Insurance Company Seeks to Lower Payment Because Victim is Chareidi

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icd.jpgIn a most repulsive approach, an insurance company told a Haifa court that because a then 12-year-old accident victim is chareidi, the compensatory payment awarded him should be lower.

The parents of the child, now a yeshiva bachur, showed the court his grades, testifying to keen wit and intelligence, explaining he was planning to study to be a rabbinical judge when he was older. The insurance company, in a brazen approach, stated his grades cannot be interpreted as testimony to his abilities since his chareidi education does not truly exhibit one’s abilities. The insurance company further argued that since he is chareidi, his earning potential would have remainder lower than average, seeking to avoid a sizable payment.

The Haifa court however saw things differently, awarding the victim NIS 95,000 because he is listed as 60% disabled as a result of the accident. In addition, the judge awarded payment for loss of future income, as well as pain and suffering in the amount of NIS 1.695 million [before deductions].

(Yechiel Spira – YWN Israel

9 COMMENTS

  1. $20000 was for what? Disability? Then what was the $400,000 for? Unless he was brain damaged, how would an accident affect ability to be a Talmid Hacham? And since when does a 12-year old’s vocational plans mean much? The insurance company should have been happy to agree on basing future income on a dayan (they are not overpaid), and terrified that the parents would argue he would have gone into business. The story doesn’t make sense without more details on the nature of the injuries.

    Arguing the someone belongs to a minority group that has reduced earning potential is something an intelligent lawyer would never do since it doesn’t help his client to remind the court that the person has reduced earning potential to begin with (the equivalent would be to tell a New York court that damages to an injured person should be reduced since the victim in black or hispanic, and would earn less anyways).

  2. This is not make sence because 60% of 1.695 millions is more big than the NIS 95000 from article and more even that what can possible be yearly income of 12 year old boy even if in business not charedi? Numbers is not make sence at all.

  3. AARON KLEIN JERUSALEM BUREAU CHIEF OF WORLD NET DAILY STATES THAT ANTI-SEMITISM AGAINST CHAREIDI JEWS IN ISREAL IS WORSE THAN THE ANTISEMITISM HE SAW IN EUROPE.

  4. I agree this story, like many here, is shaky on facts.
    But fyi, it is very common for American courts (and intelligent lawyers who practice in them) to consider a victim’s race and other demographic info (poverty, parents’ education, etc) along with the victim’s expressed plans in trying to determine the (lost) value of future earnings. Of course, this makes it “cheaper” to injure poor people who can often least afford it. But that’s hardly a complaint limited to haredim.

  5. THE REAL ISSUE HERE IS THAT THE INSURANCE COMPANY HAD THE CHUTZPA TO SAY IN A COURT OF LAW THAT SINCE HE IS A CHAREIDE HE WILL EARN LESS NO MATTER WHAT!!!
    REGARDLESS OF WEATHER WE KNOW WHAT HE WILL OR WON’T DO!!!!!

  6. #8 What do you expect the insurance company to say (regardless of whether they are third party coverage or whether the boy himself was insured). Hilonim are like that.

    But the holding of the Israeli court is remarkable given their reputation for bias against us.

  7. To # 3: It is with tremendous heartbreak that I say that I don’t disagree w. the Mr. A. Klein’s statement. However, in this case, it seems the court did award the injured party very generously. So I think credit & praise should be given when due.

    Please understand that it is the job of the insurance co’s rep to come up w. anything that might get them off the hook from paying the claim. So they are not necessarily being anti-semites by claiming this convoluted taina that a chareidi needs less money.

    In the above-mentioned case, I must say, I don’t see any outstanding chareidi-bashing.

  8. So if an extremely verbal and musical 5 year old loses his voice to throat cancer, should he be awarded millions because the family has a history of cantors and voice lesson teachers, and he could have been very successful in the field?

    The tragedy in this story is that in Israel the charedim are treated with such hate. But I am sorry, I don’t see how anyone can tell that a 12 year old will become a judge.

  9. in america, the payment would be for lost future earnings. face it — a yeshiva bochur has slim pickings if he goes into the job market.

    unless his parents or in laws have $$$$$$

    thats the truth!