Those “small” and “annoying accidents”
We all have gone through some of these very annoying episodes where we are the victims ending up with some kind of damage. The question is not only how to react, but how do you prepare yourself to actually be paid for the damages inflicted on you by a third party.
Before I can give you any tips, I need to give you advice and explain the Israeli mentality and the legal system. We have a strong tendency to disregard “small stuff“. We even have a name for that small stuff in the legal system: “D’mei Mitrad” or “Nuisance compensation”. Let’s start with few examples:
The Dry Cleaning:
You bought that beautiful LACOSTE shirt for $ 110 dollars and sent it to a dry cleaner. You received a receipt and here we go: The shirt came back totally destroyed and irreparable. What do you do now?
The first move is to be prepared. Take a picture right there on the spot and point out to the worker/owner what is wrong with the shirt (they will probably tell you first “a problem has occurred”). Next please go to two different stores and ask for a “Atsaat mehir” or an appraisal – all you need is some kind of documentation stating the price for a new shirt similar to the one that the dry cleaner ruined.
Go back to the dry cleaner and show them the document or any other proof you may have. They will certainly tell you that it is impossible, too expensive or whatever. Don’t give up. In the end they will offer you a “Zikui” or some type of credit to be used later. You don’t have to agree and you can ask for cash but a word of wisdom: If it is possible – do accept a credit!
Stores like Home Depot:
In large department stores such as the Home Center where many “dangerous” tools are displayed, the chances of being hurt by a sharp tool misplaced are actually high. These stores are very well “legally organized”. If it is a small case they will open a complaint and a notice will be sent to the management. The insurance will not cover small damages because they have a policy with a high deductible.
You must be very methodic. If the damage is only material you should prepare your “case” the same way as above (with the dry cleaner) but before leaving the store; be sure you have the names of those who took care of you including the clerk in charge of the complaint. You also must have the receipt of your purchase and if you did not buy anything just pick up any receipt. This will be necessary to learn the “legal name” of the store/company. In general, the name of the store as shown is never the same with the Israeli Corporations Authorities and you will need the register number as well – all those can be found in the receipt.
If it is a personal injury please contact a lawyer immediately.
Voluntary Risk:
Places such as skating areas, ice skating, scuba diving, etc., are called “Voluntary Risk Activities”. One who does “sports” or activities like these should be aware of the natural tendency for accidents or the high risk involved in these activities. This is the reason why the Israeli courts don’t easily grant high amount as compensation (if any) for these kinds of cases.
If you were injured during activities in one of these places, it will be necessary to do more than having technical information regarding the owners.
Pictures (many) will be necessary, testimonies (you must have their ID number and other personal details) and when possible a copy of your complaint. Do not hesitate to be taken to a hospital even in an ambulance – all costs will be covered by that company.
Car Accidents:
If the accident was caused by a car it will be considered a “car accident” even if you were only standing nearby and not directly hit by the car. A car accident is the easiest way to receive compensation, but if the case is considered by law as a “car accident” you will not be entitled to any other type of compensation from anyone else (we are talking about bodily injury only of course).
A word of wisdom:
Accidents are mostly caused by someone’s carelessness – and in Israel we are in the top ten list regarding accidents. Unfortunately our tradition in Israel is not of “caution”. The numbers of accidents in all areas are outrageous and most could be avoided by following the rules. Children’s injuries at home are the most common and unfortunately the worse.
You can make a difference by being careful in your work, when driving and even at home.
