What to do if a cement truck spewed debris on my windshield and cracked and chipped it?

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What to do if a cement truck spewed debris on my windshield and cracked and chipped it?

I have a witness. The company’s insurance company denied my claim saying my witness “wasn’t reliable”. Who do I sue in small claims court – the insurance company or the cement company? I have insurance but my company said I’d have to pay $100 deductible for repairs or replacement and it would go against my claims history. Will the judge make me use my insurance and just have the other company pay the deductible if I win?

Asked on July 19, 2013 under Accident Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It's not worth suing if you have insurance: all you could recover is the $100 out-of-pocket amount (the deductible), since you can't get double payment--that is, the total of what you can get is the total cost of the repair or replacement. If  you do elect to sue, you sue the truck company; you don't sue their insurer, since the insurer has no duty to you, only to them (i.e., to defend or pay for their client).


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