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Who pays damages if a rock comes out of the bed of a pickup and breaks your windshield?

Broken windshield

A rock hitting a windshield after bouncing out of a pickup is considered an act of nature. (StarNews file photo)

According to the folks at the New Hanover County Farm Bureau, a rock or debris flying up from another vehicle is an act of nature and the pickup truck driver is not responsible because it is not something intentionally done. It would be filed under comprehensive damage by the owner whose windshield is damaged.

User-contributed question by:
Charlie Smith

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4 Responses to “ Who pays damages if a rock comes out of the bed of a pickup and breaks your windshield?”

  1. On December 31, 2011 at 10:42 am Joe McEntee wrote:

    I think your folks at Farm Bureau may have missed on this one. If the rock came from the roadway and was hit by the pickup you are right. If the rock came from the bed of the puckup it is improperly securing a load,driver of pickup at fault,just my thoughts, check D.M.V.

  2. On December 31, 2011 at 10:49 am chaz wrote:

    “Assumption of the Risk” of driving on the highway.

  3. On January 1, 2012 at 10:07 am JoAnn wrote:

    The question was if something comes out of the bed of a pickup truck, not road debris flying up from another vehicle. NC law is very clear on debris from another vehicle, i.e., NC 20-116 which states in part “No vehicle shall be driven or moved on any highway unless the vehicle is constructed and loaded to prevent any of its load from falling, blowing, dropping, sifting, leaking, or otherwise escaping therefrom, and the vehicle shall not contain any holes, cracks, or openings through which any of its load may escape.” Therefore, if your vehicle is damaged from an object flying out of another vehicle, they are responsible.

  4. On January 5, 2012 at 10:02 pm Charles wrote:

    The question was if a rock came OUT of the bed of your truck, not from your tires or under your truck.



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