If debris fell off a truck and hit your car, you might be wondering if you can file a claim to receive the funds to cover the costs of repairing your vehicle. Whether or not this is possible is dependent on several things.
If the debris was cargo or items that fell because they was not properly secured by the truck driver or loaders, then the trucking company would be liable for all of your damages.
However, if it was debris that the driver might not have known was on the vehicle and it just fell or flew off the truck, then the claim might have to be filed with your own comprehensive insurance coverage.
Who pays for the damages is also dependent on where the accident took place.
My Car Was Hit By Debris
If the debris fell from the truck, then the company responsible would likely be liable. However, if the debris was in the road and the truck hit it and it bounced up and hit your vehicle, FedEx, or whichever company, would likely not be liable. Road debris is handled much differently than debris that falls from a vehicle.
If debris falls from a vehicle because it was not properly secured or because the load shifted, then the truck company is liable for the damages.
You will have to document what happened. You will need to get photos of the accident scene and of the damages suffered. You will need to call the police and have an accident report completed. Make sure any eyewitnesses give statements. Then, after gathering up documentation to support your claim, you will need to file a claim with the insurance company.
Pursuing a Claim With An Insurance Company
You will need to send a demand letter to the company responsible. You will need to summarize what happened, including the date and time. Explain the damages that resulted and how you would like them to remedy the issue.
Include copies of supporting documentation, such as the accident report, photos of the damages, statements from witnesses, and estimates for repairs. If you suffered injuries, include copies of the medical bills and lost wages.
This letter often gets the attention of the insurance company and lets them know you are pursuing a personal injury claim. A well-written letter can start claims negotiations and keep you from having to go to court for a ruling.
Consult With a Personal Injury Lawyer
If debris fell off a truck and hit your car, you should consult with a personal injury attorney. A lawyer will review your damages and the accident and will then determine if you have a personal injury claim. Because lawyers work on a contingency basis, you will not pay anything up front. You have nothing to lose.
Remember, time is of the essence, so get your case reviewed today before it is too late to pursue a claim to recover compensation for your damages suffered from falling debris.
Additional Resources
- Do You Need a Lawyer if Debris Fell and Hit Your Car?
- Injured By Object Falling From Another Vehicle, Can I File A PI Claim?
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against FedEx or any other party, you may not be entitled to any compensation.
