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Ruling: There is much discussion among contemporary dayanim whether or not one accused of causing damage for which he is insured needs to go to beit din if their decision will not obligate his insurance company. Even according to the opinions that he does not need to come to beit din, in this case there is a need for adjudication in beit din because pl is also demanding compensation for the possible raise in premium, which he cannot demand of the insurance company. If we will decide that def is obligated to pay, we will deal with the question of whether he has to pay himself or whether he can be covered by the insurance company if the courts obligate them.
[We will start looking into the question of responsibility for the damage, with general sources, and will continue with more sources and analysis of what happened next time.]
The Rosh (Shut Harosh 101:5) rules that one who damages by means of the horse he is riding pays under the category of a person’s damage (as opposed to, for example, the category of "an ox which damages"). The Aruch Hashulchan (Choshen Mishpat 378:20) rules that the same is true of one who is driving a horse-drawn wagon, and the same is true of driving a car.
There is a machloket how to apply the guidelines regarding collisions (which are discussed in Bava Kama 48b). According to Rashi (ad loc.), if either, both parties were in a position they were permitted to be in or both were in a position they were not allowed to be in, if one caused damage by an action, he is obligated even if he did so accidentally, and if he caused damage by failing to do something, he is exempt. Even if one was in the position properly and the other improperly, but the one who was there properly was aware of the presence of the other, if the proper one damaged by an action, he is obligated, and if by a lack of action, he is exempt. According to the Rambam (Chovel 6:3), in all the cases, if one damaged purposely or through negligence, he is obligated, and if he damaged without negligence, he is exempt. In one place (CM 378:6), the Shulchan Aruch rules like the Rambam, whereas in another (ibid. 7), regarding both being in the same category of appropriateness of presence, he rules like Rashi. Most Acharonim understand the Shulchan Aruch as having a hybrid position. It comes out that in our case, if def was in the right place and pl was not, def will be exempt; if they were of the same category, then if def saw pl, he would be obligated for the collision.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
719 - Why Did they Stop Working?
720 - Car Accident – part I
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
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Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
