Generally, a driver injured in an accident involving a third party will seek compensation from the mandatory insurance company that insured the vehicle they were driving. According to the Israeli Compensation for Road Accident Victims Law (CAVI), any person injured in a road accident is entitled to compensation for their injuries, regardless of fault. However, an exception to this rule is for drivers and/or passengers in a vehicle without mandatory insurance.
In certain circumstances, a passenger in a vehicle without mandatory insurance may still have the option to sue the insurance company that insured the offending vehicle and its driver under tort law.
When is this possible?
This is only possible if it can be proven that the accident was caused by the fault of a third party involved in the accident. In such cases, the compensation may be significantly higher than what the injured party would have received under the CAVI.
It should be noted that if the uninsured driver is involved in a self-inflicted accident without the involvement of another driver, they will likely not have any possibility of receiving compensation without valid mandatory insurance.
What are the differences between a claim under the CAVI and a claim under the Tort Ordinance?
In a claim under the CAVI, there is no need to prove the fault of the party responsible for the accident. In contrast, in a claim under the Tort Ordinance, the plaintiff must prove the liability of the offending driver. Additionally, the question of contributory negligence by the uninsured driver is a matter to be discussed in a claim under the Tort Ordinance and has financial implications on the final compensation. On the other hand, the issue of contributory negligence does not arise in a claim under the CAVI due to the provisions of the law.
Moreover, the financial compensation awarded to an uninsured driver who proves their claim against a third-party driver and the insurance company under the Tort Ordinance may be significantly higher than under the CAVI, as the plaintiff under the Tort Ordinance is not bound by the limitations and restrictions on the amount of compensation that exist in the CAVI.
