Question:
I was driving a good distance away from someone on the highway, doing 65-70. The entire roof of their car was covered in ice and a huge sheet of it came off, flew about 30 feet in the air, and slowly came down and hit my car. It caused a lot of damage to my bumper. I called the police and they did not cite him for it. I think he is very negligent and he should be responsible. Even my insurance company won't take my side. What should I do now?
Answers:
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If you have collision use it to fix the damage. Don't forget you will have to pay your deductible.
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It's the same as if a car kicks a rock up at your windshield and puts a crack in it, it's not really the other persons car. I would suggest just not worrying about it unless you have the money to fix it since it is only a bumper.In calif.-what is the cost of a copy of your car registration?
He didn't put the ice on his car, and maybe he couldn't get it off. If he purposefully left it on there hoping it would fall off and do some damage, then you'd have a case, but good luck proving that. Sue God or Mother Nature...it's their fault.Hmmm... well the big problem here is PROVING he was at fault. Is he admitting that he knows the ice flew off the car and hit yoru car? Do you have witnesses that stopped and said they saw the ice hit your car?
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If this was the case i could see why he would be responsible- it is his job to have his vehicle in safe operating condition. But- its very unlikely you can prove his involvement. Its alot like when rocks fly off semis- they hardly EVER get held responsible.
Plus your going to hear alot of "you need to maintain safe distance" from the car in front of you.
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To make a long story short.. yes, your s.o.l.. accept it.
He's not at fault because human beings (Outside of the X-Men movies) don't have the power to control the weather and conditions arising from the weather. He was also not commiting an illegal act when the ice flew up and hit you. He was driving -- Just like YOU were.
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I know you'd like to find anything to point your finger at which will take away your responsability to accept the facts, but there isn't anything.
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What you should do now is either pay for the damages to your vehicle or leave it unfixed.
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Good Luck!
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Obviously the insurance company is taking the term "negligence" very seriously and does not think that applies in this case. Most of the time with losses like this the carrier will take the position that your damages did not result from any negligent operation of the other vehicle (the driver did nothing under his control like following too closely, losing control, etc). They are considering it a road hazard.
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Why is this HIS fault, you baby? Did you shovel the ice off of YOUR car? Hippie whiners like you make me want to puke!When you go in to take a driver's test, do you need to bring your birth certificate?
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The moment it left his roof it became a "flying object" (obviously) and when it hit your car it became a comprehensive loss. Comp losses do not have fault/at fault. HOWEVER..
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your insurance company can attempt to subrogate that driver for your damages using your argument...I would if I were your adjuster I would go after them.
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Do you clear all the ice off your car? What about those who have bigger vehicles and couldn't physically possibly remove all that ice? Ice is a part of life in the cold climate.Were can I down load a free c.d.l. hazmat test form?
You should pay to have it fixed, unless you can drive fine with the car how it is.
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Actually most people who have answered here are wrong. However it depends on the state. In Maryland: "By law, not cleaning off a car with ice or snow on it is a punishable offense. The same laws that prohibit throwing trash out a car window also holds drivers responsible for scraping ice off the bodies of their cars."Who do you think is the best car insurance provider in the UK?
In many states the driver who doesn't clear the roof of their car off is responsible for any and all damage they cause, and is a fine able cite able offense.
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Actually insurance will view it as a falling object and should cover it under your comprehensive coverage. You could try to sue but I would think it would take more time and effort than it's worth.More Questions & Answers ...
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