Q. I borrowed a car and had an accident that damaged the bumper of the car to the extent that the bumper had to be replaced. The car was leased and was going to be returned just a week after when the accident happened. There was existing damage of $250 to the bumper, while the cost of replacing the bumper is $1,200.
My question is as follows: Had I not borrowed the car, the owner of the car would be paying the leasing company $250. Should the owner of the car not deduct the $250 from the $1,200 because he was going to pay that amount anyway? Or, is it my obligation to pay for the replacement of the bumper regardless of the condition of the bumper prior to the accident?
Insurance will not be used.
A. Horav Shlomo Miller's Shlit'a opinion is that, although you may be in principle correct, other factors may be involved, that could make a difference and they may have to be clarified first. It is the Rov's Shlit”a custom not to respond to monetary questions involving other parties in this forum, since both sides should be consulted together. As the posuk rules; “Sh’moa Bein Acheichem” (Devarim 1: 16, Sanhedrin 7b, Shulchan Aruch C.M. 8. 4)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
Important Numbers
