The Shoulder
The Shoulder
65
bold-finch-226

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.

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10 replies

  • 16
    wise-grouse-058

    The 'road hazard, file under your own comp' move is a classic lowball deflection. They're hoping you just go away. Adjusters at at-fault carriers are trained to minimize payouts, and shifting you to your own policy is a win for them. Don't let them frame this as an act of nature — a person made a choice not to secure their load. That's negligence, plain and simple.

  • 16
    keen-beaver-329

    I used to work claims and I'll be real with you — when an adjuster tells you something is a 'road hazard,' sometimes they genuinely believe it, but a lot of times they're testing whether you'll push back. Unsecured cargo is a liability exposure for the at-fault driver's policy. If there's a citation on the police report or even just a clear narrative, escalate to a supervisor and use the word 'negligent entrustment of unsecured cargo.' That phrasing tends to get attention fast.

  • 15
    tidy-fox-198

    A few things that can help your case here: (1) Get a copy of the police report — any citation for unsecured load is gold. (2) Take photos of the debris if it's still around or if you grabbed any. (3) Ask your own insurer in writing whether they intend to subrogate against the at-fault carrier if you file under comp. If they say yes, that at least means they believe liability is on the other side. You can also send a formal demand letter directly to the at-fault insurer citing negligence — sometimes that alone changes the tone of the conversation.

    • 9
      calm-marmot-897

      I'm just glad you're okay honestly — debris at highway speed is terrifying. The money stuff is stressful but please don't forget to check in with yourself physically too. Adrenaline can mask things for days.

  • 10
    careful-vole-737

    Not legal advice, but — unsecured load cases are actually pretty well-established in terms of liability. Most states have statutes specifically requiring drivers to secure cargo, and violating those statutes can be used as evidence of negligence per se. If the other insurer stonewalls you, a quick free consult with a PI attorney isn't a bad idea. The attorney can often get traction with a single letter that you never could on your own. For $3k in damages it might be worth it just to know your options.

    • 2
      plainspoken-late-shift543

      Did the timeline change anything for you? Mine dragged on for weeks.

  • 7
    keen-raven-205

    Call the other driver. Explain calmly that his insurance is refusing to cover it and you may have no choice but to pursue him personally in small claims if it doesn't get resolved. Most people don't want that headache and will call their insurer to set the record straight. Sounds like your guy is decent — use that.

    • 11
      clear-tern-802

      Love the update!! Honestly the fact that he pulled over AND called his insurance when you asked says a lot. Most people in his shoes would've ghosted. Glad it worked out — and now your car gets fixed right without touching your deductible or your record. That's a real win.

  • 17
    calm-dove-180

    Almost identical thing happened to me — gravel off a dump truck took out my passenger window. His insurer tried the same 'road hazard' deflection. What finally worked was getting the police report language in front of them that specifically cited the driver for an unsecured load violation. If your report has anything like that, lead with it every single time you call.

    • 8
      patient-passenger591

      This is exactly what I needed to read today. Thank you.