Can I Sue Someone For Damage A Rock Causes On The Highway?

Almost everyone has been driving on the road and heard the ping of a rock hitting the windshield. The natural question is ‘Who pays?’

Most people do not see the vehicle responsible for the damage, but if you do see which vehicle sent the rock towards your window, there are several options for repairing your windshield:

  • You can turn the incident into your insurance and let them handle the claim alone.
  • You can contact the other driver and file a claim with their insurance.
  • You can try to sue them, but you would have to prove negligence on the part of the other driver which would be difficult without the other driver confessing.

These options are based on the scenario of two cars driving down the highway and the other car accidentally running over and kicking up the rock, and not the idea that someone intentionally threw a rock from the car or the side of the road.

Suing the city, county or state is not an option. The state of Arizona has what is called sovereign tort immunity (ARS 12-820) , which protects public employees and entities from being subject to lawsuits such as debris in the road.

Going through insurance is the best option and the one most likely to get a positive result. Reliable Glass works with every insurance company and can get your car fixed quickly and professionally. If you have windshield coverage, you will likely not incur any out-of-pocket expenses for the replacement. Additionally, in Arizona, your insurance cannot increase your premium because of windshield replacement claim. So you can confidently take care of the repairs without having to worry about your insurance going up.