Legal Question in Insurance Law in California

rock and winshield law

I was driving home from work last month when a cement truck, uncovered, dropped a rock off the mixer and cracked my winshield. I had a witness with me car pooling. The broker for the company, Sugar City, denied the claim, never reported the claim to the insurence company, I had to. The gal at the insurence company said as a broker the claim was not his to deny. Now that I have a claim with the insurence company they are delaying an answer. The gal there won't return calls and the like. Question. What is the law concerning rocks and winshields? Doesn't the mixer have to be covered? Do you know the vehicle code law on this? Also, did the broker illegaly deny the claim as the insurance agent said. Thanks.


Asked on 9/22/98, 10:22 pm

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: rock and winshield law

The cement truck - and maybe the contractor for whom

the driver was working - along with the owner of the

vehicle - are responsible. They caused you property

damage and whether or not this is covered in the

vehicle code is not important now. It may be covered

in the laws regulating commercial carriers. If needed

this can be looked up later.

I would write the insurance company - and the

other parties - and demand payment of your damages.

Give them a deadline and if it is not met, sue them

parties (not the insurer) in small claims right

away.

Also, if you have insurance your own company will

cover this claim, and you would just be out the

deductible (for which you can still sue.)

Steven Murray

Steven W. Murray, APC

16055 Ventura Blvd., Ste. 900


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Answered on 3/18/99, 6:23 pm


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