Have you ever been involved in an accident caused by debris flying from a vehicle in front of you?

Question

And if so, what was the outcome in terms of trying to get the at-fault party to pay a claim if they just kept on going and had no idea what they had caused?

Answer 1

Depends on if the debris flew OUT OF or OFF the car (at fault), or if it was on the road & kicked up by a car (not at fault).

Answer 2

I was involved in a situation with a dump truck filled with garbage. I was actually a good number of feet behind this truck - and still the debris was flying everywhere - hitting cars, people walking, motorcycles, everything! I was able to get the phone number off the truck - but they think they are slick - they have this warning on the back of the truck advising people that debris might fly out of the truck and you should drive 'so many feet' behind. This is supposed to free them from having to pay any claims however, if you get an attorney and can prove that they were neglegent about 'closing' the vehicle properly, you can get something. The settlement was small - and I didn't even get the car fixed, it was only a small ding - it was the idea that a large truck of that size should not have cans, etc. flying out everywhere.

They know if they don't shut those trucks correctly debris will fall out - they don't have to see it -

Answer 3

I have been on both sides of the issue, and the final judgment in court is that this is a "no fault" accident. The person driving over the debris is not responsible for damages to your car. Your insurance covers this type of incident, but unfortunately, you, in this case, are responsible for the deductible. Now, if the debris came out of the back of a truck and there was no cover over the back of the truck to secure the debris, then the truck is at fault, but you have to prove that this happened at a result of the truck drivers negligence, so you have to have a witness that was not in your vehicle. Without the witness, it is your word against the others, and in court, you do not win.

Answer 4

This has never happened to me.... however the trick is this, the object you hit must NOT have hit the ground before you hit it. If you hit an object that was in the air normally your comprehensive coverage will pay out the claim less the deductible. You will NOT get a surcharge. If you are able to identify the party in front of you, feel free to go through their insurance for rental/repairs. Good luck trying to get them to pay though. Your best bet is go through your own insurance and let them chase the other company. However, if the object was on the ground then the car in front of you hit it then it hit the ground again then damaged your car, your screwed. You will probably get a surcharge for the collision. So remember you hit it while it was a MISSILE in the air. NOT off the pavement.

Answer 5

Apparently things were different for me. The individual stopped and provided insurance information. However in your case your insurance should cover the accident.