Can you sue a carrier company when something falls off the truck like gravel and hits your windshield and cracks it

Asked over 1 year ago - Roselle, IL

I called the company they said take us to court. Driving down the highway a truck in the far left lane had rocks come off its bed while carrying a bobcat . I had a witness in the driver seat say when everything was falling off to get over well I couldn't while there were cars surrounding my right side. So I had gotten over when I could and took a video of the truck called and called noone would talk to me. Finally someone who claimed to be one of the big bosses at the company said it was my fault for following the truck and I should have my insurance pay for it. That I'm a liar anyways b/c there truck was never in illinois on that day. Company is based out of ohio.
So I'm wondering if I can sue them and how to do so with and without a lawyer. And I have hundreds of small dent from all the

Attorney answers (5)

  1. Burton A. Padove

    Pro

    Contributor Level 16

    10

    Lawyers agree

    Answered . You can sue them. Small claims cases are not that difficult to handle without an attorney. However,
    larger cases are more complicated and you will probably need an attorney. So the answer depends on the cost of repair. Also, if I recall, the SIU Law School Website has some good information on filing cases without an attorney.

    Mr. Padove is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does... more
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Small claims court is an option.

  3. Stephen Laurence Hoffman

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . If all this is is property damage, then have your carrier pay for the repair (windshield is usually no deductible) and they will subrogate against the carrier company's insurer.

    Suing them is a waste of time. Having a competent attorney assert a claim for the damage might work. But, it is easiest to do what I suggested above, on balance.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client... more
  4. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . They are clearly responsible. However, it is NOT worth the time or effort to sue. Make a claim on your comprehensive coverage. If you don't have comprehensive coverage, you are paying to replace the glass. Your insurance carrier wouldn't even bother to subrogate such a small claim. You certainly wouldn't spend several thousand dollars hiring an attorney to pay a bill that is probably less than $500.00.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr.... more
  5. Mark John Caruso

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . It would be much easier to have your own insurance company pay for the windshield. However, you should be able to sue in the county where the incident took place. No lawyer will take your case. You need to sue in small claims court. The company may just be testing you to see if you are serious about the claim. If you file a small claims suit, they may have to hire an attorney and get the driver back to your state for a court appearance. This would cost them too much money, and they would settle. Don't forget to add the new court costs to the total amount of your claim

    The AVVO response or other communication by Caruso Law Offices does not create an attorney-client relationship.... more

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