State plow shattered windshield

Submitted by FaustusC t3_zjymaw in newhampshire

Question:

Simple as. Pulled onto a rotary behind a pair of state Plows. Debris came flying and nailed my windshield. Shattered in a few places.

Do have a witness who was driving with me. Don't have dash footage unfortunately.

Any chance I can get them to cover the replacement or am I left eating the cost?

Edit:

For further clarity:

It was the Portsmouth Roundabout. I was on the Rt. 1 bypass heading into the rotary. Whatever whacked my windshield did so as I crossed the lanes to the center lane. The second plow was just about to exit by the liquor store. Using google maps, I was 50-75 feet from it as I got whacked. I wasn't tailgating, I'm not that dumb.

This was honest curiosity and for anyone else here, I genuinely suggest looking into glass insurance since apparently we get stuck with the bill lol

29

Comments

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Ornery-Confusion-920 t1_izxhsue wrote

State of NH will not pay out reason they wil say you were to close .

24

sp1d3_b0y t1_izzj9sb wrote

Because you were too close?? There’s literally a law saying that you must stay at least 500 feet behind any emergency vehicle.

3

Bobtom42 t1_izww0b3 wrote

It's on you, but call and ask your insurance if you have coverage. A few of them out there will replace your window without a deductible.

19

FaustusC OP t1_izwxb8x wrote

Already tried. Deductible is the same as the windshield so I'm just going out of pocket lol.

2

akmjolnir t1_izwzol7 wrote

Same thing happened to GF. She had to pay out of pocket..

Tip: ensure you provide your car's VIN, not just year/make/model, to the windshield place so they order the correct glass.

9

1976dave t1_izwunzm wrote

Think you're eating the cost on that one. Can't say I've ever heard of holding people accountable for rocks that their vehicle kicked up into a windshield, but maybe I'm the naïve one

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smartest_kobold t1_izx88ql wrote

Technically, I'm pretty sure you're liable for stuff you kick up. Usually not worth the cost to litigate.

1

FaustusC OP t1_izwx97c wrote

I'm not sure if it was from their sanding bed or off the road. Could have been either tbh. I've heard of people going after gravel trucks but I wasn't sure lol.

−1

1976dave t1_izwzjk5 wrote

IMHO (not a lawyer obviously) but you not know where it came from other than the vehicle in front of you would absolve them of liability. Even in the case it came out of the sand/salt spreader, if it were me I'd take my L and just stay further back next time. Those thinga whole job is to shoot sand/salt out the back. An unsecured load of debris is different because there is a presumed responsibility of the drover to secure their load and maintain the safety for others

10

Jack_Jacques t1_izxaxr1 wrote

I think you will find the plow has a keep back warning sign on it. Might be as much as 500 feet.

16

mahoniz27 t1_izxj3i9 wrote

You might want to check with your insurance company if you haven’t already. This type of damage would fall under comprehensive insurance coverage, which if you have it should be covered without paying a deductible.

I had some similar windshield damages a few years back and my insurance plan had this type of coverage and it was replaced with no charge to me.

10

gurase t1_izyu0jz wrote

Comprehensive absolutely has a deductible unless you opted for lower deductible/higher premiums

4

sp1d3_b0y t1_izzj71n wrote

No, it wouldn’t. Plows are emergency vehicles and legally, you need to be at least 500 feet behind them.

1

PLAYERUBG t1_izxhar8 wrote

The portsmouth roundabout is cursed

9

woolsocksandsandals t1_izyan1s wrote

If the damages over $500 file a police report and submit to your insurance. Let them go after the state for compensation.

8

oper8orAF t1_izwxa3c wrote

It’s happened to me when the state truck was oncoming. It’s on you no matter how it happened. It’s happened to me with privately owned vehicles even, and ended up being on me again. (1 ton flat bed had a 5gal pale with cured cement in it, flew off of their bed and took my mirror off, broke rear window and mangled the side of my jeep, also oncoming)

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The_On_Life t1_izxd5tm wrote

Yeah that's not correct. If you fail to properly secure your cargo and it comes off of your vehicle, that's a finable offense, and the operator who failed to secure their cargo would be responsible for damages.

