darned if I do, doggoned if I don't

[wroughtn_harv]

darned if I do, doggoned if I don\'t

This is an ethical kind of thingy.

This morning I called my shop to see if I had any messages. I've been out of town since Tuesday morning early early. And so I thought maybe I had shoulda oughta touch base. Of course the shop is where solicitors and newbies call. Anyone that knows me uses the cell.

There was a message from a fella saying Sunday my trailer threw a rock and chipped his windshield. He'd filed a police report on it and wanted to know if I had insurance on the trailer against such.

Hmmmmmmmmmmm. I've got a crack running across Moby's windshield as we tip tip. It's been there for some time. I really don't remember when it happened but I've never even considered going after someone for it.

I called a bud who hauls sand and gravel. I got the CFO and she told me that unless there was a policeman who witnessed it and he had given me a ticket for it the old boy was S.O.L.

She said their insurance agent explained it at as a road hazard. Because that rock hit the road and then hit the vehicle.

Here's my dilemma. If I did have a loose rock on the trailer and it did fall off and damage the windshield then I feel obligated to pay for the repair. It's one of those right thing to do deallys.

But, and this one would make Rosanne Barr proud to swing side to side each stride, I'm also leery of paying for something I didn't do. The man didn't follow me and flag me down to get my particulars and show me the damage. It very well could have been a loose rock did come off my trailer and he had struck out with the rock hauler who did his damage. So he sees a good old boy with a trailer and figures a goose or a gander, they both have feathers.

I'll call tomorrow now that I'm in town and see what's up.

But I would like a little feedback just cause er uh cause just./w3tcompact/icons/smile.gif

BTW, for my many friends here I'd like to share a little good news of sorts. When I got home there was an email confirming a story I'd submitted to a perodical was going to be published and they sounded interested in more of the same.

Yup, it was about work. What else?/w3tcompact/icons/laugh.gif

 

[Anonymous Poster]

Re: darned if I do, doggoned if I don\'t

Congratulations on the article. That must be a great feeling to get something published.

As for the windshield, I'd be extremely reluctant to pay unless you think it was really likely it could have happened that way. It's much more common to run over something and throw it up, but I don't think you'd be liable for that. If the guy didn't get your attention on the road when it happened, I'd say he's out of luck, police report or not. It would be really easy to tell the police the same story he's trying to pull on you.

 

[njrqs]

Re: darned if I do, doggoned if I don\'t

Hmmm

That's an interesting one.

A mte had his car hit while parked and no-one left a note.

They asked around and found a likely suspect seen heading away real fast in a delivery ute.

Company was contacted but Police said unless there was a witness with a rego number, not much they can do.


They obviously have your rego number, but a 3rd party witness??

Seems a bit petty chasing up payment for that.

I too have cracked windscreens from rocks but that's just bad luck............

 

[jhburke]

Re: darned if I do, doggoned if I don\'t

I have chips in the windsheilds of both my car and truck. I went round and round with my insurance co. They said road hazard unless it could be shown that the vehicle that caused the damage was careless on the loading.

 

[Gary_in_Indiana]

Re: darned if I do, doggoned if I don\'t

I'd simply add that it's going to be awfully tough to determine whether or not the offending rock was one that came off your trailer or one that was on the road and thrown by one of your trailer tires, for example.

I'm not trying to give you a way to "weasel out" if you feel you're truly at fault because I know that's not what you're after here. Rather, I'm trying to present a very real if not likely possibility here.

I guess I'm of the opinion that something like that is why people who don't want to take a few hundred dollar hit for one of life's inevitable mishaps should carry insurance against everything with no deductable. I can't tell you for sure what I'd do but I can tell you that based on what you've told me here that I wouldn't be reaching for my checkbook as yet. If he really wants to pursue this, that's what small claims court is there to handle.

 

[cstocks]

Re: darned if I do, doggoned if I don\'t

I don't think I would pay and I don't think I would even call. If they have insurance it should cover it and if they don't, shame on them. There are all sorts of risks associated with driving on public roads and getting whacked by a rock is a very common risk. I understand that you feel an obligation to do what is right but like you said yourself, what if it were not your fault but you happened to be a convenient substitute?

A couple of years ago I got in my pickup to go to work and when I shut the door the rear window shattered and fell both onto the back seat and into the bed of the truck. I had seen my neighbor across the street mowing the day before on his riding mower so there was no doubt in my mind that he did it. I approached him about it and he pretty much ignored my insinuation that he was the cause of the broken windshield. It chapped my butt because I felt he should at least pay my deductable or at least offer to pay half of it and did not. I paid it myself and got the windshield fixed the next day.

My point is I didn't want to go through the hassle of pressing the issue with my neighbor so I took care of it myself and I doubt anyone would seriously consider pursuing it in your case either... seems to me that small claims court would be too much trouble and since there was no witness he would not have much of a case. So unless your ethics are so strong that you feel compelled to pay him, I say let him claim it on his own insurance or drive around with a cracked windshield.

Congrats on getting your periodical published! I guess now you will have to add writer/author to your profile!/w3tcompact/icons/smile.gif

 

[RoyJackson]

Re: darned if I do, doggoned if I don\'t

Several years ago, I was following a 1 ton stake truck (rear duals). I saw a rock wedged between the right right tires (truck was missing a mud flap, so it was easy to see). I backed off, since it was obvious the rock would fly.
However, I didn't back off soon enough. The rock stuck the front fenders and windshield. Since the car I was driving (a '77 Porsche) had been newly painted, I was really torqued!

I pulled them over, got the insurance information. However, their insurance company wouldn't cover it and stated it was a road hazard. My insurance company concurred with theirs, surprisingly. So, my company covered it with no penalty against me.

I guess it was the missing mud flap that, to me, put the liability on the owner of the truck. Mudflaps on dual wheels are required (don't think that applies to dually pickups though, since those are covered by a fender).

Harv...I wouldn't pay it. Their insurance company (assuming they're insured) should cover the chip with no problem. You might want to call your insurer though.

 

[looch]

Re: darned if I do, doggoned if I don\'t

Going after someone for a chipped windshield doesn't happen around here. You pull into any auto glass service and they fix it free of charge - all you need is your proof of insurance. I've had it happen to me a few times and never saw an increase on my premium.

Besides, why is he calling you? I'd give him your insurance agent's number. It's like you said - he should have stopped you right after it happened.

 

[kevincook]

Re: darned if I do, doggoned if I don\'t

I have "glass coverage" that is separate from my collision coverage and it has no deductible at all. If a window breaks the insurance company pays for the repair. I am pretty sure this is mandatory in NY and I think it was mandatory in MA also. Is this required anyplace else?

 

[TerryinMD]

Re: darned if I do, doggoned if I don\'t

Harv,

If I was in your shoes, I wouldn't call the person. If they are serious about the damage, see if they call again. I'd be a little skeptical on this one knowing that there are plenty of scam artists out there trying to "borrow" some of your hard-earned money!!

I agree with most of the other posters that the person should work through their insurance company. That's why we carry insurance. I have replaced about 8 winshields in our '91 Topaz. Very frustrating. Was it me that may have been a little too close to the vehicle in front of me - good chance. I've seen rocks shot across the road from the opposite lane and crack my winshield. It just happened. I've also seen rocks fall off of construction equipment on trailers and just bounce and careen on the road. Stuff happens!

Nah... being ethical is one thing. I would be cautious is on this call. It strikes me that you are being cautious just by posing the question in this forum..... /w3tcompact/icons/wink.gif

Terry