Our vehicles are investments and when a rock hits yours the first thing you think is a rock hit my windshield, who is responsible? Who will pay for the damages to my vehicle? It’s nearly impossible for you to know which vehicle in front of you kicked up a rock in busy traffic. If you are sure of which vehicle it was you do have a few options in Arizona.
- It is possible to sue the other driver, which is nearly impossible without them confessing to negligence.
- It’s possible to contact the other drive and file an insurance claim with their insurer.
- You can contact your own insurance company and let them handle it alone.
This scenario is based on the idea that the vehicle that kicked up the rock did so unintentionally. Rocks thrown from the roadside or dropped off overpasses are a whole other store that involves criminal charges. If you’ve been the victim of rocks being thrown at your vehicle, call the police immediately.
Unsecured Loads & Damage
Arizona state law states that:
“A person shall not drive or move a vehicle on a highway unless the vehicle is constructed or loaded in a manner to prevent any of its load from dropping, sifting, leaking or otherwise escaping from the vehicle.” (A.R.S. 28-1098.A).
If the rock that hit your windshield fell out of a truck carrying an unsecured or uncovered load, you may be able to request that the trucking company pay for repairs. Proving it was their truck is complicated unless you have video proving that their load was in fact unsecured and the rock that hit your vehicle wasn’t simply laying on the highway.
This is an uphill battle as you will have had to have taken a quick picture of the vehicle or have a always on video recorder while you drive. If in fact you can prove that the truck was overfilled or unsecured the trucking company may take responsibility
Can I Sue The City or State?
The state of Arizona maintains highways but it is not possible to sue the city, county, or state for rock chips. ARS 12-820 is Arizona’s law preventing law suits for this type of situation under what’s called sovereign tort immunity. This measure protects public entities and public employees from lawsuits related to debris in the road.
How Do I Get My Windshield Repaired?
Using your insurance is probably the easiest way to get stress free windshield repair in the Phoenix Valley. Knowing for sure which vehicle it was that unintentionally ran over the rock that damaged your windshield is tricky, and even harder to prove. Luckily Arizona is also a state where it is possible with the right car insurance to get a zero deductible windshield replacement. So the best course of action is to contact your local windshield repair company or insurance company.
Phoenix Valley Windshield Repair
If you’ve got a rock chip or crack in your windshield T&S Auto Glass is your source for the most meticulous and professional windshield repair in the valley. We offer service at our shop in Tempe and also anywhere in the valley with mobile windshield repair. Our team will help you with every facet of the process from assessing the damage, helping with filing insurance claims, to meeting you at or your home or office to perform the service. Choose the best in windshield repair in the valley and enjoy the best customer service and quality of work with T&S Auto Glass.
