Is it possible for an insurance company to double the compensation to an insured person 50 times – just because a lawsuit was filed against her? This is according to a lawsuit filed by attorney Little Bieber-Chaikin on behalf of a young woman from Bnei Brak, after the insurance company offered to compensate her with only 3,000 shekels, following an accident in which she was involved in a bus while driving her car.
The accident occurred at 7:50 a.m. on March 1, 2024. D., 35, left her home in Bnei Brak on her way to work as a senior manager at a public non-profit organization. While driving her car on Highway 482, east of Ayalon Mall toward Ramat HaHayal, she began to slow down due to traffic congestion in the area. Then, suddenly, she felt a loud bang that shook her car with great force.
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To her surprise, she discovered that a bus driving behind her had not kept a safe distance and crashed into her car from behind.
As a result of the collision, D's body shook violently. At first, D felt relieved because she believed she had escaped the accident unharmed.
According to attorney Little Bieber-Chaikin, many victims of whiplash - the type of injury typical of accidents of this type - do not feel immediate pain, due to the high adrenaline levels in their bodies at the time of the incident. However, this initial feeling of relief sometimes changes within a few hours, as the adrenaline subsides - and then severe pain begins to appear.
Following the accident, and after the pain began to spread throughout her body, D. went to the "Ma'yanei Hayeshua" on her own. At the hospital, D. was diagnosed with pain in her neck, back, and left hand, along with sensitivity and limited movement.
She was discharged home with recommendations for continued rest, local heating, painkillers, and medical monitoring. At that point, it seemed to her that it was only a superficial injury, but the pain did not go away, even after several weeks, but only intensified.
When D. realized that the pain in her neck and back was not going away, and was even severely affecting her daily life due to the lack of sleep she had developed, she sought comprehensive imaging tests. CT scans conducted on her revealed that she was suffering from herniated discs in her neck and back, as well as a slipped disc in her lower back.
Despite the pain, D. continued her demanding work, coming to the office every day and managing a team of employees, but according to her testimony, life after the accident never seemed the same.
At this point, D. sought the help of attorney Little Bieber-Chaikin, who specializes in exercising the medical rights of traffic accident victims. The attorney sent a letter demanding compensation on D.'s behalf to the Harel company, which insured her vehicle with compulsory insurance.
In response to the letter of demand, the company replied that in its assessment, D. does not suffer from any disability as a result of the accident, and therefore it is willing, in accordance with the law, to compensate her with 3,000 shekels, which will also include attorneys' fees, in exchange for the settlement of all her claims and lawsuits in the future against the company, due to this accident.
According to Attorney Bieber-Chaikin, this was a humiliating offer, and she recommended that D. reject it outright, not give up, and file a claim against the insurance company. At the same time, the lawyer filed a claim for compensation from the National Insurance Institute, since the accident occurred on D.'s way to work - and therefore, according to National Insurance regulations, it is considered an occupational accident.
Attorney Bieber-Chaikin's request was soon accepted, and D. was recognized as a work-related injury. She was summoned to a National Insurance medical committee, where it was determined that as a result of the accident she was left with permanent and weighted disability at a rate of 9.75%: five percent for the neck injury and five percent for the back. Due to the recognition, the National Insurance paid her a one-time benefit of 42,000 shekels.
Based on the National Insurance Institute's determination, Attorney Bieber-Chaikin filed a lawsuit against Harel, seeking to recognize her client as disabled according to the regulations of the law for traffic accident victims. In light of the medical committee's determination, Harel gave up the legal battle and quickly turned to compromise efforts.
Following negotiations between the parties, a compromise agreement was recently reached, according to which the insurance company will compensate D. with 152,000 shekels - compensation 50 times higher than its initial offer.
The arrangement was submitted to the Rishon LeZion Magistrate's Court and signed as a final judgment.
In total, D. was awarded a total compensation of approximately 194,000 shekels following the accident. According to attorney Little Bieber-Chaikin, this case illustrates how important it is not to be satisfied with the insurance companies' opening offers, and how essential it is to persevere and wage a stubborn fight until receiving just and appropriate compensation.
