Israeli court awards disabled soldier nearly NIS 14 million after 2017 crash

A central district court has ordered roughly NIS 14 million in compensation to a man who was a conscripted soldier when he was badly hurt in a 2017 car accident, one of the largest awards of its kind in Israel. The ruling, issued last week by Judge Irit Cohen, also includes NIS 100,000 for a lifetime gym membership. The plaintiff is now 30, and the court noted that he receives Botox injections every few months to ease pain and allow limited movement, but did not award separate damages for that treatment because it is covered by the health basket.

The case began in August 2017, when the soldier was driving during his regular army service and another vehicle veered into his car. He suffered severe multi-system injuries and was later assessed with a combined 100 percent medical disability, including full paralysis of his right arm, weakness on the right side of his body, and additional neurological, orthopedic, and psychiatric disabilities. Through lawyer Gil Ben Ari, he sought recognition from the Defense Ministry and was approved as a severely disabled veteran receiving a monthly stipend.

Under Israel’s Disabled Persons Law, he must choose between compensation under the road accident law and benefits from the Defense Ministry, though that choice can be made even after judgment. If he takes the court award, he will have to repay the ministry for amounts and benefits already received. He also sued Clal Insurance, which insured the car, asking for funds for 24-hour care, housing, an adapted vehicle, pain and suffering, and a Bioness mobility system.

During the trial, Clal presented surveillance videos from February 2020 and March 2021 showing him driving alone, getting out of the car without help, moving around his vehicle, and handling his cane. The insurer argued that this contradicted his statements and showed he did not need the level of assistance claimed. The judge rejected that argument, relying on a rehabilitation expert she appointed, and also dismissed claims that his life expectancy was shortened, setting it at age 81.5.

The award covers lost wages from his discharge from the army through age 67 and into retirement, third-party assistance, vehicle purchase and replacement, the Bioness device and accessories, lifetime gym costs, physiotherapy, hydrotherapy, pain and suffering, and cannabis-related expenses. About NIS 3.6 million was frozen pending his Social Security Institute claims, with any excess to be offset against the insurer if those benefits exceed the reserved amount. Ben Ari said he is considering an appeal to the Supreme Court, while Clal said it is reviewing the ruling.