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Court: Criminal history and lack of a matriculation certificate do not affect earning capacity Israel today

2022-01-17T07:36:39.171Z


A 19-year-old sued the Phoenix Insurance Company after being run over while riding his bicycle • The company tried to argue that due to the fact that he has no matriculation certificate and a criminal record, the compensation he is entitled to should be calculated according to his average salary prior to the accident • Judge Dov Gottlieb And determined compensation of NIS 800,000


Ramla Magistrate's Court Judge Dov Gottlieb ruled that a 19-year-old man injured in a car accident will be compensated by the insurance company NIS 800,000, even though the insurance company tried to say that his earning capacity in the future is low, due to the fact that he has no criminal record. maturity.

This is a member of the Ethiopian community, who was run over several years ago while riding his bicycle and was determined to have a functional disability of 20%.

The Phoenix company, which insured the offending vehicle, acknowledged its obligation to compensate the plaintiff for his damages, but claimed that the plaintiff's salary at the time of the accident was an average of NIS 4,000 per month.

As for the future period, the insurance company claimed that the plaintiff's salary today (approximately NIS 8,000) embodies his earning potential, due to his personal data.

The company offered to calculate his salary according to NIS 7,000 a month, less than the average salary in the economy, because according to her it should be compensated according to accepted averages of the average salary in the economy and the percentage of his disability.

In addition, since he has a criminal record and no matriculation certificate, the Phoenix argued that he should be compensated with less than the average wage in the economy.

On the other hand, the plaintiff's attorney, Adv. Ariel Froelich, argued that the wage losses in the past period up to the date of the plaintiff's release from prison should be calculated, according to his salary at the time of the accident, which was NIS 6,200. His client started working in a printing house with a salary of NIS 8,000 and without the accident, his earning potential would have been NIS 12,000.



Adv. Ariel Froelich, Photo: Liron Moldovan

As stated, Judge Dov Gottlieb rejected the insurance company's claims and ordered him compensation of NIS 800,000.

The judge noted that even if the plaintiff became involved in crime and performed service work and even if he does not have a matriculation certificate, there is no reason for his earning capacity to be impaired and he should be compensated according to the average wage in the economy of NIS 11,000 per month.

"Success in studies, including eligibility for a matriculation certificate, does not constitute an index of the level of wages or can necessarily indicate that the plaintiff would not have earned wages in the future at the average wage rate in the economy. "He is motivated and leads a normative life."

Advocate Ariel Froelich, the prosecutor's attorney, said in response: "This is an exceptional ruling regarding the level of compensation and a problematic determination, including criminal charges, and a lack of a matriculation certificate, do not affect the assessment of future earning capacity."

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Source: israelhayom

All news articles on 2022-01-17

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