Long story, but bottom line is I had a dump truck pass me on the highway leaking gravel out the back and it chipped th paint on several of my body panels and the transparent roof. I got the license number of the offending truck and turned it over to my insurance company. Here is my question:

I have been told my both my insurance company and the offender's insurance company that if the gravel came off the truck and hit my car it would be considered a Comprehensive claim (with a $200 deductable) and would not hurt my rates. However, if the gravel hit the ground and then bounced up and hit my car (which most of it did), that would be considered a Collision claim, would possibly harm my rates and a $500 deductable would apply. Has anyone ever heard such BS?

The offender's insurance company said that if it hit the ground first then they are not liable. So I responded, "Does that mean if I shoot a gun at the ground and the bullet ricochets up and kills someone - I am not liable"? (Silent response).

Am I missing something? They said that if the gravel is thrown from the tire that it is considered Comprehensive - Man am I confused.

 

Its a Comp claim.. Its physically IMPOSSIBLE for them to determine wether or not the rock hit the ground first.

Not to mention their info is 1000% bullsh!t..


Which came fist, the chicken or the egg??

 

Thats crap. You didn't hit the rocks, the rocks hit you. What are they talking about. Ask your insurance agent if he feels alright and then continue with the offenders insurance. They have to secure that truck bed so that the rocks dont go anywhere, and obviously they did not. If they start getting smart I smell a lawsuit. Be smart and get what's yours.

 

If the gravel was thrown from the road by the trucks tires, they are not responsible. If the gravel fell from the truck, they are. I'm not quite sure how you can prove which way it happened. You'll probably need witnesses or the confession of the driver. Good luck.

 

Thanks for the responses.

Here is today's response from my Agent after he got a clarification - which now makes sense to me...

If you hit gravel or a pothole (anything that is stationary or has come TO REST - even if it originally dropped off a truck in front of you) then that is considered Collision (as you should have been able to avoid it). As long as the normally inanimate object is IN MOTION that hits you it is considered Comprehensive.

Their adjuster came out today and estimated the damage to the dollar of what the local Chevrolet Dealer gave me estimates for on my end. The only question left is will they agree to pay that amount (or anything). They are still investigating the offending truck. As I understand - if they agree to pay - I have no deductable to pay out.

 

This is where you should let your insurance company work for you. They can handle that negotiation and probably be better at it than you.

Bill

 

A few years ago I was on the 680 going south in good ole Kali when a big drilling rig pulled right over in front of me and some large dirt clods fell off the back, one shattering the passenger side of the window. I got the truck's Co. name, license no., ID no. and called my insurance co. They contacted the trucking co.'s insurance, they refused to pay. My passenger, who got showered with glass from the windshield, called the trucking co.'s insurance and they agreed to pay- the reason, he was a high ranking FBI agent who happened to be a good friend of mine. Reputable witness does help.

 

I have looked into buying a companion at RealDoll.com to keep in the passenger seat, but I don't know how credible that would be? Guess there is always the "Trunk Monkey".

 

"Of course all of the gravel that struck my vehicle came directly from the 'uncovered and unsecured" bed of the truck. At no time did any gravel EVER bounce up from the highway." Would have been my reply, and it should be yours.

 

I have been told my both my insurance company and the offender's insurance company that if the gravel came off the truck and hit my car it would be considered a Comprehensive claim (with a $200 deductable) and would not hurt my rates. However, if the gravel hit the ground and then bounced up and hit my car (which most of it did), that would be considered a Collision claim, would possibly harm my rates and a $500 deductable would apply. Has anyone ever heard such BS?


This is true according to the Texas Board of Insurance,

 

Any flying or falling object that hits your car is a comp claim. If it is from the truck or bouncing off the road it is still on object in motion. If you hit something not moving or an other vehicle that has the right of way, it is collision. Same with animals. If a deer runs in front of you and you hit it, that is comp. If it is standing still in road it is collision. Hope this helps.

 

Try and claim it as comprehensive. When my car got keyed I had to pay the $250 deductible but my rates did not change.

 

This is basically the definition I finally got them to give me.

 

If your concerned about your rates, which I would be if i were to make a claim, if they jack your rates up after you make your claim and they pay.... switch insurance companies.. your not obligated to continue with them afterwards if they raise your rates and there are a ton of insurance companies willing to give you insurance.