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General10:35 · Jun 15

How Israeli drivers can lose coverage after an unnoticed license suspension

By עוד לאה טל, משרד עוד גדעון פנר
Translated & summarized from Walla by baba
The story · English

Thousands of Israeli drivers discover each year that a routine traffic-point suspension can later cost them their insurance coverage and compensation rights after a crash. The article describes a legal trap in which the Transportation Ministry sends suspension notices automatically, insurers later invoke those notices to deny bodily-injury claims, and motorists only learn of the problem after an accident. To explain how this works, the story cites attorney Leah Tal of Gideon Pe'er law firm, an expert in torts and road accidents.

Tal says the key legal doctrine is the presumption of delivery under the traffic regulations. If the licensing authority sends a registered letter about a required driving course or a suspension, the law treats it as delivered 15 days later, unless the driver proves otherwise. She says the insurer must first show that the notice was sent by registered mail, what it said, and that the process was proper. Only then does the burden shift to the driver. She adds that courts can accept evidence that the letter never reached the driver, such as being abroad or a notice sent to the wrong address.

According to Tal, there is also a long-standing Supreme Court principle requiring actual knowledge of a disqualification in some cases, not just presumed knowledge. She says a court can still reject the suspension if the Transportation Ministry cannot prove the letter’s contents, cannot produce a copy of the notice, or if the automated process itself was flawed. She notes that the law requires six months to pass between the notice about corrective action and the actual suspension, and that drivers may request a six-month postponement of the course, which the ministry must grant.

The consequences can be severe. If the insurer proves proper service and the driver fails to rebut it, the driver is treated as having driven without a valid license, losing entitlement to compensation under the Road Accident Victims Compensation Law, including from Karנית. If another person was hurt, Karנית pays the victim and then sues the driver for reimbursement, potentially for millions of shekels. Tal says a key distinction exists between administrative suspensions and court-imposed bans, and recommends that anyone who suspects a suspension immediately obtain the full records from the licensing authority and the postal service, because evidence can disappear over time.

Read the original at Walla

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