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Tool Talk Discussion Forum

OT CHIPPED A WINDSHIELD

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lenray

10-06-2007 11:08:31




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I was driving my empty dump truck today on a blacktop road and met a car and put a chip on the windshield. Not a crack but one of those little marks.
The lady chased me down and wants me to buy her a new windshield.
I asked her about her insurance and she said she has to pay the deductable.
I will probably pay the deductable for her.
What would you folks do??? What am I liable for?? It is in Michigan.
Thanks

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Spook

10-08-2007 05:37:35




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 Re: OT CHIPPED A WINDSHIELD in reply to lenray, 10-06-2007 11:08:31  
BTW, I am in Michigan.



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Spook

10-08-2007 05:36:46




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 Re: OT CHIPPED A WINDSHIELD in reply to lenray, 10-06-2007 11:08:31  
I have had chips repaired for zilch. I don't have a glass rider either, it's covered under comphrehensive.



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ScottyHOMEy

10-07-2007 17:26:51




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 Re: OT CHIPPED A WINDSHIELD in reply to lenray, 10-06-2007 11:08:31  
If it came up off the road, it's a hazard that fals undr her collision coverage, assuming she has any.

If it's small enough that it can be repaired with the epoxy system, most companies will pay for that in full. No deductible.



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RayP(MI)

10-07-2007 17:10:37




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 Re: OT CHIPPED A WINDSHIELD in reply to lenray, 10-06-2007 11:08:31  
Remember Michigan is a no-fault state. That means you cover your losses, she covers hers. She might be able to take you to small claims court, to collect difference between what her insurance will pay, and actual cost. Couple of questions come to mind, is damage such that she MUST replace? Was the rock fallen off your truck, or just something from the road surface? There are several things you need to research here, and probably involve your insurance company. Michigan law is waaaaay different than other states, so these other answers may not be true here.

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suptscottyb

10-07-2007 08:04:38




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 Re: OT CHIPPED A WINDSHIELD in reply to lenray, 10-06-2007 11:08:31  
Check your state law. In Ca. you are liable if the windshield was broken lost cargo not a rock kicked up from the pavement. Scottyb



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Stan in Oly, WA

10-06-2007 15:49:49




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 Re: OT CHIPPED A WINDSHIELD in reply to lenray, 10-06-2007 11:08:31  
Hi lenray,

There's the law and there's what's fair, and they aren't always the same. The road hazard issue is pretty reasonable. Even most victims of damage from that situation would probaby agree that no driver can control what happens to things they run over on the road. If gravel or other debris falls off your truck and damages another vehicle, however, that's essentially the same as damage caused by an unsecured load. It's a condition you have the chance to do something about before it causes any harm. Regardless of whether you choose not to take the time to check your vehicle, or you do check but it slips by your notice, it's still your responsibility.

If you know that what hit the woman's windshield fell off your truck, or she says she saw it and you feel you can (or should) believe her, then it would be fair for you to pay her out-of-pocket expense for her. As previously stated, there's generally no deductible on that kind of damage, and it's not chargeable against her driving record, so her out-of-pocket is likely to be zero.

One thing I would definitely advise you not to do is to go to your own insurance company if there's any cost to you. Either the chip was the result of a road hazard which neither you nor your insurance co. should have to pay for, or it was the result of your carelessness is the way your insurance co. will view it, and there's no reason whatsoever that you want them to make a note of that in your record.

All the best, Stan

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1936

10-06-2007 14:38:07




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 Re: OT CHIPPED A WINDSHIELD in reply to lenray, 10-06-2007 11:08:31  
As my FIL said do you have the rock as he stepped out of his truck? Nuff said. As Flow said kiss my grits.



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RobMD

10-06-2007 13:44:05




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 Re: OT CHIPPED A WINDSHIELD in reply to lenray, 10-06-2007 11:08:31  
you're NOT liable, that's a road hazard.



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bo

10-06-2007 11:59:53




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 Re: OT CHIPPED A WINDSHIELD in reply to lenray, 10-06-2007 11:08:31  
You're liable for nothing. Road hazzard. Besides, most insurances with comprehensive have no deductible for glass and it's fully covered with no points or anything..her insurance will cover it.
It also can be fixed with a spot fix for about 50.



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Grizz

10-06-2007 12:02:22




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 Re: OT CHIPPED A WINDSHIELD in reply to bo, 10-06-2007 11:59:53  
I've been chased down before for the same thing. I tell them to report it their own insurance and bugger off.



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old

10-06-2007 11:35:05




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 Re: OT CHIPPED A WINDSHIELD in reply to lenray, 10-06-2007 11:08:31  
Don't know the law where you are but where I live if the rock came off the street and not out of the truck thats called a road hazard and your not liable for that. Now if it came out of the bed then yep you are.



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