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.
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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
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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.
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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
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