About five years ago, the plaintiff was injured in a car accident, after riding a motorcycle. The injured party filed a claim for compensation against the insurance company "The Pool".
The dispute revolved around the question of what determining salary the compensation should be calculated by. At the time of the accident, the plaintiff was working in a factory and earned only NIS 3,100. At the same time, he was studying for a bachelor's degree at university, but had to stop his studies following the accident.
Motorcycle accident on Route 20 // Photo: MDA operational documentation
After he was rehabilitated, he worked various jobs until he finally found work at a company engaged in Internet sales, and his salary, which was based on sales, reached about NIS 40,<> a month – more than three times the average wage in the economy.
Adv. Froehlich, Photo: Liron Moldovan
The insurance company argued that compensation should be calculated according to low wages, which do not exceed the average wage in the economy, and not according to a salary base of NIS 40,<> earned at work after the accident. Regarding the disability, the company also argued that he should not be compensated, since it does not interfere with his work and earning large sums of money.
The plaintiff, through attorney Ariel Froehlich of Froehlich-Farhi law firm, argued that although he was earning minimum wage before the accident, most of his wage losses should be calculated according to tripling the average wage in the economy.
Tel Aviv District Court Judge Orly Mor-El accepted most of the plaintiff's arguments, calculated his salary at NIS 27,2 per month net and awarded him compensation of NIS <> million only for future earning losses.
In addition, the insurance company's claim that the disability does not interfere with the plaintiff's work was rejected, and he was awarded compensation in the amount of NIS 170,3 just for cannabis consumption. Finally, taking all the disabilities into account, he was awarded compensation in the amount of approximately NIS <> million.
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