I was driving a good distance away from someone on the highway, doing 65-70. The entire roof of their car was covered in ice and a huge sheet of it came off, flew about 30 feet in the air, and slowly came down and hit my car. It caused a lot of damage to my bumper. I called the police and they did not cite him for it. I think he is very negligent and he should be responsible. Even my insurance company won't take my side. What should I do now?
2007-02-15 10:06:22 · 12 answers · asked by mike s 2 in Cars & Transportation ➔ Insurance & Registration
Geez...some of you people. All I was doing was driving...I was (what everyone considers) a safe distance away, and in a lane to the left of his vehicle. It is YOUR RESPONSIBILITY to clear ice off of your car, because obviously, it is a danger to everyone on the road.
2007-02-15 11:13:19 · update #1
You should obviously learn to leave enough distance between you and the vehicle in front of you to not get damaged, especially at 70 mph when there is ice on vehicles.
If you have collision use it to fix the damage. Don't forget you will have to pay your deductible.
2007-02-15 10:17:48 · answer #1 · answered by oklatom 7 · 0⤊ 0⤋
He's not at fault because human beings (Outside of the X-Men movies) don't have the power to control the weather and conditions arising from the weather. He was also not commiting an illegal act when the ice flew up and hit you. He was driving -- Just like YOU were.
I know you'd like to find anything to point your finger at which will take away your responsability to accept the facts, but there isn't anything.
What you should do now is either pay for the damages to your vehicle or leave it unfixed.
Good Luck!
.
2007-02-15 11:07:02 · answer #2 · answered by rob1963man 5 · 2⤊ 0⤋
Actually most people who have answered here are wrong. However it depends on the state. In Maryland: "By law, not cleaning off a car with ice or snow on it is a punishable offense. The same laws that prohibit throwing trash out a car window also holds drivers responsible for scraping ice off the bodies of their cars."
In many states the driver who doesn't clear the roof of their car off is responsible for any and all damage they cause, and is a fine able cite able offense.
2007-02-16 07:45:02 · answer #3 · answered by Dave 2 · 0⤊ 0⤋
Obviously the insurance company is taking the term "negligence" very seriously and does not think that applies in this case. Most of the time with losses like this the carrier will take the position that your damages did not result from any negligent operation of the other vehicle (the driver did nothing under his control like following too closely, losing control, etc). They are considering it a road hazard.
2007-02-15 11:31:41 · answer #4 · answered by Chris 5 · 1⤊ 0⤋
Do you clear all the ice off your car? What about those who have bigger vehicles and couldn't physically possibly remove all that ice? Ice is a part of life in the cold climate.
You should pay to have it fixed, unless you can drive fine with the car how it is.
2007-02-15 14:46:40 · answer #5 · answered by Kaotik29 4 · 1⤊ 0⤋
Hmmm... well the big problem here is PROVING he was at fault. Is he admitting that he knows the ice flew off the car and hit yoru car? Do you have witnesses that stopped and said they saw the ice hit your car?
If this was the case i could see why he would be responsible- it is his job to have his vehicle in safe operating condition. But- its very unlikely you can prove his involvement. Its alot like when rocks fly off semis- they hardly EVER get held responsible.
Plus your going to hear alot of "you need to maintain safe distance" from the car in front of you.
To make a long story short.. yes, your s.o.l.. accept it.
2007-02-15 10:59:43 · answer #6 · answered by Anonymous · 1⤊ 1⤋
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2016-09-29 04:10:11 · answer #7 · answered by ? 4 · 0⤊ 0⤋
It's the same as if a car kicks a rock up at your windshield and puts a crack in it, it's not really the other persons car. I would suggest just not worrying about it unless you have the money to fix it since it is only a bumper.
2007-02-15 10:15:03 · answer #8 · answered by heavy_cow 6 · 2⤊ 0⤋
He didn't put the ice on his car, and maybe he couldn't get it off. If he purposefully left it on there hoping it would fall off and do some damage, then you'd have a case, but good luck proving that. Sue God or Mother Nature...it's their fault.
2007-02-15 10:16:52 · answer #9 · answered by Paul H 4 · 2⤊ 0⤋
You're not gonna like my answer, but here it is....
The moment it left his roof it became a "flying object" (obviously) and when it hit your car it became a comprehensive loss. Comp losses do not have fault/at fault. HOWEVER.....
your insurance company can attempt to subrogate that driver for your damages using your argument...I would if I were your adjuster I would go after them.
2007-02-15 14:10:24 · answer #10 · answered by bundysmom 6 · 1⤊ 0⤋