I have the license number, and day and time of where it happened. it's the second time in 3 months this has happened and I don't think it's fair I should have to keep paying for this.
2006-11-16 00:28:14 · 15 answers · asked by don 1 in Business & Finance ➔ Insurance
What if your car kicked up a rock and cracked my windshield? Would you feel responsible to pay me? Of course not.
Obviously, the person responsible is the kid that threw the rock out into the road. Good luck finding him or getting any money out of him.
Act of God, indeed! Silly woman.
2006-11-16 00:38:07 · answer #1 · answered by Mr. Peachy® 7 · 0⤊ 0⤋
I would call the dumptruck company and explain the situation. This happened to us a few years ago, and the company agreed to at least pay our deductible so we were not out of anything. It was worth the phone call! The worst they can say is no, right?
2006-11-16 00:37:55 · answer #2 · answered by browbot 1 · 0⤊ 0⤋
Yes, they are legally responsible for it. Tracking them down, however, is another story.
You should report this claim to your carrier, pay for the repair, and have your agent call the adjuster WEEKLY until they've subrogated for the repairs.
Hopefully, the dump truck is owned by a private company and not a governmental entity (such as highway department or public school). Because if it's owned by a governmental entity, they don't have to pay - governmental immunity.
2006-11-16 00:41:36 · answer #3 · answered by Anonymous 7 · 0⤊ 0⤋
When this happened to me I was in traffic so it was not difficult to get the license of the truck. When I call my insurance they said it was considered an "Act of God." If I wanted to file suit in small claims court for the deductable I could but it was their experience that I would be unsuccessful.
2006-11-16 00:41:27 · answer #4 · answered by dozierrobert 1 · 0⤊ 0⤋
The dump truck has no control over the rocks on the road. They have no liability in this case. Had the rock come from the load on the truck they would be liable.
2006-11-16 00:41:54 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If it kicked up a rock they are not liable for that, if they were overloaded and a rock flew out of the truck they are liable for that. You will have to prove that for their insurance company to pay for it. A lot of businesses are pretty reasonable and if you present your story to them and are honest they may pay you out of pocket. If not, contact their insurance company and file claim, it can't hurt to try.
2006-11-18 06:39:17 · answer #6 · answered by bbumple 2 · 0⤊ 0⤋
That may vary from state to state, but in Oklahoma, it is considered a "road hazard" and the vehicle is not considered at fault. The rock must come from the vehicle for them to be liable.
2006-11-16 00:32:34 · answer #7 · answered by nurse ratchet 6 · 0⤊ 0⤋
In many causes if you have comprehensive you can have the windshield replace without a claim on your policy and you pay the deductable.
2006-11-16 06:55:53 · answer #8 · answered by Marie 4 · 0⤊ 0⤋
No. I agree that it isn't fair. It does, however, come down to your word against theirs and it is legally considered an uncontrollable accident. Neither the legal system or the insurance will consider such a claim.
2006-11-16 00:32:10 · answer #9 · answered by Letsee 4 · 0⤊ 0⤋
Maybe I'm wrong, since everybody here has expressed the opposite opinion, but I believe there is an obligation for a vehicle to secure its load properly.
2006-11-16 00:37:57 · answer #10 · answered by Coffee Quaffer 4 · 0⤊ 0⤋