Debris flew off oncoming truck and smashed my windshield — his insurer says it's MY problem??
So this happened about two weeks ago and I'm still fuming about it.
I was cruising on a two-lane highway, totally minding my business, when a pickup going the opposite direction lost a big chunk of lumber from its unsecured truck bed. I mean this thing was airborne and came straight at me. Hit my windshield dead center, cracked the whole thing, messed up my hood, and I nearly swerved into a ditch trying to react.
The driver actually pulled over — credit to him for that. We exchanged info, cops came out and filed a report, the whole thing. His load clearly wasn't tied down properly. Open and shut, right?
Wrong.
His insurance comes back and basically tells me this is a "road hazard" situation and that I should file under my own comprehensive coverage. My deductible is $750 and I really don't want to eat that when their guy's negligence caused this. My adjuster at my own carrier is kind of wishy-washy about subrogation and whether they'd even go after the other side.
The damage estimate is sitting around $3,200 between the windshield, hood repaint, and a small dent on the roof.
I'm not trying to be greedy. I just don't think I should be penalized — financially OR on my claims history — because someone couldn't bother to strap down their load.
Has anyone fought back against something like this? Did you get anywhere? The other driver seemed genuinely sorry and I wonder if he'd even back me up if I pushed harder with his insurer.
UPDATE: I asked the other driver to call his insurer directly and tell them what happened. He did — without me even having to beg — and two days later his insurance called me back, accepted liability, and is covering everything including a rental while my car's in the shop. Sometimes people just do the right thing. Really grateful.