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Def offered to pay pl for his damages using an auto garage that he knows. Pl refused, based on the advice of his insurance agent, and had the damage professionally appraised, after which he took the car to an expensive garage. The cost was 15,000 shekels, including the appraisal. Def says that he could have had it fixed for 4,000 shekels, had pl agreed to his garage.
Ruling: The gemara (Bava Kama 85a) discusses the medical payments of one who caused bodily damage to another. The gemara says that if the damager says that he wants to heal the injured person himself, the latter can refuse. Likewise, he can refuse for the damager to bring someone to heal him for free. As the gemara explains, the (lack of) quality one gets when the healer is not paid is expected to show. Similarly, one cannot bring a doctor who lives in a distant place because he does not have the same level of accountability. However, the underlying concept that we see from the gemara is that if the means of remedying the situation are reasonable, the damager, who has to pay, has a say in choosing the means of remedying the situation.
Thus, to the extent that def is to pay, it is his right to try to negotiate as cheap as reasonable a price for fixing the car, on condition that is within accepted standards. By employing a professional appraiser, one has to add to the cost of the appraiser the fact that once he has set a price, there is no leverage to get a garage to do the work for cheaper. Therefore, since def agreed to pay for damages through his sources, pl should have gone through that process.
At this point, pl has two options. If he wants to receive payment from the insurance company, he is likely to receive the full amount set by the appraiser (which is why he originally used one), and he can proceed in that way. If he continues to sue def directly, then he is entitled only to the sum of a more reasonably priced professional job. Beit din has the authority given to it by those who sign the arbitration agreement to employ their own experience and reason. (This is the correct approach, as a further appraisal will just add to the price). They set the price at 9,060 shekels.
P'ninat Mishpat (835)
Various Rabbis
205 - Wrong Way Collision
206 - Wrong Way Collision
207 - Access to a Sold but Illegal Storage Area
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
