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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 (829)
Various Rabbis
64 - Order for Services
65 - Payment for Indirect Damage
66 - A Deal Arranged Through a Middleman
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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: How Many Dayanim?
based on ruling 84139-1 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
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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.
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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.
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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.
