What the Claim Process Against the Insurance Company Looks Like
The stages of a claim against the insurer: notice and medical records, prompt payment within 60 days, disability assessment, settlement or court, limitation.
Many people injured in a road accident do not know what to expect from the process itself. Broadly speaking, it involves several main stages.
Notifying the Insurance Company and Medical Documentation
The first stage is to notify the relevant insurance company of the accident, and to gather and document all the medical material relating to the injury: emergency room records, treatment summaries, imaging and x-rays, and referrals for further investigation.
Prompt Payment: A Right Many People Do Not Know About
You do not have to wait until the end of the process to receive money. Section 5 of the Law requires the insurer to make a prompt payment (tashlum takuf) to the victim for medical expenses and urgent needs, within 60 days of receiving a written demand supported by documents. This is one of the most practical and useful rights available to a victim at the early stage, precisely during the period when expenses are mounting and income has stopped. That said, it is granted for exceptional cases and urgent needs.
Determining the Degree of Disability
Disability is determined by an expert appointed by the court, or by a medical committee of the National Insurance Institute (Bituach Leumi).
Settlement or Court Proceedings
A large share of claims end in a settlement with the insurance company, without full court proceedings. Where no agreement is reached, or where the company rejects the claim, the next option is to file a claim in court.
The Limitation Period
As a rule, the limitation period for a claim under the Road Accident Victims Compensation Law is seven years from the date of the accident. There is an important exception for minors: the limitation clock only starts running on their 18th birthday, so in practice they have until the age of 25. Bear in mind that other deadlines arising from the same event are far shorter, for example 12 months for an injury allowance claim to the National Insurance Institute, and five years under a private insurance policy.
When to Approach a Lawyer
There is no need to wait for an advanced stage of the process before seeking advice. Getting in touch early, close to the accident, is precisely what makes it possible to guide the collection of medical documentation from the outset, keep to the short deadlines, and avoid mistakes that are hard to put right later, such as giving statements to the insurance company without guidance.
FAQ
Formally yes, but bear in mind that the insurance company is a skilled and experienced party in handling claims of this kind, while the victim is usually dealing with it for the first time in their life, on top of coping with the injury itself. Legal representation helps make sure that the compensation offered genuinely reflects the full entitlement, and that the deduction mechanisms vis-a-vis the National Insurance Institute are handled correctly.
A first settlement offer is a starting point for negotiation and not necessarily a final offer. Before accepting or rejecting an offer, it is worth measuring it against an independent assessment of the damage and the entitlement, and not signing a settlement agreement under pressure.
It varies considerably depending on the complexity of the injury, how quickly the disability is determined and how cooperative the insurance company is. Simple cases may conclude within months, while complex cases, or those that go through full court proceedings, can take considerably longer. In the meantime, the prompt payment mechanism exists precisely so that you are not left without financial support during that period.
If you are dealing with a similar situation and would like to review the specifics of your own case, you are welcome to contact me by phone at 054-4417869 or by email at leon@sverdlov.co.il.
The content of this guide is general information only, intended to explain the legal background in accessible language. It does not constitute legal advice and is not a substitute for individual legal advice that takes the circumstances of the particular case into account. Nothing set out here should be relied upon for the purpose of making decisions or taking action. The law, the case law, the amounts and the deadlines may change from time to time, and every case is judged on its own facts. © All rights in the content of this guide, including its wording, its structure and its editing, are reserved to the Law Office of Leon Sverdlov. The content may not be copied, reproduced, distributed, published, translated or used for commercial purposes, in whole or in part, by any means whatsoever, without the prior written permission of the firm.
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