TrophyHusband 0 #1 December 15, 2008 this morning while my wife was on the way to work, a uniform truck passed her and as it did, a ice flew off the top of it and hit the top of my wife's car, shattering the moonroof. we are now on the hook for a $500 deductable. i'm now curious as to whether or not the driver of the truck has the responsibility to clear the ice from the top of the truck in the morning, and if we should take the uniform company to small claims court for our $500 deductable, or if we should just chalk it up to "shit happens". "Your scrotum is quite nice" - Skymama www.kjandmegan.com Quote Share this post Link to post Share on other sites
skymama 35 #2 December 15, 2008 Do you have any proof?She is Da Man, and you better not mess with Da Man, because she will lay some keepdown on you faster than, well, really fast. ~Billvon Quote Share this post Link to post Share on other sites
stitch 0 #3 December 15, 2008 I'm not a lawyer, but I would say it falls under act of god or road hazard. Meaning there isn't much you can do about it. Example. You're driving down the road and you hit a pothole. It damages your car,. Can you sue the state for not keeping the roads up ??"No cookies for you"- GFD "I don't think I like the sound of that" ~ MB65 Don't be a "Racer Hater" Quote Share this post Link to post Share on other sites
diablopilot 2 #4 December 15, 2008 Call the company and see if they or their insurance will play ball.---------------------------------------------- You're not as good as you think you are. Seriously. Quote Share this post Link to post Share on other sites
billeisele 122 #5 December 15, 2008 my guess is yes, but it helps if you stop the driver and get a cop my Wal-Mart law degree says that it was a foreseeable event and therefore negligence a parallel would be: during a wind storm a healthy tree falls from your yard and hits your neighbors car -that is Act of God, but if the tree was dead or rotten and you should have know it then it is your faultGive one city to the thugs so they can all live together. I vote for Chicago where they have strict gun laws. Quote Share this post Link to post Share on other sites
Icon134 0 #6 December 15, 2008 QuoteI'm not a lawyer, but I would say it falls under act of god or road hazard. Meaning there isn't much you can do about it. Example. You're driving down the road and you hit a pothole. It damages your car,. Can you sue the state for not keeping the roads up ??Yes... probably... will you win... who knows... maybe not... but you certainly can sue them for damages...Livin' on the Edge... sleeping with my rigger's wife... Quote Share this post Link to post Share on other sites
prodiver913 0 #7 December 15, 2008 the sooner you contact them the better your chances. Too much passing time = anybody could have done it I'm completely in favor of the separation of Church and State. My idea is that these two institutions screw us up enough on their own, so both of them together is certain death. Quote Share this post Link to post Share on other sites
MakeItHappen 15 #8 December 15, 2008 Quotethis morning while my wife was on the way to work, a uniform truck passed her and as it did, a ice flew off the top of it and hit the top of my wife's car, shattering the moonroof. we are now on the hook for a $500 deductable. i'm now curious as to whether or not the driver of the truck has the responsibility to clear the ice from the top of the truck in the morning, and if we should take the uniform company to small claims court for our $500 deductable, or if we should just chalk it up to "shit happens". I don't know the answer, but if you do pursue it, ask them to pay the entire bill so that it is not a claim on your insurance. Also there are lawyer sites where you can ask questions like that. Be sure to mention what state you are in. Sometimes you can call local lawyers and get an answer for free. Your insurance company might know the answer too. .. Make It Happen Parachute History DiveMaker Quote Share this post Link to post Share on other sites
SuFantasma 0 #9 December 15, 2008 Quotethis morning while my wife was on the way to work, a uniform truck passed her and as it did, a ice flew off the top of it and hit the top of my wife's car, shattering the moonroof. we are now on the hook for a $500 deductable. i'm now curious as to whether or not the driver of the truck has the responsibility to clear the ice from the top of the truck in the morning, and if we should take the uniform company to small claims court for our $500 deductable, or if we should just chalk it up to "shit happens". To jump on the bandwagon of "But I stayed at a Holiday Inn Express last night..." : a number of states have enacted laws requiring the operator of the vehicle to clear accumulated snow and ice before taking the vehicle on the road. Is your state one of them? What does the driver's license manuals says?Y yo, pa' vivir con miedo, prefiero morir sonriendo, con el recuerdo vivo". - Ruben Blades, "Adan Garcia" Quote Share this post Link to post Share on other sites
