Expert: Bennie719 - 4/29/2008

Question
My husband was driving down the highway behind a truck towing logs, there was a good amount of debre that flew off which one hit my vehicle windsheld.The driver did stop to give up information. But my question is do they have to pay for it? I feel they do because it could have been covered.

Answer
Hi Bryana,
In my opinion, the trucking firm is legally liable to pay because they failed to cover the load.  From the information that your husband obtained, contact the trucking firm and file a claim.  They may prefer to pay you direct.  If not, they will refer you to their insurance company.

If you should have any problems dealing with the trucking firm and you carry comprehensive coverage, you can have your own company replace the windshield (less your deductible) and they will subrogate against the insurance company of the trucking firm for full recovery and return your deductible upon recovery.

If you don't carry comprehensive and have a problem getting the trucking firm to pay, you would need to file small claims court action for recovery.

I hope this information has been helpful.
Your feedback by rating my answer will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area