Compensation for a Sabbath Accident

Damages

Question

If a person drove on the Sabbath and hit my car, is he obligated to pay or is he exempt due to the principle of a greater punishment that exempts from a lesser punishment? If he is unaware of this exemption and wants to pay, can I accept the payment? And if I have already taken it, do I need to return it? And if he has insurance, does that affect the law in this case? (Since a Jew who drives a car on Shabbos is performing an action that is punishable by a death penalty, he is exempted from monetary payments.)

Answer

Dear …!
1. The driver who caused the accident is exempt from payment due to the principle of a greater punishment that exempts from a lesser punishment.
2. If he is unaware that he is exempt, he should be informed that he is exempt. This is a part of a law of returning lost property.
3. When there is insurance, it is permissible to file a claim, since insurance policy is sold to cover such cases as well.

Source

Talmud, tractate Ketubot 30 - 31.
Shulchan Aruch, section Choshen Mishpat, Chapter 351

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