Court Rejects Insurer's Claim Against E-Scooter Shop Over Battery Fire
Translated & summarized from Walla by baba
An Israeli court dismissed a NIS 460,000 claim by Migdal insurance against an e-bike shop owner over a battery fire, ruling the insurer failed to prove negligence. The fire in November 2021 caused extensive apartment damage, but evidence showed no repair work by the shop and the scooter was later charged safely. Migdal was ordered to pay the shop owner NIS 30,000 in legal costs. Annually, about 250 apartments in Israel are lost to electric bike battery fires.
The story in 5 lines · by baba
- Jerusalem court dismissed Migdal's NIS 460,000 claim against an e-bike shop over a battery fire.
- The court found the insurance company failed to prove the shop owner's negligence caused the 2021 fire.
- Migdal paid NIS 400,000 to the policyholder for apartment damages and NIS 15,000 for experts.
- The shop owner was awarded NIS 30,000 in legal expenses due to insufficient evidence.
- About 250 Israeli apartments burn annually from electric bike battery fires.
Jerusalem's Magistrate's Court has dismissed a NIS 460,000 claim by the Migdal insurance company, which sought to recover funds paid to a policyholder for apartment fire damages. Migdal had sued an electric bicycle repair and sales shop owner and an importer of electric vehicles, alleging their negligence in handling a scooter battery led to a fire in November 2021. The fire, which started from a lithium battery while charging, caused extensive damage to the apartment. Migdal had paid the policyholder approximately NIS 400,000 for damages and NIS 15,000 for expert fees.
The court found that Migdal failed to prove its claims. Evidence presented indicated no repair work had been done on the scooter by the shop, as there was no receipt, documentation, or direct testimony. The policyholder's son testified that the charging issue was resolved by purchasing a new charger, and the scooter was subsequently charged multiple times without incident, severing the link between the shop's actions and the fire. Migdal also dropped its claim against the importer.
Presiding Judge Oren Silverman ruled that Migdal did not provide sufficient factual basis to connect the business owner to the exploding battery. Consequently, Migdal was ordered to pay the shop owner NIS 30,000 in legal expenses for pursuing the lawsuit without adequate evidence.
Nationally, approximately 250 apartments are destroyed annually in Israel due to electric bicycle battery fires during charging, according to the Fire Commissioner's office. A tragic incident two years prior resulted in a baby's death in Rekhasim from a similar battery fire. Legal expert Niv Ivri emphasized the critical need for robust evidence in tort and insurance claims, stating that mere allegations are insufficient and plaintiffs must present organized, substantiated proof to establish a defendant's liability. He stressed the importance of preserving crime scenes, thorough documentation, and prompt, professional investigations in property damage cases stemming from electrical products.