Court Orders Insurance Company to Pay 640,000 Shekels to Accident Victim Despite Surveillance Footage
A young man who claimed functional disability after a car accident was filmed by the insurance company "Phoenix" performing strenuous physical tasks. However, the judge ruled that the footage does not rule out potential future loss of earning capacity.
The Magistrate's Court in Rishon LeZion recently accepted a personal injury claim filed by a young man injured in a car accident against the insurance company "Phoenix." Judge Nir Gancherski ruled that although the plaintiff continued to work and increased his income, the disabilities he sustained could impair his future earning capacity. The company was ordered to pay him approximately 640,000 shekels in compensation.
The plaintiff, 26 at the time of the June 2022 accident, worked as an aluminum installer while also developing a business selling animal supplies. Following the collision, he suffered injuries to his neck, back, head, and ears, leading to diagnosed spinal limitations, headaches, and dizziness. Court-appointed experts set his weighted medical disability at 16.86%.
The plaintiff claimed his functional disability was 30% and that his condition forced him to close his independent business. He sought 2.5 million shekels in damages, based on a combined monthly gross income of 32,570 shekels. Conversely, "Phoenix" denied a causal link to the accident, citing a 2020 workplace injury that resulted in a 19% permanent disability. To support its case, the company presented surveillance footage showing the plaintiff lifting heavy objects, installing windows, carrying aluminum poles, climbing a wall, and drilling.
Judge Gancherski noted that while the plaintiff’s testimony was credible, it contained some exaggeration. He stated that while the footage proves the plaintiff is capable of physical labor, "the fact that the plaintiff manages to perform physical work does not necessarily mean that he does so without limitation or without a functional price." The court determined that the disability poses a risk to his long-term earning capacity and set his functional disability at the same rate as his medical disability.
The plaintiff's claim for past wage loss was rejected, as it was not proven that the business closure, occurring two and a half years after the accident, was caused by the incident. For future loss of earning capacity, pension losses, assistance, medical expenses, and pain and suffering, "Phoenix" was ordered to pay 640,687 shekels, plus 15.34% in attorney's fees.
• To read the full court ruling – click here
• The article is in collaboration with the Israeli legal website PsakDin
• Plaintiff's attorney: Adv. Shlomi Aronov
• Defendant's attorney: Adv. Tal Katz from the law firm of Tomer Zemer et al.
• Adv. Natalie Israelov deals with personal injury and accidents
• The author did not represent in the case
• Ynet is a partner of the PsakDin website