TrophyHusband 0 #10 December 15, 2008 my wife saw the ice fly off the truck and heard the crash as it hit the top of the car. the truck went to the base, so there is a gate log placing the truck there at the time. from that, we would have to hope that a judge would know she wasn't just making it up. "Your scrotum is quite nice" - Skymama www.kjandmegan.com Quote Share this post Link to post Share on other sites
TrophyHusband 0 #11 December 15, 2008 i'm not sure its an act of god. if a truck has an unsecured load and something flies out and hits someone, they are definately responsible. this is pretty similar though, due to the small amount of money it will cost the insurance company, around $500 for them, they weren't interested in the contact info for the uniform company. they said they consider it a "hazard of the road". who knows, maybe a judge would say the same thing. "Your scrotum is quite nice" - Skymama www.kjandmegan.com Quote Share this post Link to post Share on other sites
TrophyHusband 0 #12 December 15, 2008 i've already called them. the person i talked to was sympathetic, but didn't know what, if anything, would be done about it. she said she would have her manager call me back, but a haven't heard from him yet. "Your scrotum is quite nice" - Skymama www.kjandmegan.com Quote Share this post Link to post Share on other sites
TrophyHusband 0 #13 December 15, 2008 i already turned it in to my insurance. we're having a bit of a wind and snow storm here and i need it fixed asap. "Your scrotum is quite nice" - Skymama www.kjandmegan.com Quote Share this post Link to post Share on other sites
TrophyHusband 0 #14 December 15, 2008 i'm going to google that one, thank you. "Your scrotum is quite nice" - Skymama www.kjandmegan.com Quote Share this post Link to post Share on other sites
stitch 0 #15 December 15, 2008 That's what I figured they would say. I just used act of god, because it was ice."No cookies for you"- GFD "I don't think I like the sound of that" ~ MB65 Don't be a "Racer Hater" Quote Share this post Link to post Share on other sites
SuFantasma 0 #16 December 15, 2008 To make it easy, since I knew this one for a fact: http://www.nj.com/news/index.ssf/2008/01/new_jersey_drivers_could_face.htmlY yo, pa' vivir con miedo, prefiero morir sonriendo, con el recuerdo vivo". - Ruben Blades, "Adan Garcia" Quote Share this post Link to post Share on other sites
stitch 0 #17 December 15, 2008 The problem with that, especially concerning commercial trucks, is the ice or snow is usually frozen to the roofs. Nothing short of a sledge-hammer is going to remove it. Most drivers start their routes before sunrise. Then as the temperatures rise, both inside and outside of the vehicle, the ice/ snow breaks up and comes off in chunks."No cookies for you"- GFD "I don't think I like the sound of that" ~ MB65 Don't be a "Racer Hater" Quote Share this post Link to post Share on other sites
TrophyHusband 0 #18 December 15, 2008 i called the idaho state patrol and their only requirement is the the windshield is cleared. "Your scrotum is quite nice" - Skymama www.kjandmegan.com Quote Share this post Link to post Share on other sites
JohnRich 4 #19 February 4, 2009 Quotethis morning while my wife was on the way to work, a uniform truck passed her and as it did, a ice flew off the top of it and hit the top of my wife's car, shattering the moonroof... Related news:District cracks down on icy cars The District cracked down Tuesday on motorists who fail to clean their vehicles after winter storms, which can result in chunks of ice hurtling onto other vehicles. The City Council unanimously approved the ordinance, which makes the District the only U.S. city with such a law...Source: http://www.washingtontimes.com/news/2009/feb/04/district-cracks-down-on-icy-cars/ Quote Share this post Link to post Share on other sites
BillyVance 34 #20 February 4, 2009 I remember an incident in Alabama years ago where a huge chunk of icy snow slipped off the top of an 18 wheeler and smashed through the windshield of a car behind it, killing the driver. There was a snowstorm in VA, NC and eastern TN the truck came out of. The truck was never found and most likely the driver didn't know he was carrying lethal loads like that."Mediocre people don't like high achievers, and high achievers don't like mediocre people." - SIX TIME National Champion coach Nick Saban Quote Share this post Link to post Share on other sites
