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Question:

I was driving down the road and a big rock from a construction vehicle smashed my windshield, what do I do?

There was a big Mack Truck with a long trailer hauling a CAT machine,(huge excavator) in the slow lane, and I went to go around him and pass him in the fast lane, as I did so, a rock flew from the wheels of the machine and struck my windshield and smashed it. The wheels on the machine were covered in mud and stones, like it wasn't even cleaned off before they started to haul it. I got in front of the truck and was trying to get the guy to pull over, but of course he was on his cell phone and wouldn't and just blew the horn at me. So I ended up getting the license plate # and the name of the company and filed a police report. My question is, do you think that that company should be held responsible, because my insurance is trying to charge me my deductible, and I just don't have that money right now. I think that it was the companies fault for not making sure that the equipment was clean and was able to be hauled without something like this happening.

Answer:

You wont be able to prove the rock came from their truck, or truck tire kicked it up from road. I had same thing happen to me some yrs back. Just pay deductible and get new windshield.
Yes and no, yes they are responsible for making sure the equipment is suitable for transport but its your responsibility to maintain distance between you and the truck, more than likely though you will get the money, but i would file a claim against them before paying the deductible.
Good luck with that.... I was on the interstate once behind a dump truck and a peice of a tire came off and busted up my front bumper. They wouldn't do a thing. They said it wasn't their fault either - it was just circumstance. It sucks... but maybe you'll have better luck. All I can say is try - follow through with the police report - tell your insurance company you filed one. They should help you as much as they can. Good luck.
You shouldn't have turned it into your insurance....I know you probably had to get it fixed but they'll just make you pay more. This kinda happened to my sister except she wasn't so lucky, she was going home on a 2 lane road 12:00 at night and there was a truck coming at her with the brights on, she couldn't see so she slowed down and had her face by the steerling wheel so she could see, when the truck passed someone threw a rock at her windshield, except it went in through the driver window. She drove off in the ditch, wrecked her car, there was shattered glass everywhere, she was all cut up and bleeding and had to wait 45 mins. for the cops to arrive, Luckily somehow the rock didn't hit her it was in the back seat, but she filed a police report and they turned it in to her insurance, now she has to pay to get her car fixed. It sucks. Just be lucky the rock didn't hit you. You should try contacting the company, give them the plate number and tell them what happened. Other than that you can't really do to much. It would be your word against his. Good Luck though, hope you get it straightend out.
Contact the company directly and see where you can go with them. You might be able to get some sort of settlement

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