Do I Have a Case? NEED Help!

[Deana-Mae]

What is the name of your state? Nebraska

On November 3, 2007, I was parked next to a building belonging to the Solid Waste Agency of Northwest Nebraska (ie, dump). Alongside the building is many dumpsters available to paying SWANN customers to dispose of garbage. My family is a paying customer.

I was sitting in the driver's seat of my car while my sister threw some things out. It was a windy day, and CRASH, I heard a long bang/smashing sound. My sister started screaming while I was turning to see what the heck had happened. She saw a rock roll off of SWANN's building and break through my rear windshield.

I filed a police report, had pictures taken by the officer, and talked to SWANN about the accident. I gave them a copy of the police report, and was told that the man I spoke to had to speak to his boss about the matter of paying for the damages.

I just received a phone call stating that they refused to pay for the damages, claiming they were not at fault. I only have liability coverage (can't afford anything more). The man likened it to a rock hitting a window while driving on the highway. I had to disagree, but he still refused.

Do I have a chance at getting the damage paid for if I take it to small claims? Please advise, I cannot afford to pay this on my own!

[teflon_jones]

Where did the rock come from?

[Deana-Mae]

Originally Posted by teflon_jones

Where did the rock come from?

It rolled off of SWANN's building's roof.

[ecmst12]

If you are on the highway, and a rock rolls off a truck and hits your car without hitting the ground first, that's a collision that the truck driver/owner is responsible for. If the rock hits the ground FIRST, and then your car, that's a no-fault comp claim on your own insurance.

Unless the rock hit the ground first, the building owner is liable. However, you might have a hard time PROVING the rock rolled off the roof if the only witness you have is your sister, who is obviously biased.