Semi Truck and "debris" from highway?

Question

Okay, so I was passing a semi this afternoon on the highway when a huge metal debris flew (what it looked like) off of the semi to the underside my car, which I then hit with the front drivers side wheel. It cracked and ruined a good portion of my body kit. So, I flagged the truck down and asked for his insurance card. He said that he was not liable for the damage because it did not come off of his truck. He claims it was on the road already. Well, I got his name, plate numbers, company name, all that, but basically he just left. I was hoping someone may have experience dealing with something of this nature and may have some advice for me to try to get my car fixed? The car seems to be fine otherwise, but I would like to get it fixed if possible. I plan on calling his company in the morning, so maybe some words of advice before I try talking with them.

Answer 1

i agree with go-to guy. go with him.

Answer 2

This will probably turn into a "he said, she said" situation.

Do you have the piece of debris? You could have matched it to the truck if it truly was a piece of the truck.

Answer 3

First of all all trucks with debris are supposed to be covered, so if he didn't have a cover on his rig, he's in violation. That's when it pays to have a camera to take pictures of the scene and the vehicle.

If you know the truck company, is it possible to go out early in the morning and photograph/videotape the truck without a tarp? That would be good evidence if they claim there is no way the debris fell from their rig.

Answer 4

Oh yes,,,,    they owe you bigtime..  Any debri on the highway or coming off of the truck or being launched or hurtled by the truck is the owner,  or the companies problem,, not yours..   What if that debri had injured someone?  Big trucks pose a far greater risk of this because of the weight  of the vehicle. I would throw a fit,,, personally.  Could you possibly get the peice of metal?  To see if it did come off the truck? you would have a better chance if it did.             Grey

Answer 5

First of all, anyone stating that road debris hitting your car is the other person's fault is incorrect.  I already answered a similar question to this for another person.

Rocks, and other debris on the road are generally unavoidable, and therefore considered "no fault."  Your own insurance will cover your vehicle after you pay a deductible.

If the item hitting your car was physically in the truck or an attachment of the truck, and fell off, hitting your car due to negligence, it is THEN the truck in question's fault, and his insurance is liable for damages to your car.  But without the piece that hit your car, you are caught in a "he said, she said" and it will still affect your insurance history since you are filing a claim despite the fact it was not your fault.  

If the damage is less than $300, then you may be better off paying to get the repairs done on your own.

The best thing to do if you want to move forward with this, is to give the trucking company's information to your insurance, and let them fight it for you.  They can tell you what avenues would be best for you to pursue.

Your insurance may ask YOU to get the company's insurance information.  (Mine did, and it was not pleasant...)  Remember to stay calm the ENTIRE time...  When, you call the company, tell them what happened, and ask for the insurance information.  If they do not give it to you, (I had this problem) contact your local police department.  If there was an incident, they have to give you that information.  Also, fill out a report with EVERY detail you can remember (including the truck driver's demeanor) and file it with the police if you haven't already done so, so that it is on record.  Let your insurance company guide you in which direction to go from there.

I know it doesn't seem fair, but unfortunately that is how it plays out.

In a different scenario, I won a lawsuit against a dump truck driver who was overloaded with gravel, and not covered properly.  In this case, I even had testimony from a State Trooper that pulled him over for that very reason minutes earlier.  The gravel was falling out of his truck, bouncing all over the road, and chipped my paint from front bumper to rear trunk lid.  There was so much debris falling out, that I had some as evidence that had bounced into my car through the sunroof and hit me on the head!  With all the evidence I had, I was able to win... and got a new paint job, but it took a while, and his insurance still put up a fight.

Hope this helps!

Answer 6

is it possible the truck ran over the piece and that kicked it  in the air. were you following to close. your best bet would be if you can match the metal to the truck, otherwise good luck