Legal Question in Personal Injury in Wisconsin
damage to vehicle
Last summer my wife was driving behind a dump truck. A stone flew out of the truck and hit her car,causing about $1,200 damage. The truck's insurance carrier will not pay, claiming that my wife can't prove the stone actually came from the truck cause it was empty at the time. They suggested the damage was caused by road debris, therefore not their liability. DO we have a good case from small claims action or is the insurance carrier going to win this one? And if you encourage me to file, do I list the defendant as the trucking company or their insurance carrier?
1 Answer from Attorneys
Re: damage to vehicle
I think you win the case if the judge believes your wife and not the trucking company. If your wife saw the stone come out from the truck, I think you have a good chance of winning. If she is uncertain about how the accident happened, I think it will be a tough case.
I would sue both the trucking company and its insurer. You are entitled to do that in Wisconsin.
Good luck.