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A chain of faults on both sides: the defendant's war and the insurance company
The insurance company sued a citizen for NIS 22,000 for tin damage, but corrected the amount to NIS 6,000.
His lawyer: "Bullying."
The company: "A mistake of good faith. He evaded payment over the years"
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Tuesday, October 20, 2020, 12:48 PM
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This is another story of the little citizen in front of the elaborate and multi-armed monster, only the case before us is special and rich in details that look like a chain of mishaps on the one hand and bad faith on the other.
Which of the parties?
You will judge.
A resident of Nesher in the north was allegedly involved in an accident in 2010, while serving as a salaried driver in a bakery chain that has since gone bankrupt.
According to attorney Amiram Alkobi, who represents the driver, the insurance company S. Shlomo Car Ltd., which insured the injured vehicle, decided to file a restitution claim (third party) against the driver involved, and not against the insurance company that insured his vehicle.
According to him, the company decided to file the lawsuit about 6 full years after its alleged occurrence, and handed it over to the driver's sister, with whom she had no contact in those days.
As a result, the driver did not appear in court, which was held in a one-sided manner - and ended in a ringing verdict, which accepted the full claims of the insurance company.
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To the full article
"Bullying of an insurance company."
Alkobi (Photo: Moran Kadosh)
In the ruling, the court imposed a payment of NIS 22,000 on the driver - the damages of the accident according to S. Shlomo Car Ltd. - which soon swelled to more than NIS 30,000 - as part of the enforcement case opened against him.
In 2017, the driver discovered Only then, he claimed, was he financially paralyzed. Only then, he claimed, did it become clear to him that a claim for damages had been filed against him, and even that an entire trial had been held behind his back and without his knowledge. Three years of economic paralysis, the man turned to attorney Amiram Alkobi, who filed a reasoned motion on his behalf to set aside the ruling.
In his application, Adv. Alkobi claimed a long list of failures in the original lawsuit of S. Shlomo Car Ltd., including two completely different roads on which the accident allegedly took place, one near Be'er Sheva and the other near Maalot Tarshiha in the north.
In addition, Attorney Alkobi disclosed the original appraisal document of the accident. According to this document, the vehicle was damaged by the opening of the truck door on which the plaintiff was driving, and he suffered tin damage of only NIS 3,600. "The general damage to the plaintiff is only about NIS 6,000." This is undoubtedly bullying of an insurance company, "says Adv. Alkobi.
So far the driver's side, but the insurance company's response to the chain of events suggests that his conduct may also have been problematic over the years.
"The group regrets the conduct of the driver, who has been acting in bad faith for about a decade regarding his debts," they said in response, publishing their version.
According to the Shlomo group, the driver was indeed involved in the road accident, "in which he was caused thousands of shekels in damage to a Shlomo group's vehicle."
He was asked to pay the amount determined by the appraiser in the amount of NIS 6,000.
"Since no response was received from him, we had to take legal action which Amsalem had avoided for years."
The company waited and waited and finally filed the lawsuit.
And what about the excessive fine?
The Shlomo group does not disagree that the real amount was NIS 6,000, but opposes the use of the word "bullying" and claims that they acted in a successful manner: "Lev Shalom in the original claim documents. The Shlomo Group immediately corrected the amount of the claim so that it will amount to NIS 6,000, as determined in the appraiser's report submitted in the original claim."
The insurance company also claims that despite the procrastination, they went to the defendant: "After the cancellation of the ruling, an agreed compromise agreement was signed between the parties, as part of which it completely waived the costs of canceling the ruling Payments. "
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