It happens everyday, on every highway in every state. Especially on I 71 / 75 through Cincinnati. Your driving down the highway and BAMMM! A rock hits your windshiled and makes a big crack in it. A first you are startled by the sound, because it is loud, and then you see the broken windshield and you get angry. Then you start to look around to see how it happened and there it is a truck with either a load of dirt or gravel in or some pickup truck used for cinstruction. Who should pay for it, it is your wor d against theirs. This is why we all have insurance. Accidents happen sometimes and it may be no one’s fault. Trucker insurance companies already give appropriate incentive to prevent your load from spilling, and when damage to your car is not a trucks fault, individual insurance will pay because they figure the money they get will be greater than eventual payouts from damage and claims. If you don’t have comprehensive insurance, you will have to pay for it yourself if the other driver will not. You could go to court but you will need either witnesses fom the car or proof that the load was not properly secured. Take pictures if you can.
If the driver has a truck with gravel piled above the top of the truck or loose gravel all around the edges you may a case. Take a picture of the truck, license plate and name on the side if it has one. Call your insurance and if they have a phone number on the truck call them. They may just have their insurance take care of it for you. Now if the rock is throw up from the road, this type of accident would find the other driver not negligence in most cases. This type of incident is typically termed a road hazard or an event that may happen when you are driving on the roadways. If instead you were following a commercial truck that was loaded with rocks or gravel and they were not tied down properly then you may have a case in which to prove negligence. By proving negligence the other vehicle would then usually be liable for rocks that cracked your windshield but you would then need information on that vehicle. So take pictures.
When a passing vehicle kicks up a rock from the roadway that hits your vehicle and cracks your windshield then it would be doubtful that the other driver could be held responsible in any way since that was an unintentional road hazard. If the passing car kicked up a piece of the roadway, such as a piece of pothole that the state Department of Transportation (DOT) had filled, then the DOT or state may be requested to pay. It would be hard to prove negligence on the part of DOT though just as it would be on the passing vehicle that happen to kick up a piece of gravel lying on the roadway. So while a request could be made with the DOT if it was part of pothole it could be difficult to show negligence and get them to pay out on a claim. As you know getting money out of any govt. agency is not easy.
Since the other driver is unknown (and even if know would likely to not be found negligent), you would normally need to make a claim through Comprehensive coverage to get the crack in your windshield either repaired or replaced. As neither Uninsured Motorist nor Liability insurance would cover this.
If have comprehensive coverage on your vehicle many states like Ohio, Kentucky and Indiana require insurance companies to waive the deductible associated with windshield claims. If you have the optional physical damage coverage of “other than collision” or Comprehensive then broken glass is covered. Comprehensive coverage will cover broken glass, such as windshield damage, and the deductible does not apply in this case. With only the state’s minimum liability insurance requirements and uninsured motorist on your car your windshield would not be covered.
So remember if you have comprehensive coverage with your insurance company, your most likely covered, but if it is the fault of the other driver you can get them to cover it but you will most likely need some type of proof. Here is the good news American Auto Glass can fix the crack if it is smaller than a dollar bill or professionally replace the windshield if it can not be repaired and they handle all the of the insurance claims and deductible if you qualify.