My friend was driving behind me and apparently a rock flew up from under my truck and hit his windshield. He pulled up next to me right after it happened and said it definiatly came from me. Am I liable???
2006-09-19 17:16:32 · 16 answers · asked by Anonymous in Cars & Transportation ➔ Safety
Hey guys Im splitting it with him no matter what im just wondering...
2006-09-19 17:38:08 · update #1
yea actually hes not makin me pay so its all cool
2006-09-19 17:53:16 · update #2
If it is a question of legal liability, only a judge can determine that point.
To determine liability, multiple factors come into play beyond the circumstance of a rock hittting a windshield. Your friend must prove with "preponderance of the evidence" (which is not as stringent as "beyond reasonable doubt") that you could have prevented the rock from hitting his car to declare you liable. Did you spin out, burn rubber, or take any other action a reasonable person wouldn't do? Was there an action that a reasonable person would do to avoid the situation yet you didn't do? (negligence).
Tort theory and legal liability aside, how do you feel as a friend? Is the friendship worth going at odds and being blinded by the paperwork in a tort case? Just a thought.
2006-09-19 17:29:27 · answer #1 · answered by chesterchaat 1 · 0⤊ 0⤋
How on earth can this so called friend prove it. You didn't plant the rock in road and aim for it did you. Or stop on the side of the road and throw it at their windshield. That's crazy. Maybe he was following too close....
And liable for what? Is this so called friend asking you to replace his windshield? Isn't that what insurance is for? I'd call your insurance company anonymously and ask.
I personally wouldn't require my friend or even a stranger to be liable to fix my windshield if a rock flew into my windshield while I was driving. It would suck incredibly but I don't see how it is their fault. Stuff like that happens!
But honestly, legally I have no idea.
2006-09-19 17:33:39 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Nope, you're not legally liable. Although you have already lost that person as a friend. Either way, short of replacing his windshield he's gonna be upset. If his friendship is important to you you might ask if having the windshield repaired will be acceptable. Then decide how important the friendship is based on his answer.
Now, to answer your question. If the rock? flew up from the road when you drove over it---you are not liable. The only way you're responsible is if the rock came FROM your vehicle, bot BECAUSE of your vehicle. If it originated from the road then it is classified as am accident. I would question the quality of the friendship.
2006-09-19 17:29:12 · answer #3 · answered by dulcrayon 6 · 0⤊ 0⤋
No, and do not accept from any insurance employee that you are. Get the manager on the phone and threaten to change companies if they give you a hard time. If a car hits an object thats airborne, then technically it is no ones fault.
My dad once was driving behind a truck and something fell off and he hit it. The insurance agent asked him, "did it hit the ground first?" My dad said, "yes." and the lady said he was liable. He then said, well in that case, "no, it didn't hit the ground first." The agent tried to tell him he couldn't change his answer. After he explained what a dumb process this was and requested to talk to her supervisor, they apologized to him, and no, he wasnt liable.
Don't let them bully you!
2006-09-19 17:28:23 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Tricky question; but I dont think so; as
You have not control over a rock coming from you car, unless you purposely threw the rock at his car.
Trucks are always throwing off rocks from there wheels, which sucks, but you have to really stay your distance.
Since it was from you wheel, but not your intent, if you don't mind going 1/2 on the cost of a new windshield, than do that.
If you do mind, then don't pay anything out of pocket until you speak to your insurance company.
Be careful with matters like these, as you may not want to loose friendship, so settle matter quick as possible.
2006-09-19 17:28:35 · answer #5 · answered by * Deep Thought * 4 · 1⤊ 0⤋
I wouldn't think so. Think about it, you drive down the street all the time. Junk flies up and hits windshields all the time. Unless you did something negligent (ie: you threw a rock out your window at your friend, or you were carrying a load of rocks in a truck or something, and they weren't tied down properly) then I don't think you would liable for damage. If your friend is trying to get you to pay for it, I don't think that's very fair of them. Do they make every car that drives in front of them that causes stuff to fly up and hit their car stop and pay damages? I assume not. So they aren't justified in singling you out. Even if they did take you to court, your friend would have to prove that you did something negligent, otherwise it's just one of those naturally occurring road hazards.
2006-09-19 17:27:51 · answer #6 · answered by Anonymous · 1⤊ 0⤋
NO! That is a common road hazard. Now if the rock flew OUT of your truck that would be a different story.
2006-09-19 17:30:33 · answer #7 · answered by tooyoung2bagrannybabe 7 · 0⤊ 0⤋
well I called progressive and they said it all depends on the insurance company policy you have.
In that case if it came off your truck like fell off the back of the truck then you would be liable but if it came off the freeway/highway then you wouldn't be.
2006-09-19 17:39:58 · answer #8 · answered by lalondejr_donald 2 · 0⤊ 0⤋
As it happened behind u. I say u r not liable
2006-09-20 04:07:50 · answer #9 · answered by Anonymous · 0⤊ 0⤋
You are not liable, if he was on the highway and it happened who would he blame. He would go through his insurance and pay his deductible and get it fixed.
2006-09-19 20:24:07 · answer #10 · answered by ? 2 · 0⤊ 0⤋