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HikeEveryMountain t1_izxi15i wrote

If you're responsible for damage caused by snow you failed to clear off of your car, you are certainly responsible for damage caused by unsecured buckets of concrete on your vehicle. For Pete's sake, they're practically just loose cannonballs if the truck is traveling at highway speeds.

6

oper8orAF t1_izxq272 wrote

No it’s not correct but good luck convincing a trooper to go looking for the guy. Trooper took info and shrugged and said “better call your insurance company.”

0

CheliceraeJones t1_izxpka8 wrote

>(1 ton flat bed had a 5gal pale with cured cement in it, flew off of they’re bed and took my mirror off, broke rear window and mangled the side of my jeep, also oncoming)

Uh... Yeah you kind of got fucked over on that one. There's no way you should have eaten the cost for damages on that one.

3

oper8orAF t1_izxq6hh wrote

You’re telling me. Trooper I spoke to shrugged it off and told me to call my insurance company.

0

CheliceraeJones t1_izxsfky wrote

That's the kind of thing that I randomly remember years later and seethe as if it just happened.

2

FaustusC OP t1_izwxh8o wrote

I figured but figured I'd ask. Sucks, I'm glad my Jeeps older so the price is lower.

Hope your jeep made it.

2

oper8orAF t1_izxqn1i wrote

It was a lifted 98 cherokee, insurance company “totaled” it, gave me 3500$, and because of its age I didn’t have to title it under salvage 😂 Ended up buying door with glass and mirror at a junkyard for 200$ and my uncle and I painted it for 300$. Made out like a bandit really 😂

2

FaustusC OP t1_izxrior wrote

Fuck, please, someone hit mine so I can do the same 😂

1

Leemcardhold t1_izybcq6 wrote

I assume if they had a ‘construction vehicle do not follow’ type sign you’re out of luck, unless you were 200’ behind.

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zickbutt t1_izyd67q wrote

I was under the impression those signs were totally meaningless and trucks are still absolutely liable for rocks and debris they kick up. Do you have any further reading for this?

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sp1d3_b0y t1_izzj3m8 wrote

They’re not meaningless and not following those signs is breaking the law due to plows being emergency vehicles. Any damage done to your vehicle is legally your own fault. source: my father plows for the state

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sp1d3_b0y t1_izziwlm wrote

They’re emergency vehicles. They’re not liable at all.

2

State_ t1_izyroao wrote

I had this happen, but with my fender. I was on the highway and a plow coming on the other side of the divider flung snow and ICE CHUNKS over the barrier... I wasn't too close, I was in my lane. I contacted my local police department and they deferred to the State Police / DoT.

I couldn't get a hold of someone as I kept getting deferred in circles so I just gave up and ate the cost because it was a small fix.

5

sp1d3_b0y t1_izzjm5l wrote

How did any of you pass your license test. Plows are emergency vehicles. Emergency vehicle guidelines state that you need to stay at least 500 feet behind them, and are not allowed to pass them, and must pull over for them.

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EVoltage1 t1_izwx6mh wrote

If they got you as you were waiting to enter the rotary, they may cover it. If you were following too closely, no way.

4

HikeEveryMountain t1_izxiir7 wrote

Insurance assigned my family member 50% liability and another driver 50% when a poorly secured picnic table flew out of a truck and smashed into her car. They said the first driver should have secured the load better, and the second driver should have left more space. So you might get SOMETHING, depending on the circumstances, but yeah for the most part you are responsible for leaving enough space to avoid hazards like that.

1

sweetnsalty24 t1_izx9c7q wrote

You can always try to file a claim with NHDOT but very rarely will you get a payout.

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PreparedForZombies t1_izxb64g wrote

I had some rock salt fall off a State plow truck (no, I was not tailgating, at least 6 or 7 car lengths back in clear weather and dry roads) while they were not salting, paint and windshield damage - I got nowhere with the State. Replaced the windshield under my insurance glass protection, filled in the chips myself.

4

sp1d3_b0y t1_izzitg8 wrote

Nope. State plows literally have a sign on the back that says don’t follow close, and state law says to state at least 100 feet behind.

