Payment for Increasing Damage and Bringing it to Repairable Condition
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Question
A person had a dent in their car door, but it wasn't significant enough for them to spend money on repairs. Later, someone else damaged the same door, and now the damage is significant, and they want to repair it. How much should the damager pay: only for their part, or for everything, since initially, the owner didn't want to repair anything? Can they take the money and not repair?
Answer
If the payment is made privately by the damager and not by an insurance company, and initially, the owner did not intend to repair, the second party must pay for everything. However, if there was a part the owner was willing to pay to repair initially, it should be deducted now. Only if he repairs can he collect the money; otherwise, if he does not repair, he cannot collect unless the car's value decreases.
Source
Shulchan Aruch, Choshen Mishpat, Siman 387
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