Automobile scam how do you deal with it? Similar a 37 chirfs

JOCCO

Well-known Member
This is back and getting real popular here. Broken windshield: object: rock, stick etc fell of dump, log, flatbed and broke my window, Insert trucking companys name and go after them. Oh its also a commercial vechile claim unsecure load. Trucking companies are really bocking on pay for the old windshied these days. What are your thoughts? Yes i have dealt with this in the past.
 
I don't know but my cousin's father had an individual who brought along a PA state trooper onto his property, to investigate whether or not a tire from his truck blew out and hit his windsheild.

They did not have any way of proving this, since it was on the beltway in the rain at night.

I don't go for those claims, I tell the automobile driver to stuff it up his arse.
 
Yes, ever noticed those jerks that want to tailgate you when you have a load on a truck or trailer.. Even on a 4 lane, they will not pass. They are just hoping that something will fly off , so they can scam some $$$
 
i own my own tri axle dump truck and about once a year some flee bag wants me to replace his windshield well after 40 years have not replaced one yet. funny thing is 90% of them don't have ins. to start with so there looking for a freebie[ Ins. is NOT required in WI.]
 
Rock chips do happen though. About ten years ago on a two lane highway I met a large truck at a bend in the road. Rocks or something hit the windshield on my van. It really cracked and I received three chips in my windshield. I did not know what trucking company it was because we were both going about 55 mph in opposite directions and I was pulling my camper. I did have insurance for that but I never did have the windshield replaced because the chips were in non critical spots. I still have the van with the chips plus maybe one more.
 
I had a rock fall from a dump truck and broke my windshield, no tarp and no mud flaps. I called the company and they denied even being on the job, I told them their trucks had been on the job for three weeks and it would be cheaper the fix my windshield and they hung up on me. I called the Missouri DOT and complained, the next day they sat up portable scales and got the creepers out and started writing tickets. I called the truck line back and asked if it would have been cheaper the fix the windshield, they hung up again! About four weeks later I called the DOT again(you don t run in MO with out a tarp for long) and they sat up their road side check for a half a day that time. BTW I make a living driving a truck.
 
I'll never forget driving on a two-lane road, and coming up behind and empty flatbed semi. Up behind him, and ready to pull out and pass, I notice a piece of round steel about 2" diameter, and maybe 8" long rolling around on that trailer, not tied down at all. Let's hear from the "Shove It's" out there about what kind of damage that thing could have done.
 
you bet they block you, do you have any idea how many times somebody tries to pull that old gag ? i had 2 last week and 1 was not even smart enough to make the claim when the truck had a load in it, the other tried it with a load of mortar sand on the truck, not even trying to be credible, insurance companies wont pay off usually unless there is a whitness to the incident who is not related to you , the best advise is dont get close to the dump trucks, we tarp every load but tires can still kick up stones off the roadways as can every vehicle on the road maybe this is a little strong but ive been in the game over 25 years and it gets old
 
Check with your insurer,Required Ins bill passed and coverage $$ amount went up also,believe as of Jan 2010.
 
Yeah I had one of the 'shove it' coal bucket drivers pass me on 220 about 30 years ago and put a chunk of coal the size of my fist clean thru the windshield of my ElCamino. I about rolled it getting stopped. The sticker of this was a Pa state trooper was along side of me and getting ready to pull him over and saw the whole thing. Once the trooper and 2 locals got him stopped and the trooper came and talked to me, I found out my windshield was #3 and the guy still was denying it. In the end game not only did it cost him for 3 windshields and his license, he found value in not being beligerent to the cops, and the district magistrate who added reckless endangerment to the list of charges.
 
I don't buy anybody that says all claims are bogus anymore than I buy "Nothing ever flew off of my truck!" Stones kicked up off the road happens plenty and are a whole other thing.

Too many times I've seen pulp trucks leave the yard at a mill and never sweep off their bed, with dirt, bark and stones flying off their bed as they head home. How far should I hang back?

I recall back in the days before seatbelts sitting in the front seat and watching a stone that spilled off the back of a tarped load take three bounces off the pavement before it jumped the hood and hit the windshield right in front of me.

Take it from the guy who is hanging back behind you. It happens.

I drove 20 miles each way to work and back over a two lane road for a lot of years. Shared that road every day with big trucks. I caught a stone every year that required replacing the windshield (my insurance company just LOVED me!), but never directly off the truck, always off the pavement and all but once, it had been kicked up by a vehicle of some sort traveling the other direction.

So I'll allow that more often than not it has nothing to do with careless handling of the load on the truck, but it does happen.

And I remember a day on the Cross-Bronx riding with a friend in his little Mercury station wagon, the day a big truck changed lanes into the left rear of his car. He saw it coming in his mirror and tried to get ahead and away, but we still got hit hard enough to bow his fender and pop out the left rear glass. We tried to flag down the driver. Nothin' doin'. Passed our exit just to get the info off the door. We called the company (up in NH) when we got back to the office. The driver wasn't back yet obviously, but they looked his truck over when he did get in and could see the damage to the truck's fender and didn't contest the claim.

