Who is liable when a rock damages a windshield?
My wife was driving her car when a pickup truck in front of her started swerving erratically. As a result, it kicked up a rock that hit her windshield, causing a significant chip. She pulled up alongside the driver to inform him about the damage, and while he acknowledged her, he drove away. Thankfully, she managed to follow him and recorded his license plate number. She also has dash cam footage that shows the incident and proves it was his fault. This occurred in Florida.
We’re planning to contact the local sheriff’s office after she finishes work to report the incident and see if they can obtain his insurance information. It looks like she’ll need a windshield replacement. Will the driver be held responsible, especially since he left the scene after being made aware of the damage?
What actions can we expect from the insurance company? Any advice is appreciated!
In Florida, the liability for damage caused by flying debris, such as a rock kicked up by another vehicle, can be somewhat complex. Generally, the driver of the vehicle that kicked up the rock could be considered at fault if their erratic driving contributed to the incident. However, proving liability might be challenging.
Reporting the Incident: It’s a good idea for your wife to report the incident to the local sheriff’s office, especially since she has the dash cam footage and the truck’s license plate. This documentation will help support her case.
Insurance Claims: Your wife should contact her insurance company as soon as possible. They will likely want to review the evidence from the dash cam footage and may ask for a copy of the police report if she files one. Her collision or comprehensive coverage may cover the windshield repair, depending on her policy, but she may also pursue a claim against the truck driver’s insurance if they can establish liability.
Liability: If the driver was driving erratically and admits to kicking up a rock that caused damage, there is a chance they can be held liable. The fact that he took off after acknowledging the damage may work against him.
Legal Action: If necessary, and if insurance doesn’t resolve the situation adequately, you may need to consider small claims court to seek compensation for the damages. This would require proving that the truck driver was responsible for the damage.
Insurance Company Response: The insurance company will conduct an investigation. If they determine the truck driver is at fault, they may pursue them for reimbursement of the repair costs.
Overall, gathering as much evidence as possible will be crucial in this situation to establish liability and facilitate the claims process.