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My wife called me earlier today and told me she was following at a very good distance away from a Dump truck that began spewing rocks and stones on to I-40
She said one hit her windshield and placed a dent and fairly large crack in it.
Luckily she called me on my cell phone as it happened and she gave me the trucking company name, licenses plate and some DOT #
So my question is what can we do to make them replace it. Its not our fault they are reckless with the moving of these rocks from place to place?
Please help ASAP!!!
*Call the company and ask them what their claims procedure is and who handles their insurance. Then put in a claim. If they do not respond within a few days, go to small claims court with your evidence and file a claim there. You will either win or lose in court. If they do respond, then deal with them to correct your car. Rocks can travel long distances in the air off the back of a truck. The fact that they might have a "stay back" sign means nothing if you were far enough back. I also do not believe having a sign relieves them of their responsibility if they don't take care to keep their truck clean and clear of rocks.
When I used to travel 75 down and through Atlanta, I would see work trucks with rocks lined up on their bumpers waiting to be launched. I often though they were there on purpose.
If you know the truck company and they are pared in a public space, I would go there and take pictures of their truck - especially any with missing mud flaps and any objects that can fly off the back.
*No, I am not a lawyer, nor do I play one on TV. But I have put in a number of claims with truck companies, repair shops and state highway commissions to repair damage caused by them or their equipment.
Last edited by blktoptrvl; 04-25-2017 at 11:38 AM..
My wife called me earlier today and told me she was following at a very good distance away from a Dump truck that began spewing rocks and stones on to I-40
She said one hit her windshield and placed a dent and fairly large crack in it.
Luckily she called me on my cell phone as it happened and she gave me the trucking company name, licenses plate and some DOT #
So my question is what can we do to make them replace it. Its not our fault they are reckless with the moving of these rocks from place to place?
Please help ASAP!!!
The trucking company will say: After it hits the road and bounces it is determined to be a road hazard and your insurance should cover that". I second that the sign on the back means nothing.
*Call the company and ask them what their claims procedure is and who handles their insurance. Then put in a claim. If they do not respond within a few days, go to small claims court with your evidence and file a claim there. You will either win or lose in court. If they do respond, then deal with them to correct your car. Rocks can travel long distances in the air off the back of a truck. The fact that they might have a "stay back" sign means nothing if you were far enough back. I also do not believe having a sign relieves them of their responsibility if they don't take care to keep their truck clean and clear of rocks.
When I used to travel 75 down and through Atlanta, I would see work trucks with rocks lined up on their bumpers waiting to be launched. I often though they were there on purpose.
If you know the truck company and they are pared in a public space, I would go there and take pictures of their truck - especially any with missing mud flaps and any objects that can fly off the back.
*No, I am not a lawyer, nor do I play one on TV. But I have put in a number of claims with truck companies, repair shops and state highway commissions to repair damage caused by them or their equipment.
Even though it's old, this problem seems to be more common with all the construction going on in the Triangle.
I see these stupid noisy dump trucks that are throwing debris all over the place, especially when they go over bumps in the the road and sprays everyone behind them. In addition, many of those drivers are unsafe -have seen many fully loaded dump trucks going over 80mph on a downhill on 540 and 540 toll. Police need to pull them over.
It is a common problem and actually my parents asked the other day (since I work in insurance) if those signs on the back of trucks that say "Not responsible for windshields" are true. I told them that essentially yes, that's usually the case. What happens when a rock falls off of one of those trucks and hits your windshield is you end up filing a glass claim with your insurance. Most people have low or zero comprehensive deductibles so it's usually a non-issue. You only run into trouble if you aren't carrying physical damage coverage on your vehicle (but only liability). In that case in order to get the truck company to pay for the damage you would need proof, probably in the form of a dash camera, that shows definitively what happened. You'd likely need to take them to court and even then it would be a hard sell. Their little sign on the back doesn't technically release them from liability but it's so hard to prove and the cost of pursuing it effectively means it would be cheaper and less stressful to just pay to have it repaired yourself.
This thread should make all of you who don't already have a dash cam go out and buy one. I picked up a decent 1080 one from Amazon along with a memory card for like $75 total. Works great - stores a lot and is easy to hit a button if something happens to save that clip to memory that won't get over-written.
In fact it helps in most cases of questionable liability, both yours and the other drivers. I wanted to put one facing the rear but wiring was an issue back there on my wagon.
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