A young Ashdod resident who fell asleep at the wheel, collided violently with traffic jams, was compensated by the insurance company for NIS 90,000. Despite his guilt in the accident, the insurance company reached a settlement agreement with him after a legal battle against her
A young Ashdod resident who fell asleep at the wheel, collided violently with traffic jams, was compensated by the insurance company for NIS 90,000, despite his guilt in causing the accident. This, after a legal battle with the insurance company.
The accident occurred after fatigue overwhelmed a young student, a 26-year-old Ashdod resident, at 4:00 p.m. His vehicle was completely destroyed and crushed the traffic jam that his vehicle encountered with great force. But as stated, despite this, these days, and after a legal battle, the young man received compensation in the amount of NIS 90,000 from Shlomo, an insurance company that insured his vehicle with compulsory insurance.
The young man was driving on an almost completely empty intercity road, on the northern route between Ashkelon and Ashdod. As his eyes closed, the young man’s vehicle deviated from its lane, colliding violently with the island of traffic separating the lanes – sowing much destruction.
As a result of the accident, the young man’s new vehicle became a broken vessel, while he himself suffered heavy blows to his chest and back – when miraculously he did not find his death.
Ambulances and firefighters rushed to the scene, who rescued the young man and rushed him to Assuta Hospital in Ashdod. Due to the intense pain he complained of, the young man was hospitalized for further follow-up in the surgical department of the hospital.
After being released from the hospital and recovering, the young man continued to complain of pain and limitations in his lower back. A CT scan she underwent, showed a slight hernia in the lumbar spine. Under the guidance of his doctors, the young man underwent physical therapy and complementary medicine treatments, and took the painkillers.
The young man turned to lawyers Dvir Shimaya and Michael Mirel, from the law firm Shimaya Mirel & Co. in Ashdod. After recounting the circumstances of the accident, the two filed a claim for damages in the Ashdod Magistrate’s Court on his behalf, against the Shlomo insurance company that insured his vehicle with compulsory insurance.
According to attorneys Shimaya and Mirel, the Compensation for Road Accident Victims Act (PLAT) states that the degree of guilt of the driver in an accident will have no effect on the amount of compensation he is entitled to, and that the compulsory insurance of the vehicle he drove will cover all medical costs. Passengers rode following the accident, as well as all the benefits due to them due to their disability from the accident.
Attorneys Dvir Shimaya and Michael Mirel.
Simultaneously with the filing of the lawsuit against the insurance company, the parties negotiated, in which they agreed that a specialist orthopedic doctor accepted by both parties would examine the young man, and determine his degree of disability.
The doctor who reviewed the medical records, and examined the young man, determined that following the accident he began to suffer from an orthopedic disability at a rate of 5 per cent, due to a limitation in the lumbar spine that developed as a result.
Following the determination of the agreed expert, the parties reached a compromise, according to which the insurance company will pay the student compensation in the amount of NIS 90,000, and the student will withdraw his claim. The settlement agreement was recently submitted to the Ashdod Magistrate’s Court, which gave it the force of a judgment.
Attorneys Dvir Shimaya and Michael Mirel, from the law firm Shmaya Mirel & Co., deal with tort law, real estate and civil and commercial law. The office is located in the ‘Bar Center’ building at 35 HaOrgim Street in Ashdod.