Dumpster car damage

I reversed into a dumpster and damaged my car. People are doing shiputzim and put a dumpster in the car park (on the sidewalk) for the building rubble. The dumpster juts out a little into the carpark. I'm used to reversing out and didn't pay enough attention to the new dumpster and bashed into it. Do I have a claim? I can send photos

Shalom!

Thank you for your question.

We are sorry to hear of the damage and aggravation you are experiencing.

As a general rule, you will have no claim against anyone to pay for your damages for the following considerations:

1.  It is common for dumpsters to found on the sidewalks when renovations are being done.

2.   The Halacha is that the car is considered a 'bor' (pit) and 'bor' is exempt from paying damages of 'keilim' (moveable items).

3. You yourself acknowledge that you knew about the dumpster but “didn’t pay enough attention” when backing out.

4.  Even if the dumpster is completely illegally placed there, but as long as it is clearly possible for you to make your way in and out without needing to hit it, the owner of the dumpster would be exempt for this reason alone.

There is a somewhat similar case in the codes that might better illustrate the halachic circumstances for you. Imagine a narrow street with cars parked illegally on each side. If the street is still “drivable” albeit narrow, and maybe a bit tricky, if you drive down the road and damage one of the illegally parked vehicles you will be required to pay for the damage.

See Bava Kamma 28a; CM 379:4 for similar cases.