If your car has suffered damage, it can be expensive to have the repairs done. Whether or not your vehicle is covered depends on how it was damaged and the specific insurance coverage that you have.
Comprehensive coverage covers the damages that your car sustains that aren’t caused by a collision. If your car was damaged because debris fell on it, then comprehensive coverage would take care of those damages.
If a limb fell from a tree and damaged your vehicle, you would file a tree damage claim under your comprehensive insurance coverage. While these claims aren’t considered to be your fault, you may have a deductible to pay depending on your policy.
When you purchase an auto insurance policy, you will choose a deductible. The lower your deductible, the higher your monthly premiums. When you are choosing a deductible, you should be aware of how much you will have to pay out of pocket should you file a claim. You don’t want a deductible to be higher than what you can afford to pay out of pocket.
If your vehicle was hit by debris from a storm, then you would file a comprehensive claim. If your car was hit by debris from another vehicle, such as something that fell from the back of a truck, you may be able to recover compensation for your damages from the other party and your insurance will not have to cover the costs.
You should take the time to discuss your options with your agent when you are purchasing auto insurance coverage. You will need to carefully review your deductible and your coverage limit because that will affect how much you pay out of pocket.
You want to make sure you buy the right coverage for your specific needs. If you don’t have comprehensive coverage and you have a comprehensive claim, you will be paying to fix the damages out of pocket. Consider if that is something that you can afford should you end up in that situation.
For more information on determining damages after debris falls on your car, visit Determining Damages in Personal Injury Claims.
If you were driving down the road and debris fell off a truck and damaged your car, you are probably wondering who is responsible for your damages. Auto repairs can be expensive. If the cargo was not properly secured and fell from the truck, or if debris was blowing out of the truck because it was not secured, the truck’s insurance would be liable for your damages.
However, you will have to prove that the debris fell from the truck in question. In some cases, that might be easier than others. For example, the truck driver might admit it fell from the truck or depending on the debris, it might be obvious that it fell off the truck in question. Also, if you have eyewitnesses to support your claim, that would also be helpful in a successful claim.
Examples Of Damages To Vehicles From Falling Debris
Falling debris might include rock from a dump truck. Falling rocks can damage windshields. Many trucks that haul rocks or similar items have a sign that is warning vehicles to stay back 100 feet or so because of the possibility of falling rock or similar materials.
Often, the trucking company is not liable because the driver is following too closely. In that case, the claim must be filed with your own comprehensive insurance coverage. But, if the driver was irresponsible in securing the load, such as he or she failed to cover the load as required, the trucking company would then be liable for the damages.
Why is Debris So Dangerous for Motorists?
“Something flew off another car and hit mine.” It’s a sentence many drivers will speak at some point in their lives.
However, it’s important to understand that debris falling from another vehicle can significantly jeopardize the safety of motorists with whom they share the road. This is true even if the debris isn’t particularly heavy.
Reasons why debris falling from another car and striking yours is so dangerous include the following:
- Debris can strike windshields or windows. If these surfaces crack or shatter, a driver may be at risk of significant injury. Even if they don’t shatter, a cracked windshield can render it difficult for a motorist to see the road in front of them.
- The damage that falling debris causes to vehicles isn’t always exclusively cosmetic in nature. Debris can also cause internal damage to a vehicle. Such damage could impact how safe it is to operate.
- You may attempt to swerve out of the way to avoid falling debris. Even if you don’t, knowing this could make the situation even more dangerous, another motorist might. Such a maneuver could result in a collision.
The injuries you and other motorists could sustain as a result of debris falling from other vehicles may be quite serious. If you’re traveling at a high rate of speed, the injuries you sustain may even be traumatic in nature, potentially resulting in lifelong difficulties. All motorists must guard against this by securing items to their vehicles so they don’t fall off while they’re driving.
Who Is Responsible If Debris Hits Your Car?
If debris falls from another vehicle and hits your car, in most situations the driver of the vehicle from which the object flew from would be liable for any damages. You will need to prove that the damages and injuries you suffered were a direct result of the other driver’s negligence.
