Business
Accountability
Authority to cheat: In the war with imaginary casualties the authorities always lose
One claimed to have been injured from a drainage pit, another fell from an electric bicycle "because of an open gutter".
Although these events did not really happen, municipalities are forced to pay to compromise on failures that did not exist.
How do you stop the phenomenon and why do you not come to terms with the false plaintiffs?
Tags
Municipalities
David Rosenthal
Saturday, 16 January 2021, 00:02
Share on Facebook
Share on WhatsApp
Share on general
Share on general
Share on Twitter
Share on Email
0 comments
Anything like that has the potential to sue, even if it doesn't really exist (Photo: ShutterStock)
April 2015. S. leaves his house for a morning ride and within minutes finds himself violently slapped on the asphalt, scratching his shoulder like a grater.
Anyone who reads the statement of claim submitted by S. following the incident to the court will be filled with rage over the amateurism and alleged negligence of the municipality that left the drainage pit open.
The photos leave no room for doubt - the municipality was negligent and must compensate the innocent rider for harming him.
But the wonder and wonder, not only was his hope of spending tens of thousands of shekels in compensation disappointed, S. did not receive a single shekel.
On the contrary, a few weeks ago he was exceptionally ordered to pay legal expenses in the amount of NIS 5,000.
Why?
During the hearing it became clear that the guy was 'having a hard time' remembering when the incident took place 'and miraculously' the medical material did not state that he had encountered the manhole.
Relevant witnesses who were allegedly at the scene of the accident were also not brought in to support his version, and the only apparent proof that S. provided was that his mother and friend knew about the incident.
The municipality, for its part, claimed through Adv. Efrat Kom from the firm of Adv. Zvi Jakubowicz & Co., who represented the municipality by virtue of its insurance policy with Harel Insurance Company, that no work was performed on behalf of the corporation during the relevant period and no complaint was received.
In addition, it is alleged that there is no claim in the medical material of the plaintiff that he encountered the alleged trench, and no relevant witnesses were brought.
Advocate Efrat Kom argued that there were discrepancies in his testimony and that the picture he attached to his lawsuit was staged. At the end of the proceedings, the court accepted the claims of the municipality's attorney, ruling that the possibility that the plaintiff directed the gutter opening could not be ruled out. The claim is dismissed and the above has been ordered to pay legal expenses.
More on Walla!
NEWS
"Supportive family": Beitili strengthens the lone soldiers
To the full article
Take for example a case where a young guy slipped off his electric bike after riding like an idiot and has no complaints but against himself and also has no one to get compensation from. So instead of coming home with a tail folded between his legs and internalizing the fact that he has no one to get money from, he invents a story Slip on some open gutter or stone that was lying on the road "(Photo: ShutterStock)
Malpractice lawsuits against local authorities have become a national sport
The said case, in which a resident of a local authority tries to illegally withdraw money from the pocket of the authority on the grounds that he was harmed due to her negligence, is not exceptional.
In recent years there has been a steep increase in the number of lawsuits filed against local authorities by residents claiming that due to a road or sidewalk hazard they were injured or their property damaged, when it later turns out that the complaint is false.
The extent of the sham claims is not clear, but all the parties with whom we spoke indicate that this is a nationwide phenomenon that has cost the authorities' coffers tens of millions of shekels.
"There is a combination of accelerated erosion in the morality of the public, labeling the authority as a deep pocket into which the hand can be pushed and an increase in the number of lawyers looking for a livelihood," says Walla!
Business A senior official in one of the largest local authorities in Israel, "Take for example a case where a young man slipped off his electric bike after riding like an idiot and has no complaints but against himself and has no one to get compensation from. So instead of returning home with a folded tail between his legs and internalizing the fact that "He has no one to get money from, he invents a slip story about some open gutter or stone that was lying on the road. The increase is not only in the fake and sucked-out lawsuits, but also in those filed when it is clear that their case is very weak."
The extent of the lawsuits filed against local authorities can be learned from the reports they issue once every few years.
Thus, for example, the Tel Aviv Municipality was required to deal in the years 2015-2016 with 771 claims.
In Holon in 2016, 161 cases were opened due to alleged bodily injuries.
According to the Beer Sheva Municipality's auditor's report, in 2016, 236 third party and property claims were filed against the municipality.
It is difficult to document any hazard in real time
"In recent years, local authorities have had to deal with more and more lawsuits filed against them for negligence in dealing with hazards in their territory," explains Uri Orland, a senior insurance consultant in Israel who works with many local authorities.
He adds that despite the dimensions of the phenomenon, the impact of this component today on the cost of the premium they pay is negligible.
The increase in the deductible in Chapter III is explained against the background of the flood damage and the payment of compensation for it.
Allegedly, this should not have been a problem, since if the claim is false and the plaintiff does not provide conclusive evidence indicating negligence on the part of the authority, he should not receive compensation, but in practice, he explains, the authorities pay a price for negligence on their part. The way they treat them.
"Orland claims there is more than a shred of truth, as the authorities often have to compromise with the plaintiff due to lack of documentation or difficulty in reproducing the actions they took to deal with the threat, especially if it was an incident years ago," said lawyer Eran Jakubowicz. Adv. Zvi Jakubowicz, who deals with insurance. According to him, the plaintiffs are taking advantage of this weakness and have no choice, and in order to save on legal expenses, a decision is made 'with a heavy heart' to pay a certain amount and close the case.
Even when the authorities win, they suffer damage.
Adv. Eran Jakubowicz (Photo: PR, PR)
The time has come to increase the deterrence of idle plaintiffs
"If the authorities decide to fight and conduct the proceedings in court until a verdict is handed down, still, even in cases where they win, they still suffer damages," adds Adv. Jakubowicz, adding that in most cases, the amount of expenses required to pay the lost plaintiff is light years away. "From the real amount spent by the defendant to defend himself in the lawsuit, even if it has been proven that he acted with fraudulent intent. This conduct does not deter the plaintiffs who take into account that in the worst case they will have to pay a small legal expense." .
Another question that arises is why the court does not punish the plaintiff who sought to get rich illegally by filing a frivolous lawsuit, while imposing on him an obligation to pay legal expenses in a small amount, and not stinging a number that resonates well with the public and leads to reconsideration of false risk. Mr. Jacobovici explains that the imposition of court costs is not done with the aim to punish, but is enshrined in Article 512 Regulations, according to which not less than the minimum amount prescribed tariff costs with regard to lawyers' fees rules of the Bar Association.
"We must always take into account expenditures court's discretion and recently "With the change in the civil order regulations, the amount of expenses is expected to increase significantly and therefore it is not recommended to file idle claims," he concludes.
Share on Facebook
Share on WhatsApp
Share on general
Share on general
Share on Twitter
Share on Email
0 comments
