to respond, engaged, and obviously top-notch lawyers. I couldn't recommend them highly enough. Thank you, Joshua and Itamar for your help with our Joint Life Application. You were a calming energy during a storm - always breathed a sigh of relief after speaking with you. It is so difficult to get straight answers from the Misrad Hapnim, but you guys are straight shooters. I appreciate your candor and evident integrity. Hope to work with you in the future, and will send everyone I know in need of legal aid your way. Thank you for your guidance and support.

Sophie Cooperman

Oded Ger did an excellent job by reviewing a modeling contract I was offered. Explained the bad clauses in the contract, and their possible consequences. Thank you for your amazing job, your professionalism, your consultation and honesty. You showed me from your experience how it can be done differently. It was the best decision choosing you as my lawyer.

I highly recommend this firm, especially Oded Ger.

Tomer Hila Birnbach

I received a recommendation from friends about the firm, and indeed every word is correct, a service team, professional, welcoming, a fair price for the work I requested, I am satisfied

Priscilla Moses

competent consulting, fast processing, reliable, warm & good team. highly recommended

Michelle Long

Josh has been helping me on and off for a few years now. I have needed legal advice and assistance with immigration due to a complex situation of mine, and he has been extremely available and responsive, honest and clear about my route and how to proceed. Very much recommended!

In any traffic accident caused by a collision between two vehicles, or as part of a self-inflicted accident, such as a vehicle colliding with a wall or a tree or a vehicle overturning, etc., there are two types of damage: bodily damage to the driver of the vehicle and/or the passenger, as well as property damage to the vehicle itself (which is also called tin damage to the body of the vehicle). If both types of bodily and property damage are caused, is it possible to claim and receive compensation for them? If so, how do you file a law sue and under which law? We will discuss this question in this article.

It can be assumed that every citizen in Israel got involved in any kind of car accident, whether as a passenger or as a driver, and it can also be assumed that they’ll require medical treatment following that accident. The knowledge also provides that as a result of the aforementioned traffic accident, property damage (“tin” or “nezek pakh”) is caused to the vehicle involved. In such cases, it is also possible to sue for the bodily damage caused to the person involved in the accident, as well as property damage to the vehicle involved. But naturally, it should be emphasized – each type of damage has its claim path, and as a principle, you cannot claim both types of damage in the same claim and according to a single law.

In this article, a lawyer specializing in tort law and traffic law will detail the appropriate path according to the damage caused as a result of a traffic accident.

Bodily damage:

The first course of action is for the bodily damages caused to the driver/passenger as a result of the accident if any, and which can be claimed according to the Road Accident Victim Compensation Law, 1975, which was enacted specifically for this purpose. This law is intended to facilitate receiving compensation due to road accidents, should basic conditions be met, without bothering to look for those who are responsible for the accident. In other words, the question of who is to blame and responsibility for the accident does not come into consideration in the claim for compensation for bodily harm under the compensation law, but the only key question is the question of the damage.

One of the basic conditions for the applicability of the Compensation Law is the question of insurance, that is, at the time of the accident, the vehicle was insured with valid compulsory insurance, under the Motor Vehicle Insurance (Third Party Risks) Ordinance [Consolidated Version], 1970 (as stated in section 1 of the Compensation Law – the definitions section) Another condition is that the driver had a valid driver’s license at the time of the accident. These are basic conditions that constitute ratification for the applicability of the Compensation Law (with several exceptions stipulated under section 7 of the law).

Not only can bodily injuries be claimed under the law but compensation due to a car accident cannot be claimed under any other law, based on a principle called “singularity of the grounds for applicability” established in Section 8 of the Compensation Law (as long as the law is applicable).

Section 8(a) of the Law on Compensation for Traffic Accident Victims, entitled “Singularity of the Cause”, states as follows:

“Whoever is entitled to a cause of action in a traffic accident according to this law, including a claim according to insurance as stated in Section 3(a)(2) and Section 3(d) of the Insurance Ordinance, will not have a cause of action under the Torts Ordinance due to bodily injury, unless having been injured in an accident caused by another person on purpose.”

This section is intended to give the compensation Law the priority of applicability over other laws, including the Tort Ordinance (New Version), so that if a car accident occurs, the Road Accident Victims Compensation law singles out the applicability according to this law and not the Tort Ordinance or any other law, and the reason for this is clear: case management regardless of the guilty party, is much easier to be managed with a discussion about the question of responsibility, as we have already stated above. In other words, it is not possible to choose another course of action if the Compensation Law applies, so the rationale is specifically related only to it.

On the other hand, one of the basic conditions for the applicability of the Compensation Law is missing, because then the compensation law is no longer applicable, and only then can the plaintiff be awarded compensation according to another law, the main of which is the Torts Ordinance (we wrote already about this in detail in an article published on our office’s website: What is the difference between the Compensation Law for traffic accident victims and the Torts Ordinance).

Property damage:

Another type of damage that may occur as a result of a car accident is property damage to the vehicle(s) involved (Tin damage). Here, the Compensation Law does not apply, since the invalidation of the claim is based on the question of who is to blame and who is the party responsible for the accident, therefore the claim is based on the Torts Ordinance.

In this case, if the owner of the damaged vehicle believes that the other party is responsible for the accident, he can sue him and also sue the insurance company that insures the other vehicle insured with third-party insurance, if such insurance is available. One of the basic documents that the claimant must prepare is an expert opinion from a vehicle appraiser, who inspects the damaged vehicle and assesses the damages caused to that vehicle. Generally, the expert opinion consists of three types of damage, or the so-called “direct damage”, including details of the works, spare parts, and loss of value.

If the claimant of the damaged car is insured with comprehensive car insurance, then there is an option whereby the claimant can activate the comprehensive insurance by presenting a demand/lawsuit against the comprehensive insurance company and receive compensation from them, then the comprehensive insurance company can sue the other vehicle for the amounts paid by them, or which is called a subrogation claim. It should be noted that activating the comprehensive insurance and receiving compensation from them is not related to the question of who is at fault, since the vehicle is insured with such insurance. On the other hand, the subrogation claim of the comprehensive insurance company is subjected to the question of responsibility. To fully or partially recover the funds they paid or part of them, they must prove that the other vehicle is responsible for the accident and the damages caused by that vehicle.

Should you have additional questions or in case you need legal help from a tort lawyer in Israel, you are welcome to contact us and schedule an appointment at our offices in Jerusalem and Tel Aviv.