If you’re driving down the road and your windshield gets damaged by a rock flying off a gravel truck, you may very well wonder who is going to pay to repair of your car.The short answer is that gravel truck companies are normally not obligated to pay for unintentional damage.
Who Is Responsible?
This type of incident is usually considered an unintentional road hazard, or collateral damage, especially if it occurs inside a construction zone. It isn’t normally classified as an accident, as with a hit-and-run.
Therefore, the other party is not responsible for damage to your car or other property unless you can prove some type of negligence or malicious purpose on the part of the company or the driver. For example, if you can show that the gravel was not tied down properly, that would imply that someone was responsible.
Insurance Issues
You should check first with your insurance company. If you have comprehensive coverage on your vehicle, your windshield repair may very well be covered already. This sort of damage would not be paid for under liability coverage because no one is considered to be at fault. If you have a deductible, however, you may have to pay that first.Your agent may actually advise you against taking any action against the gravel truck company, and just go ahead and file a claim with your insurance company.
Whether or not this raises your rate often depends on the conditions of your insurance contract, but some companies do not penalize you for this type of damage. If it does, you may want to pay for it yourself out-of-pocket to avoid additional fees.
To Pursue A Claim
If you do have proof that the gravel truck company or its driver was negligent, like a phone image of a load that wasn’t well secured, you should contact the company first. Its representatives may know of existing issues and be prepared to pay. You’ll need to know the identity, such as a license plate number, of the vehicle in question.
Also, having a police report in hand helps. If the company does not express a willingness to settle, you may be forced to take your issue to small claims court if you want relief. Unfortunately, there’s no guarantee that this route will give you the result you desire.
So, in general, gravel truck companies are not liable for your windshield repair. It probably is not worth the trouble, money, and time to pursue a claim unless you have the means to prove there was recklessness or malice intended.
More about D&I Body Shop, Inc.
1779 Marietta Blvd NW
Atlanta, GA 30318
(404) 885-9575
www.dandibodyshopandglass.com
