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Auto Insurance Claims/Company Vehicle Damaging my rental car

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Question
I was driving home with a friend on a two lane road heading toward midland, texas . I was in Big Lake , Texas that morning. As I was heading home on the two lane road I see two tanker trucks (18 wheelers that would carry water or oil) heading towards me in their lane. Then a truck comes out from behind both tankers into my lane trying to pass the tankers coming towards me head on. He can not pass their isnt enough space or time thats how close we were . As he starts to swerve to the side of the road to keep from hitting me rocks start flying. A huge rock the size of a baseball hits my vehicle right in my vision. I pull over to the side of the road. The windshield is cracked and any more force it would have go through and hit me in the face . It crack the windshield completely through at impact but was still intact. I look back and Derek McElroy takes off like nothing happened. I have to follow him to get him to pull over. Derek McElroy states he never saw me pull over and didnt see me. He works for Latzel Drilling I get his insurance information license plate number . I turn in the vehicle report the incident to enterprise (No cell phone coverage where the incident happened) Enterprise called Latzel Drilling Co. the owner Denise says her company is not responsible for what Derek McElroy their employee did and refuses to pay for the damange to the vehicle. Derek lied and said he never saw us on the road that the incident occurred somewhere else. I talked to Denise and she has only spoken to Derek's manager not Derek.

What can I do to get the company to take responsability and pay for the damage that was done to the vehicle? Derek was driving a company vehicle.

Answer
Hi Ruby,

This is a difficult situation. It is basically your word against the other driver. You can file a claim with your insurance company (if you have comprehensive coverage) and they will investigate. If they can prove the other guy is a fault they will get reimbursed. The only other option is for you to file a law suit against the other driver. But you will have to prove to the judge that you bother were there, what happened, how the damage occurred and they it in fact was this person (Derek) that caused the damage. If you can not prove all that then you will likely lose your case. It is unfortunate, but that is the only thing you can do.

I hope this helps
Richard Hixenbaugh

Auto Insurance Claims

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Richard Hixenbaugh

Expertise

Auto insurance claims procedure, auto coverage, liability issues, auto damage questions, how to deal with the insurance company, loss of use and diminished value.

Experience

I have been involved in the insurance industry for over 25 years. I have experience in underwriting, sales, claims adjusting, auto damage estimating, auto value appraising and diminished value appraising. I have testified as an expert witness over 35 times.

Organizations
Society of Certified Auto Appraisers

Education/Credentials
Completed all required courses for the Florida Property-Casualty agents license and the Florida claims adjusters license. I have attended various courses on auto damage estmating, vehicle appraising and am ASE certified in collision damage analysis.

Past/Present Clients
My company has done work for consumers nationwide.

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