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Comments on the Road Accident Victims Compensation Law, 1975 and the National Insurance (Consolidated Version) Law, 1968 / הערות לחוק הפיצויים לנפגעי תאונות דרכים תשל"ה — 1975 וחוק הביטוח הלאומי (נוסח משולב) תשכ"ח — 1968

חנוך אריאל and Hanoch Ariel
Social Security (Hebrew edition) / ביטחון סוציאלי
חוברת‎ 21 (אדר ב' תשמ"א, מארס 1981), pp. 145-157
Stable URL: http://www.jstor.org/stable/23268675
Page Count: 13
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Comments on the Road Accident Victims Compensation Law, 1975 and the National Insurance (Consolidated Version) Law, 1968 / הערות לחוק הפיצויים לנפגעי תאונות דרכים תשל"ה — 1975 וחוק הביטוח הלאומי (נוסח משולב) תשכ"ח — 1968
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Abstract

Following the passing of the Road Accident Victims Compensation Law, article 150 (a) of the National Insurance Law was amended and it now grants to the National Insurance Institute the right to sue a third party responsible for an accident for payment of the benefits that the Institute pays to the victim and is due to pay him in future, not only according to the Civil Wrongs Ordinance, but also according to the Road Accident Victims Compensation Law. This legal situation raises a number of questions, the main ones being : (a) Is a person who drives a vehicle and is injured himself and entitled to benefits from the National Insurance Institute, to be regarded as a "third party"? If so, the Institute can sue the insurance company under the aforementioned article 150 (a). If not, it cannot do so. In such a case the question is whether the insurance company is entitled to deduct the benefits paid by the Institute from the amount of compensation or whether the victim-driver is entitled both to national insurance benefits and payment from the insurance company in which he is insured. (b) Are the provisions of the law, which prevent the National Insurance Institute from filing a claim against the employer of the victim, if the employer is responsible for the accident, valid also under Road Accident Victims Compensation Law? (c) Will the fixing of a ceiling, equivalent to three times the average wage in the economy, for purposes of payment of compensation to road accident victims, have any influence on the amount of compensation left to the victims in view of the provisions of the National Insurance Law which also fixes a similar ceiling? (d) Will the provisions of the Road Accident Victims Compensation Law, combined with the provisions of article 150 (a) of the National Insurance Law, encourage or discourage compromises? In the course of raising these questions, secondary questions also arise, the most important one being whether when determining compensation under the Road Accident Victims Compensation Law, the benefits that the Institute is due to pay to the victim should also be deducted before this right to benefits from the Institute has been materialized or clarified or whether the victim should receive the entire compensation and in the course of time the Institute would deduct whatever it is entitled to receive in accordance with its right under article 151 of the National Insurance Law to deduct such amounts from the benefits that it is due to pay. This paper attempts to reply to these questions and due to the various complications that arise following the discussion, it is proposed to enable the victim to choose between a claim under the Road Accident Victims Compensation Law and a claim to benefits under the National Insurance Law (especially a claim within the framework of disability insurance) — something that would lead to a simplification of procedures, economy in litigation and even a saving in the payments of premiums or insurance contributions.

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