Country: ארצות הברית

Question

I was stopped at an intersection at a red light when a vehicle that came from behind lightly collided with me, causing damage to my car’s bumper and rear lights. A vehicle appraiser assessed the damage at a relatively high amount. May I receive the full amount from the car insurance company when I know with certainty that the payment is greater than what is needed to repair the vehicle, or must I accept only the cost of the repairs?

Answer

You may receive from the insurance company the full payment they offer you for repairing the vehicle. Likewise, you may initially demand from them the full amount determined by the appraiser. This is because the driver of the vehicle that caused the damage pays insurance companies for an insurance policy, thereby purchasing a policy under which the insurance company undertakes to pay the injured party, in the event of an accident, the amount determined “according to the appraiser’s assessment.”
Therefore, you may receive or claim from the insurance company the full payment that the insurance company undertook to pay the policyholder in the event of an accident, regardless of the repair costs to which you are entitled under Torah law.

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