A Truck Kicks Up a Rock, Shattering Your Windshield: Who Pays?
Here are some shocking statistics. Between the years of 2011 and 2014, 200,000 police-reported accidents occurred on US roads related to road debris, according to AAA. This resulted in 500 people dying and 39,000 people suffering injuries. In some cases, auto insurance can help cover the costs. But, when a rock hits your window on a busy highway, who is responsible for your loss? There are several situations that could apply here.
Where the Rock Comes From Matters
Rocks are a component of most roads. Even in well-maintained areas, they can be a high-risk concern. However, it is not always someone’s fault if a rock hits your window. Here are two examples.
- You are driving along. A rock spins up from the road as a truck drives by you. The rock hits your windshield. It shatters. In this case, the rock came from the road. As a result, it is no one’s fault. The driver of the other truck had little or no way to prevent hitting the object.
- As you are driving along, a cement truck pulls up in front of you. A rock from the bed of the truck comes loose. It strikes the window, breaking it. In this case, the rock came from a vehicle. And, in this case, the truck owner may be responsible for your losses. The driver’s liability coverage pays for the damage to your windshield in this case.
In many situations, it is very hard to prove where the rock came from. Even if you see it fall from a truck bed, it is nearly impossible to prove this. More so, you would need to gather the identification of the driver of the truck. But, because this may not happen in front of the driver, he or she may not know it happens at all.
What Should You Do?
If you have car insurance, contact your Houston agent. Discuss what happened. If you are confident the damage was due to another driver’s actions or inactions, try to gather their information. Then, report the incident to the police immediately. The police will conduct a report. And, this information becomes available to your auto insurance carrier.
If you have car insurance, you may be able to file a claim with your agency. It may have coverage under your comprehensive coverage. However, the cost to make repairs must be over your deductible if you want your auto insurance company to pay for the damage. Depending on the amount of damage, this may not apply in this case.