Celica Forums General Discussion General Am I liable?

A while ago I was followed to a bank by a lady in a cavalier. When I parked and got out of my car the lady demanded to see my proof of insurance, drivers license and vehicle registration because she claimed my car's tire kicked a rock up, hit her windshield and cracked it. I basicly told her to fuck off because it wasn't my problem. She called the cops but they didn't even bother showing up.
My question is, am I liable for the damage caused to her windshield?

i dont think so...that's her claim that the rock came from you, but i highly doubt it was from you...celica is front wheel drive and doesn't kick up rocks

and there is no evidence it is from you honestly

what a stupid bitch

nope because you did not throw the rock at her. tell her to fuck off..

i don't believe you'd be liable, it wouldn't make any sense that you'd kick up rocks, but anyway--if so, it would be her fault for following too closely, etc.

Those rock trucks that actually cause these sorts of things aren't liable, I wouldn't think you would be.

She's probably trying to scam you.

Actually, they are.

celica being front wheel drive...

too bad she was tailgating the hell out of you to see where the rock actually indeed come from.

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That's her problem! Why would you be liable???? UNLESS YOU FELL SORRY FOR HER.

Not particularly

steven...that lady sufers from diahrrea of the mouth. don't give it another thought. if you drove a semi-truck then i would believe a rock kicking up and traveling so fast that it broke a windshield...but even then you are NOT liable.

this will teach the bitch to stop tail-gating if you DID kick it up her windsheild.

I'm no expert on insurance matters, but I think that's what her comprehensive coverage is for.

this is one of those situations when you courteously tell the woman she doesn't know what she's talking about and leave it at that...

I think there is some sort of agreement that if a rock carrying truck uses a cover, it protects them from liability. At least that's what I've heard.

In any event, she would have to prove it was your car that threw the rock. Not particularly easy. But who knows, anything can happen in small claims court; judges are usually far from "impartial". One thing is for sure, you don't have to pay her anything unless she takes you to court and actually wins the case. If her insurance doesn't cover her windshield, she is of course more likely to want to go to small claims.

One time here in Arizona, I got a windshield crack from a rock thrown up by a lawn edger. What was I supposed to do, sue the (most likely illegal migrant) lawn maintenance guy? Hell, my stepdaughter's car was totalled by an unemployed, uninsured guy driving on a suspended license. I could have sued him, but gained nothing. He spent a little time in jail anyway ...

Interestingly, that incident led me to buy my Celica. In shopping for a car for my stepdaughter, I found out the Celica was going to be discontinued. I had already endured the Prelude being discontinued without getting one, and decided I really wanted to own a Celica. So I ended up getting two cars in the same deal from the Tempe, AZ, Toyota dealer; my stepdaughter's used Subaru Legacy, and the new Celi.

I doubt it's your fault, besides maybe she thought the celi was some sort of exotic and you're loaded


though they do have OEM mudguards.. but it's not everyones cup of tea

Good on ya. Did she have the rock as evidence? Video evidence? Why would you pay for her window. She could have done that too anyone. Next time though, don't be so disrespectful.

As her to PLEASE fuck off. haha

some rocks left chips in my front windshield though there's nothing you can do about it, unless it involves those big rock trucks.

she cant touch you on this one bro.

Indiscriminant Pebble: 1
Stoopid Ignorant Bitch in Cavalier: 0

If you were carrying a load of pebbles and one flew off into her pathetic Chevy windshield, she might have a case. That not being the case, she might just have a serious yeast infection, which she feels obligated to take out on a Celi owner.

^^

You guys are brutal. Can't disagree though.

definately not liable. Yeah, maybe she's making bread...with the yeasty-beasty

she need to feed her kids

It's not your fault. How can she prove that it was you?? It won't fly in court, her word only. Didja show her your stuff?? You shouldn't have. Didn't need to be rude about it either(IDK if you were or not).

no evidence

steven one of the pebbles your car kicked up cracked my windshield too. give me money

Well, yeah, we all agree there should be no case. But its amazing what people get away with in lawsuits. This doesn't seem likely to fly, but its still not outside the realm of possibility. I sure wouldn't lose any sleep over it though.

I am and it is.

She's just pissed she has to pay her deductible now.

good advice

Actually, if she has full glass coverage, the deductible would not apply!! If a rock cracked my windshield, I would immediately be thinking new, free, windshield, because I know what the hell coverage I have!!

With our company, your deductible doesn't apply if you choose to have the window repaired. If you choose to have it replaced (or if it cannot be repaired and must be replaced), you have to pay the deductible.

she can fill a small claim through her insurance, and it won't raise her insurance. how big is the crack? if it's anything smaller than the width of a dollar bill, her insurance wouldn't even cut her a check...my personal experience...

No way...the lady's crazy!

Yeah I would've told her to f*ck off as well and to pull her scam on someone else.

I don't think your liable for anything. If anything she was tailgating you.

She was following me for a while and honking at me but just thought the bitch was crazy.

Thats similar to when a 2x4 got kicked up and hit RED in the "A" pillar and bent the windshield trim all to hell I could'nt blame the car that did it or the truck it fell off of . Big gravel and construction trucks are liable for this kinda thing and carry insurance for it but other than that its just a road hazard and the fact of the matter is she was on a public street and its a priveledge to be on there and the law reads that its her fault for even being there. But if somebody is dumb enough to hand over thier insurance info in a case like this I'm sure they would end up paying for it though.

wow steven. that old bag must've really rattled you to even start a post ...lol

lmao...can't believe someone would even try that!!!!!!!!!!!!

What would have even been funnier was just to dissappear on her after she honked at you.

pleases its a front wheel drive car that would be a hell of a shot for the rock to come from the front tire alway to the back and arch 45 degrees . Cavaliers a peice of shit anyway im surprised the whole car didnt crack from the rock

The problem is most definitely the fact that she drives a cavalier. Most rocks dont like those gay ass cars...Im just saying!

steven...I work for a law firm, and can tell you from years of experience...that you are in no way liable...it is her damn fault for "following too closely"...under laws in most states, even if done vaugely, it will read something along the lines of it is against the law to follow another vehicle too closely than is prudent for conditions, and speed. BRother...you are in no way liable...I wouldn't have given her shit...and told her to go home...and if for some reason she did take it to court, and didn't get laughed at for following too closely, you could say...and how can you prove it didn't happen by someone else you were behind earlier that day...are my fingerprint's on the pebble that hit your windshelid...do you still have the pebble??? STUPID BITCH...no worries brother...you are safe

your not liable... dont worry about it.

people make me laugh... guess she should learn not to tailgate and maybe her windshield wouldn't get chipped... let alone the damage she's probably causing to her front bumper... maybe you should pay for that too some people need to get a life...

Just a side note... I think it's funny everyone is saying a FWD car can't kick a rock up. Do you think the front and back wheels are turning at different speeds?

that's just stupid.. she was probably trying to scam you. HOw in the world is she driving and doing all those things and able to see a tiny pebble come from under your tires and travel to hit her windshield? It could've been anyone, even if she isn't trying to scam. Another thing, she can't prove it. I can just stalk anyone and say that they cracked my bumper or my carbon fiber hood and get a new one. And 3rd, insurance has a different thing where they dont raise your premium if things from the air causes damage to your car. (last i heard)... so she can make a claim herself.

Even so, this would have no bearing at the situation.

Unless the rock came from your car, it doesn't matter. It was on the street.