A Rock Hit My Windshield on I-85. Who Pays?

What North Carolina asks of trucks

North Carolina’s load law, G.S. 20-116(g), says no vehicle may be driven on a highway unless it is loaded so that none of its load can fall, blow, drop, sift, leak or otherwise escape. For trucks over 7,500 pounds gross vehicle weight carrying rock, gravel or stone, it goes further: the load must sit six inches below the top of the walls and be securely covered by a tarpaulin or some other suitable covering.

The law is there because loose stone is a road hazard. It does not stop every stone. Gravel trapped in tire treads, between dual wheels or on a tailgate can fly off at speed even from a covered load, and stones on the road surface get thrown up by any vehicle, loaded or not.

Can you make the truck’s owner pay?

In principle, if a truck broke the load rules and its stone broke your glass, its owner could be responsible. In practice it is hard. You would need to show that the stone came from that truck and not from the road or another vehicle, that the truck was at fault, and who owns it. On a busy interstate at highway speed, few drivers can do that. Get the truck’s company name, number and plate if you safely can, and a dash camera clip helps, but do not chase a truck down the highway to read its door.

What usually happens: your own comprehensive coverage

For most drivers, the windshield is paid for under their own policy. The NC Department of Insurance lists missiles or falling objects, and breakage of glass, among comprehensive losses. Comprehensive pays the cost of the repair less your deductible. North Carolina has no law that waives the deductible for glass, so unless your policy includes full glass coverage, your share is your comprehensive deductible. If you only carry liability coverage, the bill is yours.

Two things that worry people:

• Insurance points. A comprehensive glass claim is not an at-fault accident, so it does not add Safe Driver Incentive Plan points. The NC Department of Insurance does say many insurers look at how often you claim, fault-free claims included.
• Being steered to a shop. Under G.S. 58-3-180 you choose who repairs your vehicle, and your insurer pays the same amount whichever shop you choose. An insurer that recommends a shop has to tell you that you do not have to use it.

What to do in the next few days

1. Look at the damage closely. A chip smaller than a quarter, shallow and away from the edges of the glass, can often be repaired rather than replaced.
2. Keep it clean and dry. A piece of clear tape over a fresh chip keeps dirt and water out until it is seen to.
3. Go easy on the temperature. Blasting the defroster on a cold morning or the air conditioning on a hot afternoon can make a chip run.
4. Get it looked at soon. A chip that turns into a long crack usually means a new windshield instead of a repair.
5. Check your policy. Find your comprehensive deductible and whether you have full glass coverage before you get a quote.

If the glass does need replacing, the windshield replacement in Charlotte, NC page explains the whole job, and the windshield replacement cost page shows how to weigh the quote against your deductible. Impex Auto Glass works with all major insurance providers and can handle the claim for you.

Keeping stones off the glass

No driver can avoid every stone, but distance helps. Leave a long gap behind gravel trucks, landscaping trailers and anything with an open bed, and change lanes rather than sit behind one through a work zone. If you drive I-85, I-77 or I-485 every day, it is worth knowing where your VIN and your policy number are before the next crack.

Questions drivers ask