Insurance Question

[Zee1]

so my girlfriend is driving down the freeway and merges onto another freeway - then a 4' x 4' square of pressed plywood (pressboard) flies off of the car in front of her (hit it) and hits hers, then hits the car behind her.

damage?

took a sizeable amount of paint down to the primer on the hood....hit hard enough to pop the hood, but the safety latch or whatever kept it from flying up. took a 1/4 stripe of paint off half of the bumper, knocked a parking light out of the bumper, on it's way up the hood it hit the part of the car that is between the windshield and the driver door - took the paint off that, hit the mirror on the driver side and knocked it into the window and took the paint off that, and took paint off the driver door....

who's at fault? is it just one of those things where you're just screwed? you'd think it's the cities responsibility to keep debris like plywood off the freeway but who knows... there was no truck or car that she could see that was carrying anything cause a lic # would have been great, guess it was there for a while or something.

$500 deductible sucks.

 

[javacontour]

Unless you captured the tag of the vehicle that lost the plywood, I'm thinking you have to eat it.

It's not reasonable to expect the city to immediately clear debris from the road.

This is just one of those "costs of driving" things.

But perhaps one of our resident lawyers has a different perspective.

 

[jmacmaster]

"a 4' x 4' square of pressed plywood (pressboard) flies off of the car in front of her (hit it) and hits hers, then hits the car behind her."

"you'd think it's the cities responsibility to keep debris like plywood off the freeway but who knows... there was no truck or car that she could see that was carrying anything"

Well, which is it? Did the plywood fly off of the car in front of her, or was the plywood on the road and went flying up when the car in front of her passed over it? If its the former, the driver of the car in front of her is responsible for the damage to your girlfriend's car and the other car that the plywood hit, and she should have sped up and gotten a license number, filed an accident report with the police, and contacted her insurance company.

 

[Zee1]

quote:

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Well, which is it? Did the plywood fly off of the car in front of her,

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yeah, because the car (hit it)

so it must have been sitting on the freeway or something.... she was ****** - if it was that car carrying it she would have run that car into a freeway concrete pillar because our 3 month old was in the car at the time...

chalk it up to driving in california and get a maaco cheapie paint job lol.

 

[Drew99GT]

I think you're up **** creek without a paddle.
A Similar thing happened to me this year. This is why I drive a beater! Dented hoods add character

 

[Gary Allan]

You guys have weird insurance laws. Either that or you don't get the cheap comprehensive insurance that's peanuts. Why would you throw away a perfectly good beater because a $300 windshield got a stone in it

Anyway ..if this was in PA ..and I had comprehensive ..this would have a ZERO deductable ..at least from my insurance company. I've had my windshield and parking lights replaced from some goofball firing golfballs at traffic.

Spend the $57 every 6 months (or whatever) and never worry about this sorta stuff again. You flush more then that down the toilet every week in food you didn't really need to buy.

 

[Zee1]

gary - wow... PA rocks!

I doubt california has that, ins company is mercury... yeah I know, they blow.

 

[Zee1]

looks like it's $500

 

[Gary Allan]

Whoa ..and expensive too

I guess I am lucky.

 

[Tosh]

quote:

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Originally posted by Zee1:
if it was that car carrying it she would have run that car into a freeway concrete pillar because our 3 month old was in the car at the time...

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Likes to take the law into her own hands, does she?

 

[Matt_S]

That's the risk you take when you raise your deductibles. You'll save money in the long term, but incidents like this could hurt in the short term.

 

[The_Jeff]

It's your girlfriend's fault because she was following closely and not able to avoid an obstacle she didn't see far enough ahead. So she's basically out of luck.

I know it's implausible on a busy highway to follow at such a great distance to spot debris and be able to swerve into an adjacent, traffic free lane like they teach in driver's ed. But you shouldn't drive beyond your visibility.

If the plywood were actually part of that preceding vehicle's load, they'd be at fault for an insecure load. Even gravel trucks are liable if a rock falls out and chips a windshield so chase 'em down and give 'em what for. (Everyone will groan, even the cops, but stand firm and insist the rock that hit you directly came out of the truck and wasn't kicked up off the pavement.) They can't disclaim that away with a "don't follow closely" sign... except some places like construction zones.

Am not a lawyer, FWIW.

 

[javacontour]

quote:

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Originally posted by eljefino:

If the plywood were actually part of that preceding vehicle's load, they'd be at fault for an insecure load. Even gravel trucks are liable if a rock falls out and chips a windshield so chase 'em down and give 'em what for. (Everyone will groan, even the cops, but stand firm and insist the rock that hit you directly came out of the truck and wasn't kicked up off the pavement.) They can't disclaim that away with a "don't follow closely" sign... except some places like construction zones.

Am not a lawyer, FWIW.

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I actually did this with an IDOT truck that changed lanes in front of me, and dropped something on my windshield. I followed the truck back to the garage, and filed a claim.

I got a new windshield for the car paid by the State of IL.

The truck had no need to change lanes right in front of me, cutting it so close.

It was no trouble at all, they took my statement and sent the service to my home to replace the glass.

 

[Bret Chase]

quote:

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Originally posted by Gary Allan:
Whoa ..and expensive too

I guess I am lucky.

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no kidding.. I've got 10X the coverage (my limits are 100k/300k per accident) and pay about 1/2 as much for TWO vehicles.

 

[MarkC]

I have a $100 deductible and I'm glad, having replaced the windshield 3 times in less than 3 years.
And, for me it's easier to eat $100 than $500.
My premium is just $60 a month anyway.

 

[Shannow]

Better half scraped the Navara the other day entering an underground parking lot.

Only item scraped was the plastic rear wheel arch extension.

Quote to sand back, fill, and repaint is $200...if I remove the part and hand deliver it to the shop.

Deductible is $500, so no point claiming on my $700p.a. insurance.

 

[milwaukee]

At my company 100/300 BI is actually cheaper than state minimum limits.

 

[Zee1]

quote:

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no kidding.. I've got 10X the coverage (my limits are 100k/300k per accident) and pay about 1/2 as much for TWO vehicles.

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I believe it, shes 21 next week so thats probably why, plus it's her first car and it's financed....


oh and I forgot the big one...

it's California.