Legal Question in Civil Litigation in Pennsylvania

Automobile Hit By Rock

I will try to keep this question simple, short, and to the point:

I was driving along a highway. There was a man mowing his lawn around a guardrail. As I drove past, a rock from his lawnmower struck my new car. I stopped, showed him, and he apologized, but he said he thinks the rock came from a coal truck - even though it is on my right side (no trucks on my right side because its a two-lane road.) The rock made a dent and ''skipped'' upward along the car scratching it. I asked for his name and address (it was not on the house or mailbox) and he refused to give it to me. I went to the county tax assessment office and looked on a map and easily identified his home and was able to view photographs of it too. I obtained all his contact information. I expected my comprehensive auto insurance to cover the damage, but I have a $500.00 deductible and the damage only came to $450.00 - less than the deductible. Since there would be no insurance payment, my insurance company could not subrogate against his insurance company. I do not want to pay for this. What other options do I have to collect payment? Would the man's homeowner's insurance cover it? Is this a case the magistrate can handle?


Asked on 9/19/04, 4:01 pm

2 Answers from Attorneys

Andrew Solomon Law Office of Andrew A. Solomon

Re: Automobile Hit By Rock

Yes. It is definitely a case that you should file with your local district justice. Homewoners insurance will defitely cover this assumeing that you win your case.

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Answered on 9/19/04, 7:28 pm
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Automobile Hit By Rock

Yes, the magistrate would be the proper place to file the case. If you win, his homeowners would cover it. If you want to talk about it, call me at 724-845-8340

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Answered on 9/20/04, 11:56 am


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