Monetary, Interpersonal Laws and Din Torah (16)
Laws of Vehicles. We are in the midst of discussing the laws regarding vehicle damage and that it is similar to the halachos of “Adam Hamazik.” We now continue in question/answer format.
Question: Reuven had his car stuck because of a flat tire, or deep snow, and Shimon stopped to help him, or was called from the local Chaveirim to help. Shimon was not fully experienced and made a mistake that caused damage to the car. Is Shimon obligated to pay for the damage? Maybe one could reason that since he came to help with the owner’s permission he is exempt.
Answer: If it is a clear negligent act, Shimon is obligated to pay even though he is not being paid and is doing chessed. It is like a shomer chinam - an unpaid guardian - or an uman - worker who works for free and is still obligated for any damage he caused if he was negligent. The rule is that "אדם מועד לעולם" - a person must watch his actions and is required to pay for any damages that he causes. This is true in both of the above-mentioned cases, whether he volunteered to help or was called to help. If he is an experienced worker and did everything in an acceptable manner but by some unforeseen fluke there was damage, he is exempt unless he was paid, when extra caution is required. This is like a shomer sachar - a paid guardian - who is obligated to pay even if there was no real negligence. Here is a possible suggestion. If the one helping out made a condition that he should be exempt for any damage done, he would not have to pay. However, if it is a local organization, or even an individual baal chesed, they have to think it through to determine if that is the way they want to do chessed.
Question: Reuven backed into Shimon’s car and caused damage. Reuven has a body shop “A” that said they can fix it for $500. Shimon always uses a different body shop “B” and has used them for this very car. He has full confidence in them. However, this body shop B wants $700 for the job and he wants Reuven to pay the full amount of $700. Is that a justified claim?
Answer: If body shop A is a reputable, experienced, ongoing, fully functional body shop, Shimon cannot force Reuven to pay the extra amount. However, if body shop A is some backyard “bargain setup” and not very reputable, Shimon is entitled to refuse to let his car be fixed by such an establishment.