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Re: Hit Big Rock in Road....Who is Liable? (archive)

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Posted by Darren M on February 27, 2001 at 05:13:44:

In Reply to: Re: Hit Big Rock in Road....Who is Liable? posted by Mark Williams on February 27, 2001 at 02:28:51:

Sorry to hear that. Unfortunately unless you can prove this rock was there due to another persons fault you are going to have to clain through your own insurance. If there are road works nearby then you could blame it on them.
There are loads of roadworks where I live and I nearly hit a plank of wood which came off to cones and blew right into the path of my car. I managed to brake hard and by the time I got to the impact point the wood was lying flat on the ground.
If I hadnt brakes I would of hit it head on at 70mph no doubt damaging my front end.

Unfortunately, no one else in this scenario can
be held liable. The good news is that the
loss is payable under the collision portion
of your auto insurance and subject to your
collision deductible.. The bad news is that
depending on the amount that your insurance
company pays out for the damage, you could get
a surcharge.. Ask your agent or claim adjuster what the amount is (commonly $1000) that will
trigger a surcharge on a collision loss.
If the damages are less than the threshold
then you should let the insurance company handle
the claim. If the damages are greater than that amount, you'll probably need to claim it anyway
unless you have lots of disposable income.. :(

Finally, If the rock (or any other item)was dropped from another vehicle, and you were able
to stop that person and get their information,
then that person would be liable and they or
their insurance company would pay for your damages.

On my way home from work this evening, coming around a turn at about 50mph (below speed limit), there was a 10-14" rock about 3 feet in from the right lane marker line. I couldn't swerve too far, as there was a car coming in the other lane. I hit the rock, and it blew out my right front tire. AAA towed it to my house. There is also a 4" crack in the spoiler, and the foglight is busted up. I haven't been able to get under it yet, but i have a feeling the soon-to-be reinforced front sway bar, strut, mounts didn't have fun with the rock. I took pictures of the rock and where it was, and the damage it did. It is a state road. Aside from insurance, can anyone (any entity) be held liable for the damage?

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