Who's responsible? What can I do?

[Slappie 9]

I was leaving work today for lunch etc.. I get up on the freeway, tooling along with traffic. I see a rolloff truck with a big ass dumpster up ahead of me. I was wondering where the sand & tiny bits of gravel were coming from and once I saw it I realized. Well about a mile down it hits a dip in the road and dumps a large amount of dried mud and gravel just far enough ahead of me to give it that first bounce and BAM UP into my windshield. Next thing I know I've got a nice ding in my windshield. I get to the bank and notice a big scratch across the front of my car where a it looks like a rock bounced of it and then hit my windshield. So I'm livid! This is my new toy! I'm stomping around cussing and fuming.

I remembered the name on the side of the truck because after his nice dump of shit, I downshifted and got around his ass. It wasn't like I was riding right behind him. I was a lane over to the right and back about 6 car links.

So what can I do? I called the company and they gave me the voicemail of their safety officer. Can I legaly make them repair my car? I'm really upset.. I've got less then 3k miles and now I've got a nice ding in the windshield and a huge scratch across the front of my hood. The windshield ding I can deal with, that's a road hazard, but the dent and scratch in the paint is uncalled for.

"Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them."

[gravitational 0]

Even though they have a sign on the back that says 'not responsible for broken windshields', they are responsible as their load was not secured.

(edit - typo)

------
Michael

[livendive 8]

Give them one chance to fix it and then sic your insurance company on them.

Blues,
Dave

"I AM A PROFESSIONAL EXTREME ATHLETE!"
(drink Mountain Dew)

[JoeyRamone 0]

They will pay call and make a report ASAP, if they give you any trouble let them know your lawyer will be calling them.

[Slappie 9]

Quote

Even though they have a sign on the back that says 'not responsible for broken windshields', they are responsible as they load was not secured.

Was no sign anywhere on the truck or it's load.

So I guess I should persue this company and see what they're willing to do to compensate me and fix my car. I'm not looking for "big bucks" I just want my toy fixed.

"Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them."

[Slappie 9]

Quote

They will pay call and make a report ASAP, if they give you any trouble let them know your lawyer will be calling them.

Damn I don't want to make a police report, that leads to raising my insurance. I did call and leave a voicemail to the Safety Officer the receptionist transfered me to.

"Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them."

[masterrig 1]

If, in fact, the material that damaged your car, came from the truck, bed, dump box, etc., it's the responsibility of the trucking company and driver. If, the stone, rock, etc. was thrown up by the trucks tire, they are not responsible. Now, the kicker... don't be surprised if, the trucking company asks for (to see) the rock or whatever, that did the damage! You may experience difficulty ever getting hold of the trucking company's Safety Officer. Keep pushing the trucking company.


Chuck

[Slappie 9]

Well, if I can't reach this gentleman in the phone, I'll drive down to their fucking office. I aint skeert.

Plus I'm possitive it came from the bottom of the dumpter he was carrying. I watched it happen, then heard the loud crash as the rock/mudclod slammed into my car and hit my windshield.

"Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them."

[airtwardo 7]

Quote

Quote

They will pay call and make a report ASAP, if they give you any trouble let them know your lawyer will be calling them.

Damn I don't want to make a police report, that leads to raising my insurance. I did call and leave a voicemail to the Safety Officer the receptionist transfered me to.

***
But you ned to get it documented ASAP..

You might at least go to the dealer and get a written estimate and some pics...they do have to pay.

The thing is...
If you turn it over to your ins. company....more than likely they will pay to fix it and up your rates. It's more cost effective for them (in most cases) not to persue the trucking firm.

If you request payment for damages from the truck co....send them a copy of the estimate, make a statement when, where and how it happened...and don't get results...take them to small claims court.

~ If you choke a Smurf, what color does it turn? ~

[Nutz 0]

Quote

Quote

They will pay call and make a report ASAP, if they give you any trouble let them know your lawyer will be calling them.

Damn I don't want to make a police report, that leads to raising my insurance. I did call and leave a voicemail to the Safety Officer the receptionist transfered me to.

If it wasn't your fault your insurance company cannot raise your rates.

"Don't! Get! Eliminated!"

[livendive 8]

Quote

Quote

They will pay call and make a report ASAP, if they give you any trouble let them know your lawyer will be calling them.

Damn I don't want to make a police report, that leads to raising my insurance. I did call and leave a voicemail to the Safety Officer the receptionist transfered me to.

Your insurance should cover it under your comprehensive policy (not collision), thus no increase to your premiums (unless you have numerous comprehensive claims). Still, they won't want to pay it and should therefore work with you to force the trucking company to cover your costs. I once had someone do a brodie (sp?) in gravel next to my car and chip up/dent a pretty big chunk of it. My insurance company covered it (minus deductible) without raising my premiums, despite the fact that they'd just bought me a $950 rear window following some vandalism only a few months earlier .