4

movdqa t1_izwxoql wrote

I lived in MA in the 70s and 80s and insurance covered the cost of windhields back then. I don't know if there's coverage in NH but it could help as I think that replacing glass is very expensive these days. I think that most times it is very hard to identify the vehicle that kicked up a rock that breaks your windshield.

3

ForklkftJones t1_izx0m6c wrote

Something similar happened in Ohio or some weird western state last year or the year before. The govt vehicle caused a bunch of damages to multiple cars. Look that case up and see what happened. I believe those people were compensated by the state. Good luck. I hope you don't have to pay.

This reminds me that I need to get my dash camera.

1

vexingsilence t1_izxgdp8 wrote

Was that the one where it was in the high speed lane on the oncoming side? That dashcam video was pretty damning in that case. Dude was plowing at way too high a speed. I think a couple vehicles ended up going off the road because of it.

−1

underratedride t1_izx4dpw wrote

My uncle went through all sorts of nonsense before they finally paid his claim. It’s possible, but will take a lot of frustrating phone calls.

1

ProlapsedMasshole t1_izx55yr wrote

I had a similar incident. I sent the dashcam footage to my insurance company and everything got covered without issue or effort.

Why would anyone drive in 2022 without a dashcam? They are far cheaper than pretty much any damage that can happen to your car.

1

jwd673 t1_izyzeof wrote

Don’t waste your time. They will spend a million to say it was your fault. I was also told once you can not sue cities or state.

1

captainjackass28 t1_izzfqsl wrote

Even if it doesn’t submit a report immediately that way your insurance can’t say you didn’t report it right away.

1

zhfretz t1_izznn5r wrote

if you live in nh you NEED a dash cam.. too many incompetent traffic cops and not enough traffic cams in the area

1

nudgetravel t1_j027ui4 wrote

You can use roundabout or traffic circle interchangeably. Rotary is regional and doesn't really explain what it does.

1

emu22 t1_j0ed04q wrote

I don’t see any notes from the crews or anything logged in as you had called in. Who did you speak with?

There are some exceptions but the general advice is using your insurance.

1

5nd t1_izwuufv wrote

You're on the hook - you're not supposed to follow plows that closely.

0

FaustusC OP t1_izwx5v5 wrote

I wasn't close at all lol. At Minimum 3 car lengths away. I was pulling into the roundabout and just briefly passed behind them as they exited.

I know better than to ride their asses.

−5

Most_Expert_8080 t1_izwxtod wrote

Don’t tailgate plows. LFoD.

−7

akmjolnir t1_izwzsjg wrote

That right. Pass them no matter what.

LFoD

−3

FaustusC OP t1_izx8rob wrote

I didn't tailgate.

I was entering the roundabout to take a 3rd exit. The plows passed, I gave them about 3 car lengths and entered the round about to the center lane. The plows were already changing lanes to their exit. If 3 car lengths is tailgating, apparently I'm even more of an asshole than I expected. I was genuinely only behind them for seconds as they were exiting and I was entering.

−3

OldKingsHigh t1_izxjj2z wrote

>I If 3 car lengths is tailgating, apparently I'm even more of an asshole than I expected.

On a normal day? Completely fine following distance.

On a snowy day behind a vehicle that is actively plowing snow? Way too close.

You need to drive for the current conditions of the roadway. It’s usually recommended to stay 500ft back from any emergency or maintenance vehicle, and it sounds like you were back about 10% of that.

Definitely doesn’t make you an asshole tho.

2

FaustusC OP t1_izxrsh4 wrote

Their plows were up and he was literally almost bumper to bumper with the plow he was following.

I also drive like a grandma in the snow, so like, I wasn't trying to go up his ass. I saw them going for their exit and felt it safe to move.

Idk man. It was a safe move on my part, I would have been visible the entire time in his mirrors.

−1

OldKingsHigh t1_izxxj20 wrote

>Idk man. It was a safe move on my part, I would have been visible the entire time in his mirrors.

It obviously wasn’t a safe move considering it damaged your vehicle.

The issue isn’t about being visible to the driver. The issue is being far enough back so snow, salt, and other debris, which obviously will be coming from the plow truck, won’t strike your vehicle.

2