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Damage to car - is other person liable in this situation?

J

Jeraden

Platinum Member
Got a call from my wife earlier. She was on the highway and the car in front of her ran off the road for some reason, hit some big pot hole while on the shoulder area of the road, which caused some huge chunk of rock to fly up and nail our car. There is now a huge dent in the side of it and its all scratched up to the metal. The other driver stopped since I guess she was afraid the pothole damaged her car, so my wife stopped behind her and asked for her insurance when she saw the damage (which she heard/felt quite loudly). The other driver refused and just drove off saying it wasn't her problem. She got the license number and everything.

Is it worth doing anything about it? Seems its a direct act of the other persons negligence that caused some fairly heavy damage to our car. Or is this something we're better off just taking up with our insurance and the other person has no liability for?
 
I would assume that the other person is liable, as he hit the pot hole causing the chunk of rock to fly up and hit her car. I would call your insurance company to confirm.
 
I don't know, but I have been reimbursed by the county once for damage to a wheel on my car from a big-ass pothole.
 
That's really hard to say, but I don't think they'd be at fault despite the severe damage. That must have been a big rock! Call up your insurance company to find out what you can do about this. Either way, you'll have to call them to get the damage fixed anyway.
 
Originally posted by: Jeraden
Seems its a direct act of the other persons negligence that caused some fairly heavy damage to our car.
Click to expand...

:roll:

It's not her fault. You just were unlucky. Fix it with your own insurance if you want a move on. At best, you might get reimbursed from the city/county/state for the poor conditions in the road.
 
It isn't her problem at all. How is it her responsibility how any projectile hits your car when it didn't even come off of HER car? If she was towing something and a huge ass rock smashed your windshield falling off of the trailer that's a different story. A friend of mine had his windshield smashed in by a cinder block that fell off of a construction truck going at 20 MPH. THAT is the truck's fault. The pothole, however...is a different story.
 
Once it was raining, and some guy in front of me hit a puddle, and the water flew back and hit my tire, causing me to spin off the side of the road, the guy should pay for any damage to my car, right?
 
I figured the fact that she was driving on the shoulder, which as far as I know isn't a legal thing to do and is what caused the situation, might give me some grounds of action.
 
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