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July 10, 2011 2:45 am at 2:45 am
#784707
I can only try
Member
As far as the chiyuv of the mazik to make good for the actual hezek, I can’t imagine how this would be mesira.
The issues I see here are:
1) Would the mazik suffer additional penalties, such as losing his/her license, or even more severe penalties for hit-and-run? If so, would this constitute mesira?
2) Halachikly, I believe the only chiyuv the mazik has is for the lessening of the value of the damaged object, while U.S. law may carry a greater obligation; that of restoring the damaged area into a like-new state. Does the fact that the mazik may be civilly liable for a greater amount than halacha dictates play a part here?