Who is liable for damage caused by a rock hitting a windshield?
My wife was driving her car when an erratic pickup truck in front of her kicked up a rock that shattered her windshield, leaving a significant chip. After the incident, she managed to pull up next to the driver to inform him that he had caused the damage. Although he acknowledged her, he quickly left the scene. Thankfully, she recorded his license plate number and has dash cam footage that shows it was his fault. This happened in Florida.
We plan to contact the local sheriff’s office after she gets off work to report the incident and seek assistance in obtaining the driver’s insurance information. It looks like she will need to replace her windshield. Given that he drove away after being notified of the damage, will he be held accountable for this incident?
What actions can we expect from the insurance company? Any advice would be appreciated. Thank you!
In this situation, it’s understandable to be concerned about responsibility for the damage to your wife’s windshield. Here are some important things to consider:
Responsibility for Damage: In general, drivers are responsible for debris they kick up while driving, especially if their driving is erratic or negligent. The fact that the truck driver acknowledged the situation means there’s an admission of sorts, which could strengthen your case.
Police Report: Reporting the incident to the local sheriff’s office is a good step. However, whether they can compel the driver to provide insurance information may depend on local laws and the circumstances of the incident. Since the driver left the scene after acknowledging it, this could be viewed as evading responsibility.
Dash Cam Evidence: The footage from your wife’s dash cam will be crucial in establishing the facts. If it clearly shows the driver swerving and kicking up debris, it can help in making a claim against their insurance.
Insurance Claims:
Third-Party Liability: If police can identify and locate the truck driver, it may be possible to pursue a claim against their insurance. The insurance company of the errant driver may be held responsible if they can confirm liability.
Consulting with an Attorney: Given that the driver left the scene, you might want to consult with an attorney who specializes in auto insurance claims or personal injury. They can provide guidance based on the specifics of the case and Florida law.
In summary, while the driver may be held accountable, the path to recovery may involve insurance claims and, potentially, legal action. It’s wise to gather all evidence and work closely with your insurance company moving forward.