A piece of gravel from the back of a semi-truck hit and cracked my windshield. How much could I get from filing a lawsuit against the truck company?
by 
celestasia
ANSWERS: 14
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If you have clear proof of the incident - and it certainly helps if the damage occurred in a construction zone - it is preferable to approach the company directly. Commercial vehicles have insurance for third party damage. Some may pay you and then claim it against their insurance. Some may let their insurance company handle it completely. And some will tell you to kiss off. Then you can file in small-claims court.
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First question......did the police make a report on your damage to property? making a police report is like an insurance policy. it involves a third party, the police and a government document, your report. sometimes, just having filed a police report is sufficient for most insurance companies to pay a claim, under $500.00. a witness would further strenghten your case. end
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Really it comes down to proof, I would say. If the truck tyres just picked up a loose stone and it hit your windscreen, I would call it a case of bad luck, wrong place at the wrong time. Some insurance companies you can get a policy that covers such things and they will replace the glass at no charge to you. If it came directly from the truck, as such, it was part of the load, that bounced off the truck when it hit a bump, you may have a claim against the trucks insurance, again, how would you prove it?? If it was a loose stone on the road flicked up by the trucks tyres, would you sue the council, the trucks insurance or both??? I have had a few windscreens smashed the same way, if I was insured my insurance paid for it without me losing my my excess or rating, when I didn't have insurance, I just paid for it out of my pocket.
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If the truck was a gravel truck, and was losing part of his load, either over the top or through the tailgate, most companies will pay for your windshield repair. However, if it was just a stone picked up in the truck's tire, you're out of luck. Ask your insurance company; the odds are good they'll just tell you to file your claim on them and be done with it. You won't get anywhere with a lawsuit, by the way. Even small claims court will likely throw you out.
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It doesn't matter whether you have a police report or evidence. You can only sue someone for damage is you can show they were reckless and faile to do what a reasonable person would do. Kicking up a stone with your tire is not malicious or reckless. That's why we have auto insurance.
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The same happened to me. I waved down the truck, and found blue-chip-stones in the bumper at the back. I love my camera phone! I will be creating my police report during the week. This is a neverending problem across the board concerning dump-trucks and trucks which don't have flaps preventing large stones or bricks from getting stuck between their double-wheels which may be flung up into the air. They also seem to think that a 40% gauge sheet (loose!) would stop sand from blowing off the top of their bucket... empty or full, this should be stopped with a 100% sheet! What if i were on a motorbike?
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Why do you want to file a lawsuit? Just claim it on your insurance
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Proof. you need proof. A license plate number or some form of identification from the truck. A damage to property police report is required. Most trucks have a sign that says not responsible for this type of damage. not true. if you can prove the truck was the culprit, you can make the trucker pay for the window damage. trucks are suppose to have mud flaps that prevent this type of damage. The most to reveive will be the window repair. It happens all the time.
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You do well to check with the law on this. I think you will find your S.O.L. as it falls under road hazard and the trucking company won't be held responsible. Been there and done that. You can turn it into your insurance company but look for your rates to jump up. This is a lose lose situation. If you take this to court your gonna lose and have court cost to pay as well. To confirm what i am saying you can call the local highway patrol office.
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What are you going to sue for? The only thing you are entitled to is relpacement of the windsheild. Why don't you just call the company and try to resolve it that way rather then through the courts? Why is everyone so sue happy?
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Just replace your windshield - with, or without insurance help. Part of the risk of driving is damage from stuff on the road, including other drivers. Unless the trucker was pitching rocks at you from his cab, he did nothing negligent. How upset do you plan to be when someone files a lawsuit against you for the very same thing? Ease up on the lawsuit idea.
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I agree with Jewel. Plus, most of those gravel trucks have a sign that tells you they are not liable for damages from rocks and to keep your distance so really you couldnt sue anyway.
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a windshield is cheaper than your deductible so dont listen to dipshit up there but talk to a lawyer and did you even file a report u have to file one within 2 days
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I would call the company and see if they will replace your windshield, if not, you are out of luck (unless your state has a law that isn't consistent with the other states in the nation). I wouldn't turn it into insurance because you can most likely get glass from a junk yard and replace it yourself (it's not that difficult) much cheaper than paying for it yourself, plus if you have a $500 deductable, it won't be covered because it should cost far less than $500.
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