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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 36352
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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My windshield was damaged from a rock from a truck of a

Customer Question

My windshield was damaged from a rock from a truck of a large asphalt and materials company. I immediately sped up and took a picture of the truck, contacted the company, went to their offices, completed a report, and their employees took photos of the damage. I contacted the company several more time and was asked to submit the picture of the truck. Ten days later, I contacted the company again and was told that the CFO said there was not enough information to settle the claim. I paid a $500 deductible to repair my windshield. Can I make a claim?
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Under the law, in order to win your claim---presumably in small claims court, you will have to prove---typically through testimony by you---that the rock that broke your windshield fell off of the truck. It is not sufficient to claim that the truck tire tossed the rock which was already on the ground.

And when you sue be sure to sue not JUST for the deductible, but for the entire amount of the replacement windshield. Failure to do that at a minimum would harm your insurance company's right to subrogate the claim they paid against the adverse driver and their company.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you and yours the best this holiday season,

Doug