Windsheild damage claim

Discussion in 'Lawn Mowing' started by MowersAhead, Aug 12, 2001.

  1. MowersAhead

    MowersAhead LawnSite Member
    Posts: 8

    Yesterday when I came home from work
    I had a message from someone who claimed I threw a rock and broke the window on her car.
    I called and asked why she didnt stop and tell me about it and she said, she was late for work and couldnt .

    I dont think its fair to have to just take the word of a stranger.

    I think the person should stop and tell me so that I can at least make my own evaluation before paying out money.

    I was wondering if anyone knows if there are any laws pertaining to

    When or if a person has to stop.
     
  2. Randy Scott

    Randy Scott LawnSite Bronze Member
    Posts: 1,915

    That's why people carry insurance. Let her try and prove you broke the windshield. People are always looking to screw someone. Tuesday this week a blue Dodge pickup passed me coming towards me and kicked up a stone and chipped my windshield. As soon as he passed me it hit, no doubt it was from him, nobody else on the road. Big deal, it was an accident, I didn't chase him down and tell him he broke my windshield. That's life, these people that pull this sh@% deserve no respect. Does she think she will scare you into paying for it? Was your vehicle lettered and she thinks you are afraid of her spreading rumors? She gets nothing! End of story. Even if you did break it, it was an accident beyond your control. Maybe you should go after whoever is in charge of keeping stones off the road in the first place, that's just as stupid.
     
  3. dhicks

    dhicks Member
    Posts: 771

    Ignor her (unless a good customer) or advise her to contact her insurance company. She cannot prove it.
     
  4. LoneStarLawn

    LoneStarLawn LawnSite Bronze Member
    Posts: 1,415

    Hopefully you have insurance in the first place. Will be kind of hard for her to make a claim since she did not talked to you right after it happend. I don't know..I guess you will find out though.
     
  5. mdb landscaping

    mdb landscaping LawnSite Silver Member
    Posts: 2,205

    its just an act of god. her insurance will take care of it. if im correct i think your insurance is prepared for two windshield claims a year. i know a guy who owns a fuel oil company. he gets people calling him all the time saying his truck kicked up a rock. he says "look ive got mud flaps im legal. and what does the truck say. im hauling oil not rocks". the only way you could get charged if you had rocks on your bumper that you didnt clean off and they called the police right away.
     
  6. wallzwallz

    wallzwallz LawnSite Senior Member
    Posts: 361

    I'm pretty sure glass is covered under all car insurance,i'd tell her sorry but you never saw anything so she's SOL.If you admit to anything you may get sued for negligence w/ thus sue happy world. There's a real big trucking outfit around here with signs right near there gvw that says not responsible for broken windshields.:blob2: people just trying to get something for nothing
     
  7. kris

    kris LawnSite Bronze Member
    from nowhere
    Posts: 1,579

    I would have a hard time with someone not stopping right away , but as far as the comments about not being responsible I think that is a bunch of bull.... Of course you are responsible if the trimmer or mower hits a rock and breaks something..We had a incident last year from a trimmer breaking a side van window...they were directed to the glass shop that we deal with and looked after right away...no it didn't go through our insurance. We have a thousand deductible. Take responsibility if you did it .
     
  8. CMerLand

    CMerLand LawnSite Senior Member
    Posts: 393

    Dont know about where you live but here in NJ unless you have comp coverage on your car windshield damage or any non collision damage for that matter is covered. On top of that most carry a 500 deductible and most windshields would not cost that much.

    Id ignore the claim unless she can prove that you caused the damaged, but make sure you have your ducks in a row. Do you have route sheets that indicate the where and what time you were at the property? How did she identify your company?? If she had the time to stop and get the number off your truck why not say question you on it right then and there?? Most importantly did you remove the shields from your weedeaters making it more likely to launch a rock? All good records to have in your possession for when these types of claims come up days weeks or months after the fact.
     
  9. crazygator

    crazygator LawnSite Bronze Member
    Posts: 1,048

    As stated above, just leave it alone. She did not stop and make it a reported incident, so no proof you did it. You did not tell her your insurance carrier did you? If so I would call and tell them what happened, so she cant just run it through on you. But to have a claim, you have to get the report then and there.
     
  10. Got Grass?

    Got Grass? LawnSite Senior Member
    Posts: 363

    Just make sure you put the safty chutes back on the mowers if thay are not allready. Thay could prolly say it was your fault for disabling safty features and get you on that alone.
    Glass is not always coverd under insurance I know I have to pay out a couple bux more for full glass with no deductable. Started pouring one day and the window wouldnt go up. so I rolled it even harder of cource it broke and I got soaked. Turned out the track got screwed up but thay coverd it.

    Do not admit it could even remotly be your fault or even tell her you are sorry for what happened. Thay say if you apploigize you must have done something wrong and its the same as admiting guilt in most cases.

    Can she prove it was you who broke it? Did she see the rock come directly from you? Or just see her window break and figured it was the landscaper? Was her window cracked before?

    She didnt stop so she may not be able to get anything. Seriously if the rock really did break the window wouldnt there be glass all over her forcing her to stop right then? If the window was broke would she have really drove to work and let the car sit in the lot with the window broke? You wouldnt leave your truck window open would you?

    If it was the windshild then she may not have anything even if it was you becasue she Illegaly drove the car with a broken windshild.
     

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