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  1. #1
    dmorgan is offline Junior Member
    Join Date
    Dec 2007
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    Semi broke my windshield

    What is the name of your state (only U.S. law)? Ohio

    Hi,

    Last Friday I was driving on I-70 East out of Columbus. As I was passing a semi with an attached trailer hauling a CAT, I noticed the dozer was caked with mud and debris. As I passed pieces were flying off and a rock struck my windshield and cracked it. The damage required the windshield to be replaced for $230 which was below the deductable on my insurance; so I paid out of pocket. I found a number for the company and have the truck and trailers license plate numbers. The number goes to some guys voicemail representing the company everytime I call. A small claims case would cost me $70, but I am not sure if it is even worth trying. I hear trucks aren't responsible for rocks coming up off the road and hitting windshields but this is different. However, how do I prove that? If there is a decent chance a small claims court will reimburse me, I would try.

    Thanks
    Last edited by m martin; 05-29-2009 at 03:29 PM.
  2. #2
    b.momma is offline Member
    Join Date
    Apr 2009
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    81
    Trucks are not responsible for dirt or rocks they dont literally throw at you, Sorry. As a mater of fact, you shouldnt have been so close to him.

    You can purchase glass coverage from your ins company for a very low amount of premium.
  3. #3
    ecmst12 is online now Senior Member
    Join Date
    Feb 2006
    Location
    Philadelphia, PA
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    35,581
    It will be pretty much impossible for you to prove that the rock came off of the equipment and not from the road. Even though the truck would technically be liable for stuff falling off his equipment, I see this as a losing battle and not worth it for that small amount of money.

    Not all companies offer extra glass coverage but it IS fairly cheap to lower your comp deductible to $100. You can do this while leaving your collision ded alone, that is usually much more expensive to lower.
  4. #4
    Country Living is offline Senior Member
    Join Date
    Feb 2006
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    1,834
    I just replaced the windshield on my car. Even though I was more than the two second rule behind the truck, those bouncing rocks flying up from one of the tires proved even a three or four second distance would not have been back far enough. The planets just lined up that way.

    My broken windshield was not the truck's fault. If I wanted to blame someone (other than myself), it would be the careless person who put the rock on the road for the truck to run over it and fling it into my windshield.

    One has to use good judgment in all situations. I won't even pass a truck towing any type of construction or drilling equipment unless it is a four lane road and I have lots of time to ramp up my speed and fly by it. Even then I assume the risk if the windshield is damaged.

    Chalk it up to one of life's little lessons.
  5. #5
    Country Living is offline Senior Member
    Join Date
    Feb 2006
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    1,834
    A few weeks ago I was getting ready to pass a chicken truck on a two lane road (feathers versus rocks - feathers are good) when the chickens in the back decided to have a poop party.

    The following DID NOT happen - it's just an example of what the companies probably think when they get windshield / dirty car calls.

    Had I called, the conversation would have gone something like this:
    Chicken people: Hello?
    Me: I was behind one of your trucks hauling chickens and I have poop all over my car.
    CP: <complete silence>
    Me: Are you there?
    CP: Say that again (the phone mysteriously sounds as if it's on speaker).
    Me: I have chicken poop on my car and your company is responsible and I want my car cleaned.

    After five minutes of poop discussion, they would have taken up a collection of $7 just for the entertainment of the call. Then the whole thing would have wound up on news as "weird and whacky news".
    Last edited by Country Living; 05-29-2009 at 04:24 PM. Reason: typo
  6. #6
    Hoe1979 is offline Member
    Join Date
    Dec 2007
    Posts
    62
    It may not be a bad ideal to keep calling this guy maybe even send him a letter. I use to work for a company like what you described, and I can tell you they will make you jump through lots of hoops in place so you will say: forget it not worth my trouble. Yes if you can prove that the one rock that did the damage did come from the back of the trailer you would have a good case, but there in lies the trouble. There is no way that I know of that this could be proven and they will deny you. I will also tell you that I did pay out a few windshield claims; the guys that would call me every other day, police cars, and any political players.

    Hope this helps,

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