When you click on links to various merchants on this site and make a purchase, this can result in this site earning a commission. Affiliate programs and affiliations include, but are not limited to, the eBay Partner Network.
Here's the story. Got a 74 vert. I'm cruising along the other day when a large commercial truck (the kind that cleans up job sites) drops a couple of rocks out the back of the truck. I know it came from this truck cause I actually saw them fall out the back. One rock decides to crack my windshield. I get the company's info off the truck. Think this'll be no problem to get paid for. Call company and they do an investigation. A couple of weeks later after several phone calls from me they say that they did indeed have a truck there at the time but they're not liable because "the container was empty at the time." Fine and Dandy but even if they aren't carrying a load, are they ever completely empty??? Went round and round with them and even sent a demand letter via certified mail. No luck. I contacted the Better Business Bureau and they said they don't handle cases like this. I really hate to take to small claims court as this is probably a pita even if I do win. Anybody have any further ideas as to how to handle this or do I just suck it up and go down the road. I hate it when the little guy gets stepped on.
I am no expert but I think you will win. I caught a rock a little while back and I did not get the perp. Had the ship filled rather than tear up the car for new glass.
$35 to file and you will get that back when you win. In Texas the truckers are now putting stickers on their trucks stating to stay back 500 feet or else they are not responsible.
I'm lucky to see the truck 500 feet away much less a sticker. Don't think it will aleve them of their responsibility. Why don't you call your local TV station they probably have one of those reporters that are
always investigating problems.
From: Location: at the right hand of Satan in Hell
Seriously, don't be the little guy that gets stepped on. I'd go crack their windshield right in front of them like they cracked yours right in front of you. Look the guy right in the eyes and hit one of their windshields with a bat. That's how things are done where I'm from. What's he going to do in return, go through the same mess that you are trying to go through? He'll just be glad that you didn't crack HIM with a bat, and the next time it happens, he'll just pay up without being a jerk.
Letting it go means establishing a pattern for society that people can keep getting away with crap like this. You actually make it worse for all of us in addition to yourself.
Last edited by bryan27; Jul 1, 2005 at 02:40 PM.
Reason: spelling
From: Arlington Va Current ride 04 vert, previous vettes: 69 vert, 77 resto mod
sounds like you need to find out who thee insurance company is and contact them....i bet they are hoping you go away....does your state require proof of insurance to register a vehicle if so maybe yu should go to the dept of motor vehicles and talk to them and then be prepared to file a police complaint
Your insurance company should pay for the windshield with no problems. It should be covered. I cracked mine last year and they paid for the whole job. Check it out.
Technically, the company isnt liable for any debris that hits the ground before hitting your vehicle. It must come strait from the truck to your car.
Letting it go means establishing a pattern for society that people can keep getting away with crap like this. You actually make it worse for all of us in addition to yourself.
Bryan, step back and think like a responsible adult for a few seconds. What is worst, accidently putting a small chip in someones windshield by dropping a rock, or purposefully smashing in someones windshield with a baseball bat to prove a point. People like you that take the law into their own hands make things far worse for our society then the people who let accidents like this go.
Last edited by lostpatrolman; Jul 1, 2005 at 04:22 PM.
Your insurance company should pay for the windshield with no problems. It should be covered. I cracked mine last year and they paid for the whole job. Check it out.
Windshields are not covered in some states. For example, in CO, my soon-to-be-ex-wife has had to replace her VW's windshield twice. Lots of rocks and gravel in the winter.
I'd go crack their windshield right in front of them like they cracked yours right in front of you. Look the guy right in the eyes and hit one of their windshields with a bat. That's how things are done where I'm from. What's he going to do in return, go through the same mess that you are trying to go through? He'll just be glad that you didn't crack HIM with a bat, and the next time it happens, he'll just pay up without being a jerk.
It would be my guess that you would;
a. Get your a$$ pummelled by the guy and all of his truck drivers, or
b. Get your a$$ pumped while in jail for malicious property damage.
Maybe even both. And please don't brag about how big and bad you are. There are ALWAYS bigger and badder and they are waiting for guys like you.
keep fighting, In small claims, you get 3 times the claim back if won.
If you are that enraged let the law try to help you by way of the courts. We all have been wronged some time or the other and either let it go or we let our tax paid court system have a chance. Maybe this is why we have a court system that works, well maybe excluding a certain Western state.
Around Houston, the gravel haulers and cement trucks are the worst drivers AND have the poorest maintained equipment anywhere. I try very hard to stay way away from them.
I am no expert but I think you will win. I caught a rock a little while back and I did not get the perp. Had the ship filled rather than tear up the car for new glass.
I wish you well!
-Mark.
What part of Little Rock ya from? I grew up in NLR and lived in Lr for several years. Family is still there.
I don't know what state you live in, but in CA it is legitimate small claims action. The only things it is legal to have fall from your truck are feathers and water (neither of which will harm a windshield!). There is no excuse for that trucker and the company should pay. If you use your insurance, it could go against you as a claim and you probably will have a deducible.
Don't let them off the hook, they should take responsibility. Do not take the law into your own hands as you will end up losing. Go through the legal system, that's what it's there for and you are paying taxes for our system. Do not back off, as they are probably hoping you will go away. File a police report as this will help you in court. I am not an attorney so do not want to give legal advice BUT if it were me and I was not comfortable in small claims court I would hire an attorney and then sue them for the cost of the attorney on top of the windshield. I would not want to use my insurance to pay for it as it might increase my rate for the next few years. I also agree with you that the little guy shouldn't get dumped on, no pun intended. Stick up LEGALLY for your rights. Good luck and let us know how you make out.
Small claims court is simple, and designed to be done without an attorney to keep costs down. I'm sure the state has a web site with all of the information you need.