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Interesting judgment entered recently by the Israeli District Court in an appeal on road accident suit of damages. (1)
The case involves a suit of damages for bodily harm sustained by the plaintiff, who was trying to ignite his car's engine with the help of the defendant's car.
At the said scenario, the defendant 'used his car' at the meaning required by law to trigger his compulsory car insurance to compensate the plaintiff. Given that the defendant ignited the engine of the car; the car was operating on a driving park mode with hand brake; then suddenly, as the defendant went out of the car, it moved forward and crashed the plaintiff, who stood between both cars.
On the other hand, the plaintiff's car was not started, it stood mainly in a parking area on the street, rather than on the road, its doors were shut, and plaintiff himself stood outside the car and open the hood. These factors rather indicate that the condition as set out by law i.e. 'using of motor vehicle' or 'driving a motor vehicle' (2) to trigger the car compulsory insurance was not met.
Therefore, in these circumstances the court held that since the accident had been occurred because of the use of the defendant's car, rather than the plaintiff's, thus the defendant and accordingly his insurance company, shall be liable to compensate the plaintiff for his damages.

(1) David Shmaya and other v Phoenix Insurance Company and others in the District Court Tel-Aviv
(2) The compensation act for road accidents bodily harm 1975

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