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(live here) – Sued the Haifa municipality for damages caused to his Porsche tires as a result of a gaping pothole on the Histadrut road and won. The municipality will compensate him in the amount of NIS 7,020 and court costs in the amount of NIS 1000.

Last month, the Haifa Small Claims Court accepted a lawsuit filed by a citizen whose Porsche tires were damaged as a result of driving on the Histadrut road in the city and required the municipality to compensate him in the amount of NIS 7,020.

According to the plaintiff, on 22/1/21 around 20.00 he was driving his car on Histadrut Boulevard in Haifa. During the trip, the vehicle fell into a hole that was open in the middle of the road. As a result of the vehicle falling into the pit, the front tire as well as the rear tire were torn and completely destroyed. The purchase of the tires to replace them cost him NIS 7,020, which were paid to a business located on Bar Yehuda Road in the city. The plaintiff also claimed that the municipality is responsible for the road and its maintenance and as a result of its negligence he suffered actual damage. The negligence is reflected in the failure to cover the pit and the lack of reasonable lighting in the place.

Before submitting the lawsuit to the court, the plaintiff, through his attorney, contacted the municipality of Haifa and announced that his car had been damaged and that the municipality must cover this damage. On 19/1/22, the municipality informed the plaintiff that it had forwarded his request to a lawyer's office on its behalf. However, despite repeated requests to the municipality, it did not bother to respond to the plaintiff's request.

The plaintiff's testimony given in court:
"On a rainy day I was driving on the Histadrut road at the speed limit of 60-7 km/h and there were potholes that I didn't see because there were puddles. I went over a pothole with both front and rear wheels. I was not driving at a high speed as the municipality claims. My car is a convertible and it is a low car and the wheels are low. I reported the hazard to the municipality, an inspector arrived at the scene and they even gave a call number. Photos of the pits were also taken."

"I believe that the plaintiff proved that a pothole in the road caused damage to the car and I trust the plaintiff's testimony which was supported by the photos he attached from the time of the incident." The senior registrar, Benjamin Ben Simon, said, "It is important to note that the municipality knew about the incident, not only from the circumstances of the plaintiff's case but from other similar cases. And as evidence, a municipal employee arrived at the scene and placed a sign on the spot intended to warn other drivers not to approach the scene. The representative of the municipality who was present at the hearing confirmed this fact. The municipality did not prove at all that the plaintiff was negligent in his journey, and this in the absence of any empirical data to support this claim."

In the verdict, the senior registrar, Binyamin Ben Simon, wrote: "The municipality is responsible for the condition of the roads in the city. There is no place for the municipality to shirk its responsibility by claiming that it is protecting public funds. If the municipality is protecting public funds, it should take care of the maintenance of the roads and not wait for potholes to form and then take the trouble to fix these potholes. Public interest First and foremost is the proper maintenance of the city's roads. The municipality should work tirelessly to ensure that the roads are maintained in the best possible way to protect the property of the city's citizens and, more importantly, their safety. A gaping pothole on an interstate road is very dangerous to public safety and it is the duty of the defendant to prevent such hazards. Therefore, I order that the municipality will compensate the plaintiff for the damage caused to his car, amounting to 7,020 NIS. The municipality will also pay court costs in the amount of 1,000 NIS."

contact: At watsapBy email

Samar Odeh - Carantinji
Samar Odeh - Carantinji
Journalist in the team of correspondents of the Chai Pe site • Municipal reporter, crimes, environment and health Contact Samar by email: [email protected]

Articles related to this topic

13 תגובות

  1. The municipality of Haifa urgently needed to pave the roads in the city. Driving in the city became unbearable
    It's time, Mrs. Mayor, to use the high Aronana funds!

  2. It's a shame that they are waiting for a lawsuit to fix it, I have warned many times about the broken road and the potholes on the road from the descent to the Shemen beach interchange to the port in both directions, and nothing has been done,

  3. If the municipality is protecting public money, it should take care of the maintenance of the roads and not wait for potholes to appear and then take the trouble to repair these potholes. The primary public interest is the proper maintenance of the city's roads. And this is what the municipality does not do

  4. In the municipality of Haifa you drive on bumpy roads and pothole after pothole.

  5. There are officials at the top of the municipality whose relatives own central car garages in the city. So they have an interest in not treating these hazards.

  6. The municipality of Haifa treats ordinary citizens like a municipality in Gaza

  7. In my opinion, the time has come for a class action lawsuit against the municipality and the issuance of an injunction. The damage to the rims of my car is crazy with scratches from every pothole you go into and there is no road without potholes. And not to mention tires that I have already changed many times. A phenomenon known especially in vehicles with low-cut tires. I drive a Tesla 3P and I don't want to cry but any tire damage is about 4 tires on a normal family vehicle…. And I have already changed 4 tires because of these potholes in Haifa. Illusory city. and failed.

  8. Unbelievable Haifa roads are terrible! And it is necessary to justify the use of the necessary road
    Fix !
    Those who do not understand what indirect damage is done to luxury vehicles other than obvious damage such as
    Article . Because of the dilapidated roads, there is damage to the shock system, the car's computer, and cuts in the tires that wear out in less than a year
    And they need to be replaced!
    The claim should be representative for an amount of several millions
    Or in one definition, the amount not spent on the road repair will be forfeited
    From the municipality on tires, the shock system and the car's computers!

  9. It is very important that the Haifa municipality compensates.

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