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Ruling: The Maharsham (IV, 7) deals with one who burns down another’s insured house. He says that at the time of the damage, the damager became obligated to pay and that the homeowner’s external agreement with an insurance company is not a reason to exempt the defendant from paying. It is not the damager’s business whether the homeowner will keep his payment or return it to the insurance company. The Ohr Sameiach (Sechirut 7) and beit din agree with this logic. Thus, pl could have demanded the full price of the car, which he did not. Beit din does not order greater payments than a plaintiff requested (Rama, Choshen Mishpat 17:12) because we interpret the lack of claim as mechila (relinquishing of rights) on the additional money.
Is the outlay for the premium too indirect (grama) to demand? It is not dina d’garmi (which one has to pay) because the Rosh says that this is only when the damage occurs immediately and was an expected outcome of the action. In this case, neither condition is met because pl pays the premium later and not everyone has this type of policy. Nevertheless, one can obligate payment for two reasons. First, def benefited from the insurance policy, in which case, he should pay the indirect expenses that are related to it. The Minchat Yitzchak (II, 88) employed this logic to obligate payment for an increase in premium of the damaged party after he was mochel the damage payment because of the insurance coverage. (Beit din inferred this position from the Rosh.) Even those who argue with the aforementioned Maharsham would agree that one should reduce the added expense from the insurance in considering whether the policy actually covered all of the expenses. If not, one can make a claim on the direct damage. Also, beit din can obligate one who causes grama damage as a penalty when it is a common case (see opinions of Shach (386:3) and S’ma (386:8)). Since car accidents with insured cars are common and the public has an interest to discourage negligence, it is appropriate to be stringent.
Even if def is not obligated for the premium, def stills owes the amount that pl is claiming due to the direct damage. Because of the indirect damage, pl is unwilling to be mochel the entire amount. If one wants to consider there to have been mechila, it is a mistaken and thus invalid one. Therefore, def is obligated to pay.
P'ninat Mishpat (834)
Various Rabbis
64 - Order for Services
65 - Payment for Indirect Damage
66 - A Deal Arranged Through a Middleman
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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 P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Hosha'ana Rabba FLYDUBAI & HOSHANA RABBA- ANI VAHU HOSHIA NA- I & HIM SAVE US
"Ani vaHu Hoshia Na", "I and Him, Save Us". We don't just pray to Him, but we also pray to and for ourselves that we should emulate and educate our children to have that instinctive altruism with which He created the world. President Trump seemed amused about Yaniv Hayon, our PLUMBER who confidently worked with G-d like Superman (he learned from a pilot on a TV show!) to save 174 lives on the Dubai hijacking, but we in Israel are totally accustomed already 78 years to our plumbers, teachers, garbage-men, rabbis, farmers & doctors being Hashem's shlichim! This is what Zionism is about.
Moreshet Shaul Hashem Is your Shadow – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 420 – an address from 1941
P'ninat Mishpat A Non-Contractor in Changing Times – part I
(based on ruling 85128 of the Eretz Hemdah-Gazit Rabbinical Courts)
Moreshet Shaul Our King on Rosh Hashana, Our Father on Yom Kippur.
Based on Aroch Siach, p. 221 (Rav Shaul Yisraeli)