I drive a lot, and I'd rather drive with the big trucks, but not all the idiots are on four wheels.
 
Here in Michigan we have no-fault. Nobody cares where the rock came from because it's your insurance that pays anyway.

I've had a lot of stone damage to my windshields, but it's my experience that most were thrown by tires rather than from loads. Truck tires pick up rocks in gravel pits, then spit them out at highway speeds.
 
I saw a 4x4 fall off a semi, semi was in the middle lane, 4x4 ended up in the left lane. 3 cars running right together, ran over the 4x4. All 3 had all 4 tires flat, the rims dented. Very lucky nobody got killed.
 
If it truly came off the truck it is the drivers responsibility period. If kicked up by a tire I think you're on your own. There is a company around here that has about 20 3 axle dumps they haul for various pavers ect. They have "not responsible for damages" on the back, yeah right. That caries no legal value what so ever. These guys are bad (rude)drivers. Most look like the guys in the wanted posters. As others have said, most of the time the drivers never sweep off the truck after the loader spills stones everywhere and they're sitting on the ledges. Haveing the DOT stop a few for "unsecured" load will fix that. Just because its not in the box doesn't mean its not part of the load.

I must say the use of tarps has gone up dramatically in the last few years.

Only time I ever called the cops on a truck was a semi hauling scrap iron. Small pieces were falling off the truck. After I passed him I realized that those pieces were both the scrap AND parts of the trailer itself. They didn't let him get too far and his truck was parked for a few days.
 
Trucking companies deny damage claims by motorists as a matter or practice and usually get away with it due to insufficient evidence and/or simple frustration of the injured party.

For what it's worth, those "Stay Back *** Feet. Not Responsible For ...." liability disclaimers often seen on the tailgates of dump trucks are not enforceable.

Several years ago, a chrome wheel trim ring fell from a tractor trailer immediately in front of me and I could not avoid hitting it. As my car was driveable, I caught up with the truck and recorded both the license numbers and DOT numbers for my insurance company. The insurance company paid my claim without deductable because I always carry $0 deductable comprehensive coverage but did not want the information identifying the responsible party.

I strongly recommend $0 dedectable comprehensive coverage to address windshield damage. I've done this for decades and usually have a windshield replaced every 2 or 3 years. It is getting much worse due to the huge numbers of trucks on the road and the cavalier attitude of many drivers and companies.

Dean
 
I have started carrying a digital camera in my car just to address people like you who have no respect for the property or others.

More and more people are doing so and enforceable claims are increasing.

Dean
 
The problem with this issue is theres the LAW of Torts and its well settled but then theres the practical and economical issue.

The LAW says if an object is unsecured and flies off a truck and causes you damage, the truck owner/operator is obviously liable well DUH

The LAW says the planitiff has the burden of proof and to prevail has to do so by a "preponderance of the evidence" NOW that obviously makes it harder for the Plaintiff in a "he said she said" scenario. THATS WHY THE TRUCKING COMPANIES DONT RUSH OUT AND PAY ANYONE AND EVERYONE WHO FILES A CLAIM.

Thw way I would deal with it personally is to get the trucks license and any other ID Info,,,,,,File a police report (note exact time and location etc),,,,,,,,, Go to a winshiled repair shop right away and get their opinion of cause and type of damage and estimate to repair in writing,,,,,,,,,Notify my insurance carrier armed with a copy of the police report and estimate and opinion from the winshield repair shop,,,,,,,,,SIT BACK AND WAIT N SEE WHAT HAPPENS AND WHAT YUOR INSURANCE CARRIER HAS TO SAY,,,,,,,get it fixed which may well turn out to be solely at your expense due to all that above

NOTE The law of Torts which is very well settled over many years and NOT the owner determines who is liable and who is not liable in many of these situations. IE most owner signs such as "NOT responsible for accidents" arent worth a hill of beans and are profitable ONLY for the sign makers it would appear lol. It may have a bluff or intimidation factor for some I suppose, they can have some legal force (notice, assumption of risk etc etc) but thats for a small limited area.

Best wishes yall, stay back from trucks now

"Stop Global Whining"

John T BSEE,JD Attorney at Law
 

You can drive down the road here and spot a truck without a net over it's load and, if you happen to have a cracked windshield, call the police and report the time/date and license number. Go a couple days later to the police station and pick up a report with an approval (they've located the vehicle and determined that it had an unsecure load) and go get your glass replaced. If you have chipped paint, get the report and the police will send you to an approved body shop for inspection, if they confirm, you get a paint job. Curtosy of the truck driver. Company is not responsible because the drivers are not supposed to move without a secure load.

Dave
 
Simple I have 0 deductible on my comprehensive so they replace my windows for free anyway. Why try to rip off someone when you can get it honestly.
Walt
 

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