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car test?
This man is getting sick of it
When we get to the Licensing Institute to do a car test, all we want is for it to go smoothly and we can just go on with it, for this car owner the story has become a real health nightmare
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test
car test
Licensing Centre
diabetes mellitus
Walla! Car
Sunday, 08 August 2021, 08:41 Updated: 08:52
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When we want to point out the lack of any connection between two things, we say "what is the matter of a bed on Mount Sinai?", But this ruling provides us with a new language: what is the connection between a test and a car and an outbreak of diabetes.
Well, it turns out that there is and not just a connection but a causal connection recognized by the court.
In an unusual and very precedent-setting manner, it was established between the law and the work that the owner of a vehicle that came to the test, during which his engine burned out, contracted diabetes as a result.
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The unusual story before us, in which the victim will be represented by Adv. Ronen Gavish from Legal Aid, begins when the owner of a vehicle comes with him to a licensing institute to perform an annual fitness test. He gets out of the vehicle and allows the examiner to begin the examination. Presses the gas "abnormally" and increases the engine speeds, until smoke begins to come out of the hood.
The examiner gets out of the vehicle and tells the guy to wait a few moments, then the director of the institute arrives and announces that the engine burned. "How did the engine go?"
An employee of the Licensing Institute raised the RPM until black smoke came out of the engine (Photo: Manufacturer's website)
At this point, it can be assumed that the pressure gauge has dropped knowing that the vehicle is in the good hands of the garage he is used to taking care of, but three days pass, and the vehicle does not even get on the lift. Why? The garage manager forbade the vehicle to be repaired until an order came from the insurance company. Another week passes, but the vehicle is not repaired, and the level of concern of the vehicle owner, which he uses for his livelihood, rises to completely different heights. He nervously calls the garage, where he is explained that without his knowledge, a representative of the insurance company arrived and took the engine to a lab that found that the cause of the whole story was a defect in the engine. In other words, with all the sorrow involved, the insurer will not pay in this case for the damage estimated at NIS 20,000.
The verdict states that the plaintiff took the conduct very seriously, and according to him, he was deceived by the institute. , Which became so intense that he relates that the occurrence robbed him of all energy.A month after the incident, the plaintiff began to lose weight, and not long after, diabetes broke out in his body.
The vehicle was towed to the garage, but there the real shock awaited (Photo: Reuven Castro)
In light of the serious health and mental consequences, the young man filed a lawsuit with the Labor Court requesting that they recognize a causal connection between the chain of events that took place, and the illness that broke out.
An expert appointed to examine the case determined that there was most likely a causal link between the unusual event and the onset of diabetes.
The plaintiff did not suffer from obesity which is a known cause of diabetes.
Although according to the medical file, both his parents did suffer from diabetes, but the disease developed in them when they were over the age of 70 - and the court attached minimal significance to this.
The expert further determined that the defect would probably not have occurred at the time it would have occurred had it not been for the exceptional event.
It is accepted today in all the recognized medical literature that a severe stress event of the type that the plaintiff went through may be the trigger for an outbreak of diabetes of any kind.
Therefore, at the end of the day, the tribunal accepted the expert's position and ruled that his claim was admissible.
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Adv. Assaf Warsaw (Photo: Regev Kalaf)
According to Adv. Assaf Warsaw, an expert in insurance and tort law: In general, in lawsuits of this type in which a causal connection is required, the plaintiff is required to prove an unforeseen event, which can be described in terms of place and time caused it to erupt. In this case, the court was persuaded that it was so.Next, the expert is required to ascertain whether there is a medical causal link, i.e. whether there are other risk factors, other than the incident, that led to the outbreak of the disease, and affected more than that point event.
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