Insurance Claim for Damage by a Gentile

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Question

A gentile damaged the rear window of his car. If he files an independent claim with his insurance, he will receive a new window without any damage (no premium increase and no deductible). On the other hand, if he claims against the gentile's insurance, the gentile will have to pay the deductible. Can he claim from his own insurance and collect part or all of the amount from the gentile, and if he does not collect, is there an issue of 'do not show them favor'?

Answer

If he does not collect, there is no issue of 'do not show them favor'. If he wishes to claim both from his insurance and personally from the Arab, he may do so, provided he does not lie to either the Arab or the insurance company.

Source

Shulchan Aruch, Choshen Mishpat, Siman 249, Yoreh De'ah 151

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