Question:

Miss B employed Mr. A to find her a second hand car to buy and she paid Mr A 1500 NIS. Miss B bought the car that Mr A recommended. A few days later Mr A was driving the car somewhere on behalf of Miss B to have some improvements carried out to the car. Mr A had a collision with a bus. Mr A claimed that the bus driver was at fault and the bus driver claimed that Mr A was at fault. There are no witnesses. Mr A said that he could have the remedial work carried out to Miss B’s car for around 1500 NIS at Miss B’s expense. Mr. A later offered on the telephone to Miss B’s father to pay part of this cost but he didn’t say how much. Miss B submitted an insurance claim to her insurers for the damage to her car. She was also worried that maybe the bus company will sue her for the damage to the bus. The Insurance Company’s Shamai said that the cost of repairing the car with new parts is around 6000 NIS. The excess on her policy is 1900 NIS. Miss B therefore suffered a loss of 1900 NIS. In addition because she had a claim against her insurers she will pay a higher premium for the next three years, thus incurring further losses. What is the Halacha? Is Mr A liable to Miss B, and if so, how much is he liable to pay? Is he liable to pay the 1500 NIS that he said he could get the car repaired for with second hand parts, or is he liable to pay the 1900 NIS excess on the insurance claim that Miss B has lost? Is he a Shomer Sachar? If he takes a Shavua that he was not negligent does he have to pay? Does he have to pay any part of the increase in premiums over the next few years? Thank you.

Answer:

If A is a shomeir sochor depends on whether the he was doing the improvements as a favor or it was related to the money he was paid By B bec if related to the money i.e. part of the job he is a shomer sochor. Also was his driving for the purpose of the improvements or he just drove the car for his own use?. Did he have permission to drive it? All these are significant to determine what type of shomeir he is

Yosef Fleischman

 

Tags: damages shomer

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