Damage to a Rented Car
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Question
(I have already sent this question, with less detail, and as the rabbi requested to elaborate and attach the necessary documents, I have done so) I rented a car from a Jewish rental company. The contract stated that I fully rely on them regarding all damage claims and will not contest them. The car was intentionally damaged by a third party during the rental. It is not possible to hold accountable the person who did it because I do not know who it is. Someone broke both mirrors while I was inside the house, I went out and saw him doing it from afar and he ran away when he saw me. They claimed an astronomical amount for damages due to various factors, some of which I caught them lying about. First, they said mirrors are not covered by insurance, and each mirror costs between 6000-7000 shekels, additionally, I need to pay 3000 just for them to handle it. (They have already charged my credit card with the 3000, which this question concerns whether I can dispute the charge). After I proved that it is not written in the contract that mirrors are not covered by insurance, and also not written that I must pay them 3000 just to deal with it, and also showed them quotes from many companies that mirrors cost only 1000 each and not 7000, they retracted these claims. But then they said the law is they need to replace the mirrors with new ones that have not been used and these cost 7000, and insurance does not cover negligence. And after I proved to them that there is no such law and that it was a case of duress, they stopped responding to me. Since I found they are deceiving me regarding other matters, can I now demand they prove their quote with a receipt of damage repair before I have to pay, even contrary to what I signed in the contract, since I can no longer rely on them seeing they are deceiving me, and that I would not have signed a contract with fraudsters, and maybe there was no need to replace the mirrors at all, just glue (which is what seemed to me at the time was all that was needed) which costs almost nothing. Also, the contract does not state to demand payment even for such damages (by another intentionally, which was completely out of my control), only mentions "damages" and thus can it be exempted by the principle of "duress similar to theft". Although I signed the rental to be liable for duress because there was no detail even on such duress. And as the rabbi shlita requested, I attached the contract. Thank you very much.
Answer
Hello,
After reviewing the contract, there is essentially no question.
You signed that the arbitrator would be the Beit Din of Rabbi Nissim Karelitz ztz"l. Therefore, arbitration by anyone else is irrelevant.
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