Parts Catalog Accessories Catalog How To Articles Tech Forums
Call Pelican Parts at 888-280-7799
Shopping Cart Cart | Project List | Order Status | Help



Go Back   PeachParts Mercedes-Benz Forum > Mercedes-Benz Tech Information and Support > Diesel Discussion

Reply
 
LinkBack Thread Tools Display Modes
  #16  
Old 04-27-2007, 11:29 AM
Dubyagee's Avatar
All fields are required
 
Join Date: Jul 2006
Location: SE
Posts: 8,722
A tractor trailer was coming at me in the opposing lane when a 4X4 block came off the trailer and smashed my roof and windshield. It ended up in the back seat. I whipped around and pulled him over.

He was visibly shaken and apologized profusely until the police arrived. He then said my car was like that when he saw me pass. I remained calm and matched the containers corner post to the dents on the block. The cop almost arrested him.

The trucking company all but called me a liar until my lawyer said hi. Car was repaired.

They are lucky my child was not with me at the time.

Reply With Quote
  #17  
Old 04-27-2007, 11:41 AM
Registered User
 
Join Date: Dec 2005
Location: Texas Hill Country
Posts: 510
Cell phone camera, picture of the truck's plate number taken thru my busted windshield, turned over to my insurance company.....THEY went after the hauler and he did pay up.

I have also called the county sheriff from my cell phone while following the truck. The deputy pulled the hauler over, ticketed him, and wrote up my complaint....I got paid for that one too! Just because they have a BS sticker on the truck that says "not responsible for broken windshields", don't make it true!

A side story....we used to live right on a highway heavily traveled by rock haulers. Had one take out 150' of barb wire fence....wreaker came and hauled it off...they said the insurance company would fix the fence, they did not. So I fixed the fence, posted no trespassing signs, and just waited. It happened again a few months latter. This time I filed a complaint for trespassing on the truck driver and refused access to the wrecker....basically held the truck hostage until my fence was fixed, the gravel removed from my hay field, THEN I let the wreaker take the truck out through the gate. Sometimes it pays to be nice, sometimes it don't! It always pays to know the sheriff and his deputies!!
__________________
Mark
1983 300TD Wagon
Even a broken watch is right twice a day
Reply With Quote
  #18  
Old 04-27-2007, 12:26 PM
Hatterasguy's Avatar
Zero
 
Join Date: Nov 2002
Location: Milford, CT
Posts: 19,318
It happens, don't tailgate dump trucks!


Don't feel bad it could be worse, last winter my dads friends Dodge Ram was hit by a nice chunk of ice off a truck. Needed a new grill and hood! He got lucky it went low, it was a big chunk it would have came right through the windsheild.
__________________
1999 SL500
1969 280SE
2023 Ram 1500
2007 Tiara 3200
Reply With Quote
  #19  
Old 04-27-2007, 12:33 PM
Registered User
 
Join Date: Apr 2007
Location: Valley Center, Kansas
Posts: 119
Quote:
Originally Posted by TX76513 View Post
I have seen those signs all around the country. Here is how that works in the real world. A truck, car, bus that picks up a rock from the roadway and it strikes your car - it's your baby, if you have comprehensive on your insurance. BUT if the rock (debris) comes from the body, frame, cargo area of the vehicle then that vehicle is responsible for damage. Now proving it is another problem.
Not in Kansas, there not liabale at all even if you see the rock fall off the truck. because of the signs and the way the laws writen. You the guy following has to pay for it.

Ya ROAD RAGE make you wonder why more stupid people are not killed every year...
Reply With Quote
  #20  
Old 04-27-2007, 02:16 PM
DIY or Die
 
Join Date: Apr 2006
Location: Los Angeles, California
Posts: 298
Quote:
Originally Posted by Jim B. View Post
That happened to me a long time ago in an Oldsmobile I had, but the windshield caught the rock. I drove along side the truck and noted the name of the truck and the company, but when I called them they blew it off.

I suppose it is a matter of proof, hard to get them to admit fault when there was no contact between the two vehicles, and so you should be glad of that at least.

cell phone pics!
__________________
1973 280 - Current Project Car
1979 240d - 100% Stock
1982 380sl - 100% Stock
1985 190e 2.3 - Heavily Modified
Reply With Quote
  #21  
Old 04-28-2007, 01:25 AM
amosfella's Avatar
Registered User
 
Join Date: Jun 2006
Location: Vulcan, AB, Canada
Posts: 787
Some rock hauler is going to shoot me for saying this. It's not the department of public safety that manages the commercial vehicles, and they don't want to. It's the DOT. It's the DOT that you have to complain to. make sure that you have a company name and truck number when you do. Pics are always helpful. Don't expect any help from the sheriff either.
__________________
All it takes for evil to prevail is for good men to stand by and do nothing.

