My friend left the country for several months and offered his car for rent to me while he was gone. He said several times that he would add me to the policy and also add comprehensive insurance which he never carried. He said he would provide a written agreement. In the end he did neither. I drove the car without insurance at all for a month. One night I scraped a guardrail damaging the left side of the car. He wants me to pay. My position is that I never would have driven the car knowing there was no insurance. What us the extent of my responsibility?
Answer by Horav Yosef Fleischman.
According to your question you were supposed to receive a policy which you didn’t and perhaps you would have been charged premiums which I guess you never paid. Therefore while you state you were supposed to have insurance did you have an indication that in fact you weren’t covered? In any case it is impossible to answer your question without hearing the owner’s position. Therefore beis din is the proper venue for this question.