AIDA The Israeli Compensation System in Respect of

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AIDA The Israeli Compensation System in Respect of Road Accidents Ilan Kaner, Adv. AIDA

AIDA The Israeli Compensation System in Respect of Road Accidents Ilan Kaner, Adv. AIDA Motor Insurance Working Party Athens, May 2014

Israeli Motor Vehicle System - No Fault Under the Israeli Law – compensation to

Israeli Motor Vehicle System - No Fault Under the Israeli Law – compensation to any injured 2

Mandatory Insurance – Bodily Injury Insurance policy - mandatory 3

Mandatory Insurance – Bodily Injury Insurance policy - mandatory 3

Limited Compensation - Loss of income – three times the average wage - Non-monetary

Limited Compensation - Loss of income – three times the average wage - Non-monetary damage – fixed amount 4

Exclusive Cause of Action No claim under general Tort Law 5

Exclusive Cause of Action No claim under general Tort Law 5

Regulated Mandatory Insurance Policy wording – dictated by Regulator 6

Regulated Mandatory Insurance Policy wording – dictated by Regulator 6

Highly Regulated Field (a) Full compensation (b) Terms of insurance set by the Regulator

Highly Regulated Field (a) Full compensation (b) Terms of insurance set by the Regulator (c) Insurer cannot consider age, number of passengers, etc. 7

The POOL – for “unattractive” insureds 8

The POOL – for “unattractive” insureds 8

Motor Vehicle Reform - 2006 - High premium for 2 -wheel vehicles - Arrangement

Motor Vehicle Reform - 2006 - High premium for 2 -wheel vehicles - Arrangement for allocation compensation between heavy and light vehicles 9

Profitable Results For Insurers 10

Profitable Results For Insurers 10

“Karnit” Fund for indemnification of injured by noninsured / stolen vehicle or hit-and-run accidents

“Karnit” Fund for indemnification of injured by noninsured / stolen vehicle or hit-and-run accidents 11

Issues In Dispute - What is a motor vehicle? Electric bicycle? Electric buggy? Motorised

Issues In Dispute - What is a motor vehicle? Electric bicycle? Electric buggy? Motorised mechanical engineering equipment? - What is a road accident? 12

Easy To Handle By Plaintiff - No medical opinion required - No need to

Easy To Handle By Plaintiff - No medical opinion required - No need to prove liability - Regulated limited lawyer’s fees 13

Thank you Ilan Kaner, Adv.

Thank you Ilan Kaner, Adv.