Amazon 7 #21 February 4, 2009 Quote a parallel would be: during a wind storm a healthy tree falls from your yard and hits your neighbors car -that is Act of God, but if the tree was dead or rotten and you should have know it then it is your fault I collected $4500 for a neighbors tree that fell and detroyed the cabin of one of my old boats. It also hit the roof of my storage shed and damaged it. The tree was dead and should have been removed and I had suggested that to the owners. I did have to have an appraiser come out.. and I had to have a marine surveyer come and give a current value of the boat before the wind storm that snapped off the tree about 6' above the ground. Their insurance paid.. but the wife STILL hates my guts for just not forgetting about it and being neighborlyI still have not removed the boat.. I am going to take some of the parts off it because its more work to restore now than I am willing to do on it. Last summer they put up a 6' high cedar plank fence so they would not have to see the boat in its broken state back there in the corner of my property behind the garage. I jacked it up some.. so the damaged part can still be seen over the top of the fence Quote Share this post Link to post Share on other sites
Andy9o8 0 #22 February 4, 2009 Let me bottom-line this for you: Yes, you have a case. Yes, they should be taken to court if they don't pay up. If your wife is believed, I'd say you've got about a 90% chance of winning. CAUTION: Did YOUR insurance company pay some of the bill (or front it all, and charge you the $500 deductible)? If so, be sure to carefully coordinate your efforts with theirs. Your policy almost certainly has a provision that you cannot do anything to compromise the insurance co's right to "subrogation" (the ins co's right to claim reimbursement from the uniform company). In other words, if you file suit only for your $500 deductible, that could extinguish the ins co's claim against the uniform co, in which case your ins co would make YOU pay for that. So if you file suit, do so for the WHOLE amount of the claim, so that both you AND your ins co get reimbursed. By the same token, make sure that your ins co pursues not just the above-deductible amount THEY paid, but the entire claim, so that you get reimbursed, too. Talk this specific issue over IN DETAIL with your insurance agent. Quotei called the idaho state patrol and their only requirement is the the windshield is cleared. That just means they didn't violate a statute; it doesn't mean they weren't negligent. They were: it is anticipatable that ice on a truck will, if not cleared off, break off during travel and cause damage and/or injury to others. Therefore, failure to clear the top of a vehicle of ice before transit is negligence. The above was cheerfully brought to you by an actual attorney. See the difference? Quote Share this post Link to post Share on other sites
JohnDeere 0 #23 February 4, 2009 QuoteTheir insurance paid.. but the wife STILL hates my guts for just not forgetting about it and being neighborly WTF???? She must be an ignorant BITCH!Nothing opens like a Deere! You ignorant fool! Checks are for workers! Quote Share this post Link to post Share on other sites
masterrig 1 #24 February 4, 2009 Quote Quote a parallel would be: during a wind storm a healthy tree falls from your yard and hits your neighbors car -that is Act of God, but if the tree was dead or rotten and you should have know it then it is your fault I collected $4500 for a neighbors tree that fell and detroyed the cabin of one of my old boats. It also hit the roof of my storage shed and damaged it. The tree was dead and should have been removed and I had suggested that to the owners. I did have to have an appraiser come out.. and I had to have a marine surveyer come and give a current value of the boat before the wind storm that snapped off the tree about 6' above the ground. Their insurance paid.. but the wife STILL hates my guts for just not forgetting about it and being neighborlyI still have not removed the boat.. I am going to take some of the parts off it because its more work to restore now than I am willing to do on it. Last summer they put up a 6' high cedar plank fence so they would not have to see the boat in its broken state back there in the corner of my property behind the garage. I jacked it up some.. so the damaged part can still be seen over the top of the fence Gee! Nice neighbors ya' got there! I love the part about jacking the boat up!Chuck Quote Share this post Link to post Share on other sites
happythoughts 0 #25 February 4, 2009 Oh, thank God. This is a legal issue. I thought this was another STD thread. Quote Share this post Link to post Share on other sites