Blues,
Dave

"I AM A PROFESSIONAL EXTREME ATHLETE!"
(drink Mountain Dew)

[Slappie 9]

That makes alot of sense. I'm not reporting to my insurance until I cannot get a possitive response from the waste trucking company.

Went out and took pictures of the damage. Not much else I can do till I get off work.


Oh crap, if I have to get my insurance to repair it.. I guess I'll be buying some touchup paint and trying to hide it. I don't have my deductable.

"Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them."

[kelel01 1]

Quote

If it wasn't your fault your insurance company cannot raise your rates.

*Buzz.* Wrong. Some carriers increase rates for comp claims, of which this would be one. Hitting deer, acts of vandalism, etc. CAN raise your rates. Progressive is notorious for doing that.

[Slappie 9]

'State Farm' So I'm not sure what their policy is. I've been insured with them for 5 years never made a claim.

"Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them."

[kelel01 1]

State Farm should be fine. But call up your agent and ask them if they increase rates for comp claims. Assuming, of course, you have comp coverage.

[eeneR 3]

Quote

'State Farm' So I'm not sure what their policy is. I've been insured with them for 5 years never made a claim.

I have had St Farm for awhile...They were who I had when my Element was totalled. It was not my fault, but then again this case they did go after the other insurance, so it may not be the same. But they didnt raise rates or anything. Not on my record.

She is not a "Dumb Blonde" - She is a "Light-Haired Detour Off The Information Superhighway."
eeneR
TF#72, FB#4130, Incauto

[Slappie 9]

Quote

State Farm should be fine. But call up your agent and ask them if they increase rates for comp claims. Assuming, of course, you have comp coverage.

I have comp coverage but I also have a large deductable. Never used it so I figured I'd never have to come up with the cash to pay it.

"Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them."

[kelel01 1]

Ahhhh . . . then I'd keep going after the truck company, and just let State Farm know what's going on.

But maybe call anonymously and ask them if they raise rates for comp claims first.

[airtwardo 7]

I have State Farm here in Texas...

And they did raise mine...same thing, no claims, no tickets.etc.

The neighbor kid ran a bike into a one day old Explorer and dented & scratched the door big time.
900.00 damage.

Turned it in and the premium went up 270.00 a year!

~ If you choke a Smurf, what color does it turn? ~

[Slappie 9]

Fuck that!! I'll persue this waste company and see what happens. Worse case I'll buy some touchup paint and hide the scratches.

"Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them."

[masterrig 1]

That, would be a good idea. Go there in person. Show them what happened and try to 'visit' with the Safety Officer. I guess, you weren't able to get a LP number off the truck? Since you stated, the material did in fact, come from the truck and not a tire. I'm sure, this isn't their first rodeo in these matters. As someone here mentioned, let your insurance agent know what's going on. He, may even be able to advise you farther. Like I said, don't let-up on the trucking company. Keep hounding them. It may take awhile but, persistance will pay-off.


Chuck

[airtwardo 7]

Quote

Fuck that!! I'll persue this waste company and see what happens. Worse case I'll buy some touchup paint and hide the scratches.

***

Get it documented and do the small claims thing...keep after them, it'll take some time but they are responsible and will have to cover it.

It's a bummer, I know...It's...it's...it's.... NEW!

~ If you choke a Smurf, what color does it turn? ~

[jumpergirl 0]

My company deals with this kind of thing all the time, unfortunately. We haul sand and ocassionally someone will call and say a rock hit their car. We don't haul rocks. Sometimes, the nicer people will get the help, just because they were nice about it and it could have possibly been a rock on the highway that got kicked up by one of our trucks. The best thing to do is be nice, let them know that you're not looking for big bucks, just to get your car repaired. Get a few estimates. Don't be an ass about it. You sound like you'll be level headed about it, and that's your best option.

Just my thoughts...

• Quote

[Slappie 9]

Ya I've left a message and I'm waiting. I'm not going to be an asshat about it until they refuse to do anything.

Then they'll feel the rathe of one pissed off mofo...and my lawyer, ...well he's fresh out of school, but passed the bar so I call him my lawyer.

"Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them."

[jumpergirl 0]

Quote

Ya I've left a message and I'm waiting. I'm not going to be an asshat about it until they refuse to do anything.

Then they'll feel the rathe of one pissed off mofo...and my lawyer, ...well he's fresh out of school, but passed the bar so I call him my lawyer.

Hahahaha!! I have a GREAT lawyer if you need (another) one!