Encountering road debris while driving is not an uncommon occurrence. From loose gravel to fallen branches and blown and shredded tires, these hazards pose a threat not only to road safety but also to the integrity of vehicles navigating the streets.
If your car has sustained damage after being struck by or otherwise coming in contact with road debris, you may wonder what your options are for paying those unexpected costs.
The good news is that your insurance may cover it. At the Solomon Law Group, we understand that getting insurers to pay what they’re supposed to doesn’t always happen. We’ll discuss who pays for vehicle damage from road debris below.
Liability for Damages to Automobiles Caused by Discarded Objects
So, regarding the question, “Who bears the financial burden when road debris leads to vehicle damage?” To answer that, you must first understand liability and insurance coverage nuances to navigate situations like these.
First and foremost, determining liability for vehicle damage from road debris largely depends on the circumstances surrounding the incident. In cases where there is negligence on the part of a government entity responsible for road maintenance, such as failing to clear debris or maintain road conditions, liability may fall on the governmental body.
However, proving negligence in such cases can be complex and may require substantial evidence to support the claim.
On the other hand, if road debris originates from a third party, such as a commercial truck transporting materials or an individual’s poorly secured load, liability may rest with the responsible party. Identifying the source of the debris and gathering relevant information, such as witness statements or surveillance footage, can be crucial in holding the responsible party accountable for the damage caused.
Insurance
In many instances, drivers can turn to their insurance coverage to address vehicle damage resulting from road debris.
Typically:
- Comprehensive coverage on your car will cover damage from road debris (as well as bad weather and vandalism)
- Liability-only coverage leaves you responsible for repairing any debris damage to your vehicle out-of-pocket
However, drivers need to review their policy details and understand any deductibles or limitations that may apply to such claims.
Consulting with an insurance agent can clarify coverage options and help drivers make informed decisions. Moreover, uninsured or underinsured motorist coverage may come into play if the responsible party for the road debris incident cannot be identified or lacks adequate insurance to cover the damages.
This type of coverage can provide financial protection to drivers in situations where they would otherwise be left to bear the costs themselves. Again, understanding the specifics of one’s insurance policy is crucial to leveraging coverage effectively.
In the absence of clear liability or sufficient insurance coverage, pursuing compensation for vehicle damage from road debris can become a challenging endeavor.
Small claims court may offer recourse for drivers seeking restitution from negligent parties, particularly if the damage is significant and the responsible party is unwilling to cooperate. However, the legal process can be time-consuming and may involve additional expenses, making it less appealing for minor damages.
Prevention
Prevention is often the best defense against vehicle damage from road debris.
Practicing defensive driving techniques, such as maintaining a safe distance from other vehicles and being vigilant for potential hazards on the road, can help minimize the risk of encountering debris-related incidents.
Additionally, regularly inspecting and securing cargo loads when transporting materials can reduce the likelihood of debris falling onto roadways.
Community efforts to keep roadways clear of debris can also contribute to road safety for all motorists.
Reporting instances where trash is strewn about the roadways to local authorities or relevant agencies can prompt swift action to remove hazards and prevent potential accidents.
By staying proactive and advocating for safer road conditions, drivers can play a role in reducing the incidence of refuse damaging automobiles.
Navigating the aftermath of vehicle damage from road debris involves understanding liability, insurance coverage, and available recourse options. Whether seeking compensation from a negligent party, relying on insurance coverage, or exploring legal avenues, drivers must be informed and proactive in addressing these situations.
By staying vigilant on the road and advocating for safer driving practices, individuals can contribute to creating a safer environment for all motorists. While encountering debris may be inevitable, being prepared and knowing how to respond can lessen the damage caused by these incidents on both vehicles and drivers.
Through a combination of preventive measures, insurance coverage, and legal recourse, drivers can navigate the challenges of road debris incidents with greater confidence and peace of mind.
If you’re unsure who to file a claim with to secure compensation to repair your vehicle, an attorney who regularly handles car crashes and bad faith insurance practices can help. As for the latter, insurers often find any reason they can to deny claims to avoid having to make payouts. Call us for a free consultation if your insurance company failed to extend coverage per your policy limits for damage done so we can advise you of your options.
