Hummer Windshield Smashed by Careless Trucker

UPDATE: RBS Trucking's insurance company Lancer Insurance sent me a letter saying the item that broke my windshield could have fallen off of any vehicle and there was no proof that it was theirs.  Ummm other than the driver pulling over and offering me cash to pay for the damages.  WTF?!?!  So in short they are refusing to pay.  

Return to Canada from Iowa I was driving through Illinois on interstate 80 east.  I was in the left lane in my Hummer H3 about to overtake a semi pulling a flatbed trailer.  Suddenly I see something that looks like a rubber wheel block slide off the trailer and hit the road.  It bounces up and smashes into my windshield just on the edge of the frame.  I immediately pulled over and the truck kept going.  I got out and looked at the damage.

The upper frame of the windshield is dented and the glass is pulverized into a powder with cracks running all over the glass from the impact location.  Two of my roof running lights no longer work and one is shattered.  The plastic light mounting support is also smashed and cracked.  I realized that if it would have been a few inches lower it would have gone through the windshield and into my face, probably killing me.

I got back in the car and headed down the road to see if I can at least get a license plate number.  About a mile down the road I see the truck pulled off on the side of the road.  I pulled in front of him and got out to talk to him.  I told him something fell off his truck and smashed my windshield and he said, “Oh, really?”  I said yeah come and look.  He went over and looked at it and said, “I don’t know, I just pulled onto the highway a few miles back.”  I said yeah and something wasn't secured.  Then he asked, “So how much do you think it would cost to replace your windshield?” I said I don’t have any idea.  He replied, “So what do you want to do?”  I said do you have insurance?  “Oh yeah” and he got the paperwork and I took a photo of it.  He denied anything happened but if not then why did he pull off the road and why did he offer me cash to pay for it?  He wouldn't give me his name or his driver’s license but as he drove off I took a picture of his plate. 

I had no choice but to return to Canada since I knew nobody in Illinois and had no phone service in the States.  So calling my or his insurance would have to wait.

According to the insurance paperwork for RBS Express Inc. trucking company their agent was a Robert W. Smith from First Midwest Insurance Consultants.  I called him multiple times the next day and he never answered the phone or returned my messages.  Sometimes people take the day off so I waited.  All the next day also nothing.  So we contacted our insurance, Allstate.

According to the guy we spoke to from Allstate this type of accident is considered comprehensive.  Sort of along the lines of an "act of God" or not relating as a result of an accident.  Like a stone getting thrown from a tire or an item in the road damaging your car.  To this I call bullshit.  It is totally the result of carelessness.  The truck driver drove off without securing his load and it resulted in damage of another person's property and he's lucky it wasn't injury or death.  They said they would have someone look at the claim. and they would get back to us.

Today we received word that our insurance would be willing to fight it but we would need to pay our $500 deductible on repairs. This really pisses me off that I have to pay for the bullshit some other guy created.  My guess it they contacted this First Midwest Insurance because all the sudden I get a call from them.  I'm not sure if I should return the call or not.  Regardless of who has to pay for it I need to get an estimate so I know what I'm dealing with.

On an interesting side note notice how the insurance paper the driver handed me has no policy number.  Wonder what that is all about.  Maybe the guy doesn't really have insurance.