Does the person who was hurt in the accident have a right to compensation given the “hit and run” incident? The victim may be sent to a specific fund designated for this type of road accident (“kernet”) as the name of the attacker in this scenario is unknown.
Because they are unaware of their legal options in these situations, victims of “hit and run” instances sometimes feel helpless to pursue compensation. It is crucial to understand that Israeli law offers a solution to these situations and that restitution is necessary, even if the batterer “escapes.” In this article, a lawyer from our office will describe how it is done.
Lawyers from our office, which has offices in Tel Aviv and Jerusalem, and who are experts in both the field of road accident compensation and damage judgments. Medical negligence, physical harm, and other legal areas are just a few of the many legal areas in which our lawyers have a great deal of experience providing legal counsel and representation. At every step of the legal procedure, our office supports its clients and offers them competent and expert legal advice in a way that satisfies their needs and takes into account the specifics of each case.
HOW WIDE SPREAD AND WHAT DOES THE “HIT AND RUN” INCIDENT MEAN?
This is the type of road accident that may happen to pedestrians, cyclists or passengers in the car, so that the “hitter” escapes as a result of the accident and does not leave its details or insurance details. According to the information of the Israel Police , in the year 2020 there were more than 1,000 “hit-and-run” incidents in the country. Israeli law, which examines the issue of compensation for road accidents victims, authorizes each injured person to be compensated by the striking driver and the insurance company of the hit car. At the same time, the law did not leave the victims of “hit and run” incidents unresolved, but rather opened the way for compensation, after fulfilling the required conditions, from a special compensation fund set up for this purpose by the state. Unfortunately, many victims of this type of accident are ignorant of this fact, and therefore we will explain in this article on this subject.
COMPENSATION FOR THE VICTIMS OF THE “HIT AND RUN” INCIDENT :
Because of the large number of “hit and run” incidents, and in order to ensure that compensation is provided to the injured of this type of accident, the state has established a special financial fund for road accident victims called “ Kernit ”. A claim for damages against this fund can be filed directly by means of a claim form , which can be submitted by post, fax or e-mail. The course of processing this claim is relatively fast, and usually lasts for 30 days from receipt of all the claim documents (which may change from case to case).
If the case is accepted, the injured will be compensated as if he had filed the case against the insurance company, if the identity of the driver was known, as well as paying the medical expenses of the accident, with all its consequences.
WHAT IF KERNET REJECTS THE LAWSUIT ?
There are certain cases in which kernet may reject the claim/claim for compensation, for example if the aggrieved party does not attempt to track the hitter or the driver. In this case, you can file a lawsuit with the court. According to the scale set by the High Court of Justice 80 years ago with regard to tracking down a striking driver, the legal test is that there should be a reasonable duty to track down the driver. In an important decision issued by the Supreme Court of Justice since 2009, the court affirmed that the behavior of those affected by the accident and their allegations regarding attempts to track the batterer must be examined objectively, taking into account the crisis they went through, which led to their failure to track down the batterer.
The court compared a clear case of “hit-and-run” incidents, in which the victims did what was necessary to trace the identity of the hitting driver, and other cases in which it was possible for the affected people to track down the details of the hitting driver, but they did not do so. In the second case, the court decided that it must be examined whether special circumstances had occurred that prevented this, for example, in the case of the victim suffering from panic or panic as a result of the accident, or cases in which the striking driver’s reactions (in the event of contact with him) were offensive and threatening, so that he was not You can find out its details.
Otherwise, in the event that the aggrieved party did not track down or request the details of the striking driver for reasons such as shyness or indifference, in this case the aggrieved often will not be able to claim compensation from Karnit. The court’s decision and decisiveness in this matter is determined by the circumstances of the accident, which can be complex and difficult. Therefore, it is preferable to consult a lawyer specialized in the field of damages and road accidents, who can provide assistance in the matter, on the basis of a professional with extensive experience in this field.
CONTACT A LAWYER SPECIALIZED IN THE PROVISIONS OF DAMAGES AND ROAD ACCIDENTS :
In the event that you caused a “hit and run” incident, you can contact our office to provide legal advice and assistance by lawyers specialized in this field as soon as possible, who will direct you and give legal advice to take the necessary steps.
In our office there are lawyers who specialize in tort and road accidents, and are happy to advise and assist you. You may approach the office of Decker, Bex, Ophir & Partners for advice, counseling and representation along the way to obtaining the compensation due, if it is due by law.
