If your car was struck by a large chunk of ice breaking off a truck, bus, or other commercial vehicle (otherwise known as an “ice missile”) you may have a right to recover damages in a civil suit. But what can you receive as damages?
The Two Types of Damages You Can Recover When A Vehicle is Struck by Falling Ice
There are two types of damages you can recover when your car was struck by ice falling of a truck or other large commercial vehicle. The first is property damage. This is the damage done to your car – whether it needs repairs or was completely totaled during the accident. If you have collision coverage with your auto insurance, then your insurance will cover the repair of your car. If your car is considered totaled then your insurance will provide you with the replacement value of your car. Unfortunately with a totaled car you will be limited to what the Kelly Blue Book value of your car was at the time it was struck by the ice missile. You will not receive an amount to buy a new version of your totaled car.
If you do not have collision coverage, then you would have a property damage claim against the truck or commercial vehicle which the ice missile came from. Here you may be able to submit the claim to the other driver’s insurance, or you may have to litigate this claim depending on whether the “ice missile vehicle” accepts responsibility for causing the damage to your car.
You would also have a personal injury claim if you suffered injuries to your body from your car being struck by the ice missile. For example, if you suffered fractures, a head injury causing concussion, etc. If you have lost wages and other out of pocket and medical expenses due to your injuries, you can also seek to recover those in your personal injury claim. You would recover these damages through the insurance of the ice missile vehicle through litigation or other means.
Typically Your Physical Injuries Are Not Covered Through Your Own Auto Insurance
You would not typically receive coverage for your physical injuries through your own auto insurance. You would only have a claim against your own auto insurance for your physical injuries in two instances. The first is if the ice missile vehicle has no insurance, or the vehicle fled the accident scene and you were not able to get its insurance information, and you have uninsured motorist coverage through your auto insurance. The second is if the ice missile vehicle’s insurance is not enough to fully compensate you for your personal injuries. Here you can make a claim against your auto insurance if you have underinsured motorist coverage for your own car.
The value of your claim can be proven through damage estimates and repair bills for your car, your medical records noting your injuries and the treatment you required, your tax returns and other wage information if you cannot work, and by providing your medical bills and other out of pocket expenses you have due to your injuries.
Check Your State Specific Ice Missle Laws
Just because you were injured by ice falling from the roof of a commercial or other vehicle does not automatically mean you are entitled to damages though. You need to prove the ice missile vehicle was negligent and at fault for your injuries. Beyond the police report, any witness statements, and any photos or video of the ice missile accident, you can look to your own state’s law to prove fault on the other driver. Your state may have what is known as an “ice missile law”. Some ice missile laws impose fines or hold a driver at fault if the driver knew or should have known they had ice on the roof of their truck or other vehicle that could become dislodged and injure someone if it was not cleared off. Other laws go further and put a responsibility on the owner of the commercial vehicle to check and make sure there are no large chunks of ice that need to be cleared off the vehicle.
The Thistle Law Firm is experienced at handling ice missile trucking cases. If you or a loved one was seriously injured as a result of a piece of ice breaking off a truck or other commercial vehicle and striking your car, the attorneys at the Thistle Law Firm are here to take your call and answer your questions at 215-568-6800.