windowsheild broke what to do? - Maintenance and Repair Forum

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windowsheild broke what to do?
Thursday, September 07, 2006 6:34 AM
hey, i was driving to town today, and a rock flew from a big 18 wheeler truck and hit my windshield. it has a pretty big mark in it and it's going to crack on me if i don't fix it. I took it's licence plate number and tryed my best to make out the name of the truck, such weird writing couldn't make it out. (macvier) i thought. anyways called my insurance they said they will look after it, they called back and said they can't find no listing for that truck name, they can't call and see who owns the licence plate they said becasue i don't have full coverage on my car. insurance company said anyway u could find out the name of the truck be no problem. anyways what could i do??? it's kinda a rip off to me.
any ideas thanks

Re: windowsheild broke what to do?
Thursday, September 07, 2006 1:46 PM
The truck company would not be responsible for anything. I had a truck throw a rock up at my car. Shattered the wind shield so bad that I had to get towed home cause I couln't see anything. I had all the information off the truck (DOT #, Plate #, Company Name) so I knew who to go to. Had a police report filed and the cop said it won't do any good to go after them cause it was road debris and not the fault of the truck. Called the truck company and found out who their insurance company is. Called them and they said it is a road hazzard. Just replace it yourself. You will spend more fighting the insurance company.




Re: windowsheild broke what to do?
Thursday, September 07, 2006 2:08 PM
Get a lawyer. It's amazing how differently people will answer when speaking to an attorney then some guy with a cracked windshield.

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John Wilken
2002 Cavalier
2.2 Vin code 4
Auto
Re: windowsheild broke what to do?
Thursday, September 07, 2006 2:37 PM
It's not the fault of the truck driver. What could the truck driver have done to avoid kicking up the rock, assuming he could even see it? If you kicked up a rock and hit someone else's windshield, would it be your fault? No, it's a common road hazard and no one is at fault. The only way it's the truck driver's fault is if he is carrying a load of rocks and one falls out and hits your car. Then he is at fault for not properly securing his load.

This is why you need to get "zero deductible" on the comprehensive portion of your insurance policy. I've had several similar incidents over the years, and with "zero deuctible" comprehensive, the insurance company pays it all.




Re: windowsheild broke what to do?
Thursday, September 07, 2006 2:52 PM
^^ In Ohio, if you have a zero deductable the premiums are insane. I don't know how Virginia laws are, but Ohio is a TORT state, which loosely translates to "if you're in an accident, sue everyone".

Also, you are responsible for rocks kicked up from your car. I don't remember the legal term for it, but it's the same as when your car slides sideways on ice and hits someone. But again, that's Ohio law, it may be different where you live.

Which is why you need to get a lawyer, Jeff. Everyone here has their own stories based on their state's laws and whether they were willing to stand up for themselves and get a lawyer or just let 1 person tell them to give up.

Check the phone book, there may be a lawyer that offers free initial consultations.


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John Wilken
2002 Cavalier
2.2 Vin code 4
Auto
Re: windowsheild broke what to do?
Thursday, September 07, 2006 3:15 PM
My windshield had to be replaced in my old car, 96 Ford Contour in 2003.
A truck threw a rock and bang split the windshield from the bottom up to the mirror, and then sideways pretty bad.

Didnt have to pay a dime, had full coverage, and the $100 deductable was paid for by the shop that did the windshield.




- 2004 Cavalier - 124k, owned since new



Re: windowsheild broke what to do?
Thursday, September 07, 2006 8:19 PM
John Wilken wrote:Also, you are responsible for rocks kicked up from your car. I don't remember the legal term for it, but it's the same as when your car slides sideways on ice and hits someone. But again, that's Ohio law, it may be different where you live.


Gonna have to call you out on that one. When your car slides sideways it is because you were unable to control your car. You have to drive the speed which the conditions warrant. If you EVER lose control of your car it is ALWAYS your fault. Even if someone rear ends you and puts your car in motion, if you hit someone it is also your fault.

But then again laws are different everywhere. I just don't see a correlation between road debris and losing control of your car.

Check your insurance policy, I have "Glass Coverage," no increase in premium, no deductible.


"The Blue Bullet"
Re: windowsheild broke what to do?
Friday, September 08, 2006 11:00 AM
Jon wrote:
John Wilken wrote:Also, you are responsible for rocks kicked up from your car. I don't remember the legal term for it, but it's the same as when your car slides sideways on ice and hits someone. But again, that's Ohio law, it may be different where you live.


Gonna have to call you out on that one. When your car slides sideways it is because you were unable to control your car. You have to drive the speed which the conditions warrant. If you EVER lose control of your car it is ALWAYS your fault. Even if someone rear ends you and puts your car in motion, if you hit someone it is also your fault.

But then again laws are different everywhere. I just don't see a correlation between road debris and losing control of your car.

Check your insurance policy, I have "Glass Coverage," no increase in premium, no deductible.


Dude, re-read what I wrote. You are responsible for rocks kicked up from your car the same as you are responsible when your car skids on ice. No intention, unpreventable, but STILL YOUR FAULT.

.


John Wilken
2002 Cavalier
2.2 Vin code 4
Auto
Re: windowsheild broke what to do?
Friday, September 08, 2006 9:35 PM
Just buy a new windshield.




New Picture comming this summer.
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