As an example, your car was hit by a piece of lumber that fell from a truck. In that case, the driver failed to check his load and ensure that it was properly secured.
You were driving behind a car that had a luggage rack on top and a suitcase fell off landing on the hood of your vehicle and causing you to crash. In that case, the driver obviously failed to properly secure their load and that can be shown as evidence toward proving that the other party was negligent and should be held liable for the damages that you suffered because of the accident.
When debris falls and hits your car, it will result in property damages to your vehicle. However, sometimes it can lead to an accident that will leave you with injuries. As an example, if something falls and breaks your windshield, or if something startles you as it strikes your hood, it could lead to you running off the road or striking another vehicle or some other object.
If you can show that the accident was caused by someone else’s negligence, you can hold them responsible for your damages. With the help of a personal injury lawyer, you are much more likely to succeed with your claim against the other party.
Your lawyer will help prove your claim by showing how all four elements of negligence were met. With the supporting documentation, including the accident report, the lawyer will explain exactly what happened and why the other party should be held liable for the damages and injuries that you suffered.
For more information on proving that you are not at fault, visit How Do I Prove I'm Not at Fault for an Auto Accident?.
The Four Elements of Negligence
There are four elements of negligence and every element must be proven for a personal injury claim to be successful. The first element is to show that the other party owed you a duty or a responsibility. In this case, that is easy to prove because all drivers owe others a duty or a responsibility to drive safely and to adhere to traffic laws.
Next, you must show that duty was breached. In this case, it was breached by allowing the debris to be in a position so it could fall from the vehicle. Next, you must show that when that debris fell from the vehicle it caused the accident.
So, in this case, your car wasn’t damaged until it was hit by the falling debris. Then lastly, you must show that your damages were a direct result of the falling debris on your vehicle.
The statute of limitations – or time limit – for filing a personal injury claim varies from one state to another. If you don’t file your claim within that specified time limit, you will not be able to recover compensation for your damages.
A personal injury lawyer will be familiar with the personal injury laws in your state and can ensure that your claim is filed in a timely manner. With the help of an accident injury attorney, you are much more likely to recover compensation for your damages.
When you enlist the help of a personal injury lawyer, your lawyer will take the case on a contingency basis, which means that your attorney will not be paid until you win your claim and recover compensation for your losses through either a settlement or a judgment.
Because time is of the essence, you should schedule your free case review today so you can get your claim on track and make sure you don’t miss out on you opportunity to recover your losses.
For more information on filing a claim with a personal injury attorney, visit When Is It Too Late To Get A Lawyer For A Car Accident?
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How To Avoid Road Debris
If debris from a truck hit your car, you may be thinking to yourself, how can I not let this happen again? One of the top ways ways is to always keep your eyes on that. Never let yourself get distracting by other things in your car, such as your phone.
When you have your eyes on the road all the time, you have a better chance of avoiding debris from the truck than if you weren't paying attention.
Make sure not to tailgate either, the further away you are from the truck ahead of you, the more time you to drive around the falling debris from the truck. Be aware of all of your surroundings so you can safely maneuver around the fallen debris from the truck.
What To Do If Your Car Was Damaged By Debris That Fell Off a Truck
If your car suffered damages because debris fell off a truck, you should call the police right away to have an accident report completed. Take photos of the damage and of the debris. If the truck drives off, remember as many details as you can.
For example, the company name, the color and make of the truck, or any number to identify the truck on the back. If possible, get the truck’s license plate details. Also, ask any witnesses to stay on the accident scene to give statements regarding the accident and what they saw. You will need to get a written estimate for repairing damage. You can do this by taking your vehicle to a qualified auto body repair shop.
Consult With a Personal Injury Attorney
If debris fell off a truck and damaged your car, you should consult with a personal injury attorney. Such claims are challenging, and often, auto insurance companies initially deny such claims. With the help of an attorney, you are much more likely to get your vehicle repaired and get your damages covered.
Complete the Free Case Evaluation Form on this page, so a lawyer in your area can review the details of your case and determine the best way to proceed with your personal injury claim, which will include the property damage to your vehicle.
