I obtained my driver’s license five months ago. Under current law, in order to receive a permanent driver’s license there is an “accompanied driving period,” during which, for three months, I must drive with an accompanying driver around the clock, followed by another three months during which this is required only at night. In addition, at the end of the accompanied driving period, I must complete a declaration form stating that I drove with an accompanying driver for 50 hours (15 during the day, 15 at night, and 20 on intercity roads), and the person who accompanied me must sign it. Most of the friends I asked said that they simply asked a friend for his ID number and signed his name as the accompanying driver. The question is: A. Does this violate the prohibition, “You shall not deal falsely, one with another”? B. If, Heaven forbid, I later have an accident and the insurance company pays, should there be concern that had they known I did not have a permanent license (meaning, that I had not actually completed 50 hours of accompanied driving), they would not have agreed to insure me at the regular premium, and it would therefore constitute theft? (The insurer is a private company.) Thank you!
Greetings and blessings. The prohibition, “You shall not deal falsely, one with another,” was stated regarding one who swears falsely, not regarding speaking falsehood. Likewise, with respect to the Torah’s warning, “Keep far from a false matter,” the early authorities disagree as to whether it applies only to a judge or to every person. Even according to those who maintain that it applies to every person, it applies only when another person is harmed as a result. In addition, the halachic authorities disagree whether the prohibition against falsehood applies to writing and signing, or only to speech. Nevertheless, there is no doubt that anyone who signs a declaration that is untrue falls under the verse, “They have taught their tongue to speak falsehood,” and one must avoid this by every means. This is as Rabbi Yosef Shalom Elyashiv, of blessed memory, would rule: it is prohibited to sign an inaccurate report to a municipality or other bodies, because of “They have taught their tongue to speak falsehood.” Regarding the situation after the fact, in the case of one who signed an inaccurate declaration, in my opinion he has no monetary-law impediment to filing an insurance claim in the event of an accident, Heaven forbid. This is because even in the case of an inaccurate report, his legal status is not that of someone who has no license at all; rather, he is defined as a person whose license the Ministry of Transportation may revoke, suspend, or decline to renew. As stated in the language of the law, section 191B, concerning a false declaration submitted by an applicant for a driver’s license: “The licensing authority may refuse to issue him a driver’s license, suspend his license, or decline to renew it, as the case may be, provided that he has been given an opportunity to present his arguments.” Therefore, since his license remains valid, the insurance is likewise valid, and he has the right, in the event of an accident, Heaven forbid, to make a claim against the insurer. [Except in a case where the insurance policy explicitly addresses this situation.] Wishing you success, Rabbi David Ohayon
This response was translated automatically from Hebrew and has not yet been reviewed by a person. Therefore, it may contain inaccuracies and should not be considered a definitive reference.
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