Cal Trans truck broke my windshield

[AirSpeed]

Going down the hiway and a Cal Trans dump truck was coming towards me, as he got almost next to me something flew off the truck and broke my windshield. I'm thinking he was hauling gravel and a chunck bounced out and hit me, I heard about five impacts but haven't been able to look my truck over as its been pouring rain, it was definately from his truck. I called Cal Trans to make a claim but had to leave a message and am supposed to receive a call, probably not until Monday since their claims office closed at 3:30. Anyone ever dealt with a situation like this? Am I going to have to fight to get them to replace my windshield? Sucks as it was a newer windshield and was flawless, also sucks since I just got the truck out of the shop after hitting a deer. My truck is cursed!

[Andy4639]

Good luck with that. In SC they would tell you unless you can prove it was part of the load and not something off the road it's yours. How you going to prove it was a rock out of the truck and not one a tire threw up? I'm just giving you a heads up.

In SC the insurance pays for it and it doesn't cost you a thing.

[AirSpeed]

Originally Posted by Andy4639

Good luck with that. In SC they would tell you unless you can prove it was part of the load and not something off the road it's yours. How you going to prove it was a rock out of the truck and not one a tire threw up? I'm just giving you a heads up.

In SC the insurance pays for it and it doesn't cost you a thing.

Yea, I'm not banking on them taking care of it, it's worth a try but I don't have a lot of confidence they do anything. I'd use my insurance but I just had a large claim with them and don't want to push it.

[truckster]

It can't hurt to try. Be sure to document when and where it happened. Did you get a license or unit number?

[Fldawg]

i would'nt waste my time, i was coming back from crusin the coast and a semi passed me kicked up a rock and bam busted windshield, i would'nt worry about claiming a windshield

[tcrist]

In Cali they are not liable anymore. It is considered a road hazard. Unless you have video of it, you will have to use your own insurance to replace it.

[SFBay69]

I recently had a coworker file a claim for two windshields in 6 months on interstate 880 here in California. He paid up front and was reimbursed for the total of each claim to include labor WITH A RECEIPT. Fill out the form and submit it per their instructions and you should have a fighting chance. California roads are pretty horrible.

http://www.dot.ca.gov/damageclaims.htm

[cooperhw]

It's a "Road Hazzard". Just the same as if someone pulled you over and said "when you went past me your pickup tossed a rock into my windshield". Part of driving on our roads. Sometimes you are the one on the receiving end.

[BugzC10]

Originally Posted by SFBay69

I recently had a coworker file a claim for two windshields in 6 months on interstate 880 here in California. He paid up front and was reimbursed for the total of each claim to include labor WITH A RECEIPT. Fill out the form and submit it per their instructions and you should have a fighting chance. California roads are pretty horrible.

http://www.dot.ca.gov/damageclaims.htm

At least they have a process for filing a claim...meaning they recognize that their line of work causes damage to personal property. If it was a private trucking company you would have a bigger fight on your hands.

[hugger6933]

Our county road guy had painted on the back of his trucks "stay back 200 feet" he said that removes the liability. I asked how can I stay 200 feet if I'm meeting you in the road? Just one of those things that make you go HMMM. He said in by doing that he didn't have to pay for any windshields OR tarp the rocks down as the state law requires.
I would be careful with the insurance co they might drop you after you pay your next prem.
I pay $149 to have the glass co come 90 miles to me and put in windows[winders as there known here in AR] so check around for some discount auto glass companies . The same $140 windshield here is about $700 for insurance. Good luck no matter what you try. Jim

[Jrainman]

I commute big miles every single day for work where I get on the interstate there is a quarry and tri axle after tri axle are also entering the interstate ,in 20 year I have lost about 15 to 20 windshields on my cars and trucks from these dam dump trucks , Some pay some don't ,but its always PIA just dealing with them.

THE best thing I have found to do is that you can buy or add Glass insurance on your car or truck with a $50.00 deductible . so instead of forking over 200-250 for the glass its only $50 loss if you cant get them to pay.

[AirSpeed]

I filed a claim, just have to see what happens. Not a big deal if they don't pay, I think I paid $200 installed for my last windshield so it's not going to kill me. Seems my truck atracts projectiles, a couple years ago a guy in front of me had a box of small steel parts fall out of his truck, I heard something hit my truck so I pulled over behind him as he went back to clean up his mess, couldn't find any damage so I helped him pick up the steel off the hiway, I took off while he rearranged his load and about two miles down the road I saw steam coming out from under my hood, found a piece of steel stuck in my new radiator, had my hood up and the guy drove right past without blinking an eye.

[truckster]

The law in most states is pretty clear; if the debris that causes damage comes from the road, the driver of the vehicle is not responsible. If, however, the debris comes off of the vehicle, the driver or owner of the vehicle is liable. The trick is proving that the debris came off of another vehicle rather than the road. Unless you've got video, most drivers are simply going to deny liability.

[In The Ten Ring]

I suspect dash cams will become more popular for such things.

And that's what it's going to take to force accountability. Good luck. Sorry it happened to you.

[AirSpeed]

Well I got a call from Cal Trans today, they're going to pay to replace my windshield. Fortunately they have gps on all their vehicles and traced their truck to the location where it happened. Should have a check within two weeks.
It's nice to have a company actually take responsibility!

[geunther]

Wow, great news. I always laugh about the semis I see driving around with the sticker that says "Stay back 200 feet, not responsible for broken windows". Well, that sticker does not take away your responsibility if whatever broke my window came from your pay load (road rocks are a different story here though).

Good for you!

[AirSpeed]

Originally Posted by geunther

Wow, great news. I always laugh about the semis I see driving around with the sticker that says "Stay back 200 feet, not responsible for broken windows". Well, that sticker does not take away your responsibility if whatever broke my window came from your pay load (road rocks are a different story here though).

Good for you!

Thanks!
The claims woman told me it didn't matter if it was a rock off the road or a toolbox, they still pay. I didn't have to even tell her what hit me, all she wanted was the time and place and an estimate for repairs. She said they pay thousands of claims every year. I would hate to pay their insurance premium! (Oh wait, I do!)

[tcrist]

That's great news. I really did not think that they would do that. Guess it was because of the GPS.

But if you think about it. All that someone needs to do with an already cracked windshield is to see a Caltrans truck, note where it is and then file a claim.

If you can get a Caltrans truck ID number that would be even better.

[AirSpeed]

Originally Posted by tcrist

That's great news. I really did not think that they would do that. Guess it was because of the GPS.

But if you think about it. All that someone needs to do with an already cracked windshield is to see a Caltrans truck, note where it is and then file a claim.

If you can get a Caltrans truck ID number that would be even better.

I bet they've been ripped off a lot, probably cheaper to just pay than have to go to court. It was kinda funny when she first mentioned the GPS, almost like she expected me to get nervous, as though there was no truck there. I bet they've caught a lot of people with the GPS, trying to cheat them when the truck wasn't there.
It was a pleasant surprise they're taking care of it. I really doubted I would have any success.