Disparities on the Basis of Nationality, Ethnicity and Gender in Road Accident Compensation in Israel

Journal of Law and Courts 2022

29 Pages Posted: 8 Apr 2022

See all articles by Yifat Bitton

Yifat Bitton

Achva Academic College

Tamar Kricheli‐Katz

Tel Aviv University - Buchmann Faculty of Law

Date Written: February 25, 2022

Abstract

This study documents disparities on the basis of nationality, ethnicity, and gender in court awards regarding the loss of future earnings in road accident cases in Israel. We analyze a random selection of 236 court decisions in road accident cases (1978- 2018). We show that although in Israel the reliance on sex and race based statistical data to calculate damages in tort cases is a prohibited practice, courts tend to reach lower estimates of the future lost earnings of Mizrahi Jews, Arabs, and women than the future lost earnings of otherwise similarly situated Ashkenazi Jewish men.

Keywords: discrimination, road accidents, torts

Suggested Citation

Bitton, Yifat and Kricheli Katz, Tamar, Disparities on the Basis of Nationality, Ethnicity and Gender in Road Accident Compensation in Israel (February 25, 2022). Journal of Law and Courts 2022, Available at SSRN: https://ssrn.com/abstract=4043807

Yifat Bitton

Achva Academic College ( email )

Israel

Tamar Kricheli Katz (Contact Author)

Tel Aviv University - Buchmann Faculty of Law ( email )

Ramat Aviv
Tel Aviv, 69978
Israel

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