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About Denise
Expertise
I am a licensed Property/Casualty agent in the state of Wisconsin, a Certified Insurance Counselor and a Certified Insurance Service Representive, with a 15+ year background in personal insurance underwriting. I am currently working in the Homeowners and Auto field, and was licensed in Life and Health insurance years ago. I can provide input if you will give me a "one paragraph what`s the story", however depending on the situation, do note that as policy forms and endorsements vary by the state, the information may be general and educational in nature.

Experience
20+ Years

Organizations
CIC, CISR, API

 
   

You are here:  Experts > Money > Personal Insurance > Insurance Law > Broken Windshield Claim

Topic: Insurance Law



Expert: Denise
Date: 6/30/2008
Subject: Broken Windshield Claim

Question
QUESTION: Under Texas law who is liable for a broken windshield on a highway ? Does this fall under the road hazard clause ?

ANSWER: Hi Joel-
I'm not an attorney, nor from Texas, but it's been pretty much decided in the industry that broken windshield come under the vehicle owners Comprehensive (Other Than Collision) coverage.  It's considered a Falling Object.  I'm not certain about your reference to Road Hazard clause.  When I see that, I think of something on the road that causes your tire to go flat, or a pothole.  Hope this helps. :) Denise

---------- FOLLOW-UP ----------

QUESTION: I had an incident where another driver said that a rock came from my 18 wheeler and cracked her windshield. Am I responsible for her windshield?

Answer
Hi Joel-
No, as I understand it, these are considered to be falling objects/road hazards, which the driver of the truck has no control over.  It's the vehicle owner's comprehensive coverage that would respond to this loss, not the insurance of the semi truck driver.  That's pretty much how it's handled.  I can't say in Texas for certain, but if you consult your insurance company, I'm almost positive that is what they will say.  Hope this helps. :) Denise

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