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eallen
Dodge Dakota
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4/01/2002
15:11:39
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 Subject: Cracked Windshield who is to blame??
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Message:
So I'm driving down the road (about 55 mph) and I see a big chunk of something fall off the back of a tree chipper trailer (say that 5 times) bounce off of the road and hit my windshield! I am not sure if it was a chunk of dirt or a rock or what but it left a nickel sized crack in my windshield!
I got the phone number, license plate number ,and truck number off of the truck and called the company and explained what happened.
The office manager contacted the owner and siad that the owner said "it is a road hazard" "it should be covered by YOUR insurance" in other words, it's not their problem. I then stated that they were negligent in the fact that they did not clean their trailer off before driving and that the so called "road hazard" was created due to their negligence.
What do you think?
I am still waiting to hear back from the owner again but wanted to know if anyone has had a similar experience and what the outcome was.
Thanks!
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Ken Encinas
Dodge Dakota
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4/01/2002
15:32:58
|  RE: Cracked Windshield who is to blame??
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Message:
If it came from off their trailor it is their fault. If it is something picked up off of the road it isnt their fault. If they were to drive in a lot of mud and rocks and then drive on the road they can be found liable too. Due to the fact they were aware they had the potential for carrying the mud and rocks. The problem is do you or do you not have coverage with your insurance. Most times is isnt worth the fight.
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eallen
Dodge Dakota
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4/01/2002
16:39:44
| RE: Cracked Windshield who is to blame??
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Message:
I have coverage but I also have a deductable. The crack is not in my line of sight and can probably be fixed for ~ $40 - $90.
I do not want to involve my insurance company anyway for fear that my rates will increase, besides, I like a good legal issue to play with once in a while. I just need advise on previous cases (road hazard vs. negligence)
Thanks for your reply!!
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fourgivn1
GenIII
4/01/2002
19:06:11
| RE: Cracked Windshield who is to blame??
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Message:
Your rates should not increase one bit even if a big fat boulder fell from the sky and took out every window in your truck. That has nothing to do with your driving ability; it has to do with road hazards and OTHER drivers' negligence. In any event, a lot of times companies that fix windshields will do it for free if they can fix it w/o replacing the windshield. I had a quarter size 'circle crack' in mine about 2 years ago, and the company fixed it for free since I didn't need a new one.
Current mods: A MUFFLER. That's it. (For now.)
Future mods: Tonneau cover
Underdrive pulleys
Removal of clutch fan
K&N FIPK
17" rims
And much, much more...
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QUADMAN
GenIII
4/01/2002
19:37:53
| RE: Cracked Windshield who is to blame??
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Message:
Trust me, getting a window replaced will not raise your rates. I have replaced 5 with rate raises.
YOUR ONLY WORTH WHAT YOU OWE!
3" Body Lift, 33x12.50x15 MTR's, K&N Drop-in, Flow 40 with stainless duals, Procomp Prerunner Lightbar, and many more to come!
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bjlindsey
*GenIII*
4/01/2002
19:54:33
| RE: Cracked Windshield who is to blame??
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Message:
Tell your insurance company to fix it. It comes under comprehensive, NOT collision. Collisions are what makes your rates go up...and tickets, of course!!!!! Plus, if it is someone else's fault, your insurance company can subrogate the guilty party's insurance company to recuperate their loss. Just a note, here in AZ windshields get cracked, crazed, vandalized etc about every 2 years..... and $0 deductible for glass damage is really cheap. Ask your ins. company about it.
01 QC 4x4 5.9L 3.92 LSD
K&N clone, Clear Corners, Carbon Fiber Tails, Aluminum Billet 3rd Brake Light Cover, Bug Guard
www.FreeGasForYou.com
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Urhistory
Dodge Dakota
JOIN HERE
4/01/2002
21:03:58
| RE: Cracked Windshield who is to blame??
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Message:
I know in Florida Insurance has to pay for windshields to be fixed/replaced. No matter what the cause was. I could take a hammer to my windsheild right now and the ins would have to pay for it.