Too many people tip toe through life, never attempting or doing anything great, hoping to make it safely to death... Bob Proctor

'95 S320 LWB
'87 300SDL
'04 E500 wagon 4matic
Reply With Quote
  #22  
Old 06-15-2007, 08:42 PM
Registered User
 
Join Date: Aug 2006
Posts: 22
Make them pay

Next time some cement company or other construction company blows off your claim because you were unable to write down the license plate number or truck number while driving alone with no pen or paper (remember, you're DRIVING) in five lanes of rush-hour traffic at speed, but you can and do remember the time, date, place, direction of travel, and type, color of, and name truck -- and they say without the license plate or truck number they have not enough to investigate, try this:

Tell them you will file a claim in small claims court. It only costs $10-20 to do so. Tell them you will subpoena their manifests for the date in question. Tell them they will have to spend thousands to hire an attorney to quash the subpoena and it will be denied because it is relevant evidence. Tell them they will spend more money and man hours merely responding to the subpoena than it would to pay for the windshield. Tell them you will then meet them in the small claims trial with all of your evidence, being able to prove from their manifests that one of their trucks was where you said it was when you said it was, and that they will have the pleasure of appearing before a judge without an attorney to convince the judge why it is that YOU are lying when you have all this technicolor proof and all they have is the lame "no license plate or truck number" argument.

They will pay for your windshield.
Reply With Quote
  #23  
Old 06-15-2007, 10:26 PM
BioPOWER's Avatar
Registered User
 
Join Date: Nov 2006
Location: Princeton, NJ
Posts: 527
Two weeks ago I was driving the TDI on I-5 going into Sacramento, there was a big dump truck (full of rocks) in the right-hand lane, and I was passing him in the fast lane. Before I knew what was going on, I was being pelted with rocks, one of them chipped my windshield. Needless to say, I got past the guy quickly.

Luckily my old neighbor owns the auto glass repair shop, so I got it fixed for free.
__________________
99 E300 TD -- sold
01 540i 6 spd
Reply With Quote
  #24  
Old 06-16-2007, 12:03 AM
compress ignite's Avatar
Drone aspiring to Serfdom
 
Join Date: Feb 2004
Location: 32(degrees) North by 81(degrees) West
Posts: 5,554
corrupt laws

In Georgia (The U.S. state of) dump trucks do not have to have license plates.
'Only a Public Service Commission plate on the front bumper.So you've got to
chase the truck down to get the P.S.C. plate number off the front.
The truck lobby had the law passed because...The trucks were blowing so
much crap over the roads that the liability carriers threatened to cease
coverage.

'Kinda like the M.D.'s in Florida who threatened to strike unless the tort laws
were changed in their favor.(Don't get the BAD doctors out of practice...just
make it almost impossible to sue them for malpractice.)
Reply With Quote
  #25  
Old 06-16-2007, 06:54 AM
Shorebilly's Avatar
Marine Engineer (retired)
 
Join Date: Aug 2006
Location: West Virginia
Posts: 1,268
Exclamation Jeez......

And you folks haven't even mentioned Coal Trucks and Logging Trucks....here in WV "Coal is King" and they even have exemptions for weight overloading the roadways.....

My main gripe is....we have an old bridge on WV18...there are signs posted at both ends of the road (25 or so miles of road) that the bridge has an 8 ton limit.....when you see a truck that when empty exceeds the 8 ton limit, fully loaded, pulling a lowboy trailer with a D8 cross the bridge......and complain to the Sheriff, and nothing is done......all you can do is wait, eventually that bridge will collapse, and if we are lucky the Sheriff will be fishing underneath it....

I wrote a letter to the County Commissioners asking them to have the Logging, Oil & Gas, and Coal companies build us a new bridge....."if they want to use that one" or make them drive well over 100 miles to go around.....no answer as yet....

SB

__________________

Diesels:
'85 300D, "Max, Blue Benz", 155K, 27.0 MPG
'84 190D 2.2, "Eva, Brown Benz", 142K, 40.2 MPG
'77 240D (parts car)
'67 Eicher ES 202 Tractor "Otto" (2cyl, Air Cooled, 30HP)
Gassers:
'94 Ford F-150, "Henry", 170K (300 Six) 17.5 MPG
'85 190E 2.3, 148K....Parts Car
'58 Dodge W300M Powerwagon (Flat Fenders) Less than 10 MPG
Reply With Quote
Reply

Bookmarks


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On




All times are GMT -4. The time now is 09:13 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2024, vBulletin Solutions, Inc.
Search Engine Optimization by vBSEO 3.6.0
Copyright 2024 Pelican Parts, LLC - Posts may be archived for display on the Peach Parts or Pelican Parts Website -    DMCA Registered Agent Contact Page