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Rocks fly off truck $1500 damage - who to sue?

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Duckman2000

Junior Member
What is the name of your state? Florida

A flatbed tow truck was going up a bridge incline and about 10 large rocks rolled off and hit my car causing about $1500 in damages. Contacted towing company owner and their insurance company. Claim denied. I also have a witness willing to testify who saw the rocks come off of the flatbed truck and strike my car.

I will take this to small claims court. Should I name both the towing company and their insurance company in the small claims action?

(I could file with my insurance company but I would have to go to small claims court anyway to recover the $500 deductible I would pay.)
 


seniorjudge

Senior Member
Duckman2000 said:
What is the name of your state? Florida

A flatbed tow truck was going up a bridge incline and about 10 large rocks rolled off and hit my car causing about $1500 in damages. Contacted towing company owner and their insurance company. Claim denied. I also have a witness willing to testify who saw the rocks come off of the flatbed truck and strike my car.

I will take this to small claims court. Should I name both the towing company and their insurance company in the small claims action?

(I could file with my insurance company but I would have to go to small claims court anyway to recover the $500 deductible I would pay.)
You can't sue their insurance carrier because you have no contract with them.

Anyway, try your best in small claims court.

This kind of case is exceptionally common and I have never once seen the alleged victim win.
 

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