Israeli Court Awards Nearly 300,000 Shekels to Man Traumatized as Infant in 2005 Car Accident
A 22-year-old Israeli man will receive approximately 295,000 shekels in compensation for psychological injuries sustained as a toddler in a 2005 car accident. At the time of the crash, he was just one year and ten months old and was seated in a child safety seat in the rear of the vehicle. The court ruled he suffered a 10% mental disability due to the accident, despite no physical injuries. The lawsuit was filed against his father, who was driving the car and was left partially paralyzed, as well as the vehicle's insurance company. Under Israeli law, passengers must claim compensation from the driver of the vehicle they were in, regardless of fault.
The Tel Aviv Magistrate’s Court rejected the insurer’s argument that the man was not entitled to compensation because he had no physical injuries and had not proven direct psychological harm. Judge Amir Chechnovitz cited expert testimony confirming the man’s mental disability stemmed partly from the trauma of being in the accident and partly from witnessing the severe injuries his parents suffered. The judge noted that although the man has no cognitive memory of the event, he retains emotional memories that deeply affected him.
Despite the trauma, the man completed mandatory military service, including combat duty in Gaza and Lebanon. The court awarded him 250,000 shekels for future lost wages and pension, 15,000 shekels for medical and travel expenses, and about 31,000 shekels for pain and suffering. Attorney Yosef Nachshon, representing the plaintiff, called the ruling precedent-setting, emphasizing its recognition that psychological damage can occur without physical injury and that trauma to a child passenger includes the impact of harm to their parents. He said the decision strengthens victims’ rights in road accident claims.