Avrech injured by ATV and compensated for NIS 1.5 million

Precedent of the Haifa District Court: a yeshiva student from the north who was injured in an ATV accident will be compensated for more than a million and a half shekels, according to a calculation of the working man and although the victim was a yeshiva student at the time of the injury.

A 22 year old yeshiva boy from Northern Israel who was injured in an accident while riding an ATV, will be compensated by more than NIS 1.5 million. This is the ruling of the District Court in Haifa in recent days. Despite the defendant's request, the Israel Motor Insurance Database (the "Pool") to underestimate the amount of compensation due to the fact that the victim is a yeshiva student and therefore did not intend to go out to work and thus has less earning power and compensation too.

In her ruling, Judge Yael Weiner determined that due to the victim's statement (now 27 and married) and his family, one should address him as one who still did not write his working life story and compensate him close to the employment market average wage, the value of NIS 1,582,560 in compensation, beyond the payment of court costs.

The yeshiva student was represented by the office of Attorney D. Shevach and Company.

Attorney Avital Paz from the office of Attorney Tiran Paz makes it clear that, "an accident casualty who is disabled and certainly a significant disability, often loses his earning potential and the courts make up for this loss for the rest of his life until retirement age. In other words, the insurance company which pays the compensation will pay the total amount already at the time of the judgment, although these losses may occur many years later. When it comes to young people this is a very significant component of the total compensation, so insurance companies attempt to always disagree on wages on the basis of which one has to make the calculation and are arguing that it should be significantly reduced.

"When it comes to older people who for many years have worked one can evaluate on the basis of the actual salary before the accident what would be the expected future income. But what is the basis of wages when they are minors or young people who crossed the threshold of minors such that they have only begun to study or work or are in the army or yeshiva, and it is unclear what employment direction was evolving or earning potential for the future? The rule laid down by the Supreme Court is that one should put the earning potential of minors and young people as the average wage. If the insurance company wants to deviate from this presumption it must prove why we should deviate from the rule in the specific case, and even if the plaintiff argues that there is room to set higher wages, he must persuade the court why the case is different (for example if it is a soldier who was in a pilot course, it can be assumed that as a citizen he would become a pilot and his salary would be accordingly). In this case, the District Court held that when it comes to the yeshiva student who was 22 at the time of the accident, one should determine the salary base for calculating loss of earnings by the average national wage."

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