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NJQCDak
GenIII
4/02/2002
08:49:10
| RE: Cracked Windshield who is to blame??
IP: Logged
Message:
Is the windshield cracked or does it have a star in it? I had a star on my Mazda 626 and I contacted my Insurance company and said if I get the windshield repair instead of replaced they would waive the deductable. This is the second windshield I had repaired and I have not had any problems. The repairers claim that the repair spot is actually stronger than the rest of the windshield. Proving that the "road hazard" was caused by the truck or kicked up by the truck is hard to prove and may not worth your time and effort. I know you may be pissed. My 1st star was on a 1 month old Daytona. Repairer actually can repair your windshield at your work. Good luck.
'01 QC Sport, 3.9L V6, 5spd, 2wd, Volant Intake,
SS Gibson exhaust, MSD Wires, Accel Super Coil, NAPA Cap, Flometrics Billet 48mm TB , JBA Silver Ceramic Headers, Autolites 3923s
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xplikt
Dodge Dakota
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4/02/2002
12:14:26
| RE: Cracked Windshield who is to blame??
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Message:
I took a road trip this weekend and some large hick trucks with no mud flaps pissed me off. I got quite a few nicks in the windshield from those bastards.
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justin
Dodge Dakota
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4/02/2002
12:23:05
| RE: Cracked Windshield who is to blame??
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Message:
the same thing happened to me the other day! i was drivin and this big truck drove by me and a rock musta flew up and cracked my winshield. its only a small crack right over my registration/inspection stickers so you cant really see it. but still it kinda makes me mad
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Josh
Dodge Dakota
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4/02/2002
15:52:33
| RE: Cracked Windshield who is to blame??
IP: Logged
Message:
Good luck getting it covered by the tree company. It is NOT their fault and it is NOT your fault...just bad luck.
It may have fallen off their trailer, but you also didnt have to drive so close....both sides have an argument...nobody wins.
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92dakotahd
GenII
4/02/2002
16:08:41
|  RE: Cracked Windshield who is to blame??
IP: Logged
Message:
Hey! Distance has nothing to do with it! I caught a rock off of an RV a few weeks ago and I was in a different lane about a second behind the guy. The rock left an combo birds eye and star crack that one week later has grown(with some cold weather and snow) into a 7 in crack that grew another inch while on the interstate for 12 miles. If you want a big truck RV, or big tires you need to take responsibility for the damage your vehicle can cause. I've heard of many trucking companies that take full responsibility for rocks that their trucks chuck into peoples windshields. And also many times a rock coming off of a tire has a lot more speed behind it than if someone just lofted one infront of the window. If you can win, go for it. I know I saw that rock clearly from the wheel well to my windshield, so they can't say there's no way you know where it came from.
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IntenseDak39
*GenIII*
4/02/2002
16:14:52
| RE: Cracked Windshield who is to blame??
IP: Logged
Message:
here in the state of texas it would be the chippers fault.... look it up and go after them...
a few months ago a truck ran over a piece of metal and sent it flying into the air and through somebodies windshield and killed the guy.... the newspaper said according to state law it was whoever drop the piece of metal out of there vehicle's fault,but not the guy who ran it over...
but of course who knows who dropped it... but you have the chippers license and phone #s... good luck
intense
http://www.geocities.com/intensedak39/index.html?1015106010330
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xplikt
Dodge Dakota
JOIN HERE
4/02/2002
16:39:16
| RE: Cracked Windshield who is to blame??
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Message:
Eeew, that's like something out of a movie...
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IntenseDak39
*GenIII*
4/02/2002
17:13:27
| RE: Cracked Windshield who is to blame??
IP: Logged
Message:
it didn't stab him or anything.... just went through his windshield and hit his chest and like collapsed a lung or something... he died later at a hospital... kinda sad to just be driving and get killed that way...
intense
http://www.geocities.com/intensedak39/index.html?1015106010330
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