Car Accidents at the Gas Station – 3 True Stories

Case I:

Mr. and Mrs. Doe, a couple in their mid-70’s, stopped in a gas station in order to fill up their car’s tank. Mr. Doe, a very careful and experienced driver, stopped the car near the pump, opened the driver’s door and stepped out. With one leg still in the threshold of the car door, he lost his balance, falling forward. He ended up on the ground with his leg completely trapped, with an open fracture. The paramedics took him to the nearest hospital. Due to his good health condition he underwent surgery that same day, having platinum screws implanted in his broken bones. Following his lawyer’s instructions he then sued his compulsory insurance policy for the personal injury, loss of income, severance and pain, etc. In the beginning his insurer was not convinced that the accident took place, but after some inquiries were made by the detective and they went to check on Mr. Doe and his story, they were finally convinced that the description of the accident was correct, therefore considered a “car accident” by law. This is one of many cars accidents in Israel. A very similar story applied to a different case, ended differently as was the case of Mr. Brown, who as Mr. Doe, stopped for gas and fell, breaking his hip. The significant difference in this case is how the accident took place.

Case II:

Mr. Brown was already outside his car holding the gas pump when he slipped on an oil slick, lost his balance and fell, trapping his leg under his car. The insurer believed Mr. Brown and his accurate description of the accident. The insurer also believed the two witnesses that were present at that very moment and saw from a very short distance what had occurred. The insurer decided not to pay, claiming that according to Mr. Brown’s own description, the accident was not considered a “car accident”. Mr. Brown’s lawyers decided to go to court and convince the judge that this case was indeed a car accident, maybe not a classical one, but still a car accident. After almost a year, two hearings and the submission of documents and written summaries, the judge finally made a decision accepting the plaintiff’s arguments that the case falls under the legal definition of a road accident. The reasoning was based on many different aspects of the law but that the existence of the oil stain and its contribution to the accident was crucial. This is not the place to go into the details of the legal reasoning of the judge, but it is important to know that every factor and every detail of what took place at the accident scene can change the court`s decision.

Case III:

Mr. Smith had the same exact accident as Mr. Brown except for the oil. He fell while pumping gas and tried to convince the court that he got tripped by the gas pump - he did not succeed in convincing anyone of that. Mr. Smith sued the insurer but in the end his claim was denied and the accident was not recognized as a “car accident”, however he was “lucky”. Mr. Brown had stopped in the gas station on his way home from work, direct from the company he worked for to his house. On his way home he stopped to refuel. After his claim was denied he sued the National Insurance Institute for a “work accident” and his claim was accepted. This makes a huge difference because if you sue for “General Disability” the chances that you are entitled to compensation are very limited in contrast with “Disability as a result of a work accident” - as was the case of Mr. Brown.

A word of wisdom:

It is crucial you have witnesses in cases like the above, and even more important, you are sure of how it really happened. If you are not absolutely sure of the “how”, please consult a lawyer in the field before talking to your insurance agent or an investigator from the insurance company.

Sincerely,
 

Tzvi Szajnbrum, Attorney at Law