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Help! Dump truck, loose tailgate = Frustration

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Old 02-08-2013 | 12:26 PM
  #1  
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Help! Dump truck, loose tailgate = Frustration

I was on the highway when I came up to a truck and what I didn't know as I approached the truck is that it's tailgate was loose, the truck hit a bump in the road and golf ball size rocks fell out hitting my G in all over the front end.
I tried to flag the drive but to no avail! Now I don't know where to start or if I can even convince the company that this was their fault. I was able to get the plate number and name of the company but there was no phone number to call. Has anyone else here had to deal with this??
Old 02-08-2013 | 12:51 PM
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Call your insurance comapny, give them the information.
Get you car fixed by your ins co, let them go after the trucks owner.

Thats what you pay premiums for!
Old 02-08-2013 | 01:53 PM
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What company was it? What kind of damage and how much? Did this happen today?

Honestly you are unlikely to get them to take responsibility, but it's not impossible. Many dump truck companies in our area are one man operations or small operators or not operating completely within the law. If you want to give it a shot here's what you should do.

Note the exact time, exact location, direction of travel, what lane you were in. Start by finding the number of the company (ever heard of Google?) and calling. Ask to speak to an operations manager, or safety manager, or DOT compliance manager. Tell them your story without being a jerk. That is very important. If you are a demanding a-hole and try to tell them they are responsible and you'll get a lawyer/call the cops/ etc, you will get absolutely nowhere. Trust me. Explain politely what happened (i.e., that you were not tailgaiting and that some debris from the unsecured load (use those words) fell from the rear of the truck and damaged your car. Describe the damage. If you are certain the driver saw you trying to flag him down, mention that you tried to get his attention but he didn't stop (he's not supposed to stop for someone flagging him down but he may remember you and corroborate your story) Ask them what they can do to make the situation right.

If you get "road hazards are not our fault and we aren't liable" answer, politely tell them this wasn't a road hazard, but an unsecured part of the truck's load that fell onto your car causing the damage. Not from a rock kicked up by the tires, but from the load coming out of the truck traveling down the road. If they still refuse to help, call Texas DPS Commercial Vehicle Enforcement Division and report it exactly as you just did to the company. Tell them you wish to initiate a complaint.

Then call your insurance company and deal with them to get it fixed.

This is a small part of what I do professionally and I usually tend to be less helpful if someone calls and is demanding or yells at me on the phone. If they are composed and sound credible I tend to take their concern much more seriously. At times I've even paid for windshield replacement when we didn't have to (road hazards like rocks kicked up by the tires) if the people were nice about it.

Sorry your car got damaged. Best of luck, I hope it works out.
Old 02-08-2013 | 02:03 PM
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BB you sure it was not you? haha you took off
Old 02-08-2013 | 02:10 PM
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Originally Posted by GTLAW
BB you sure it was not you? haha you took off
LOL. I don't drive the trucks these days. I try to get them to not lose their load all over the highway. And deal with these situations occasionally when they do. Except not with dump trucks, but with tankers transporting God-knows-what.
Old 02-08-2013 | 02:19 PM
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BB Anytime I see a truck or anything like that I get far far away! I get so pissed when I see anything that looks like it could hurt my baby!
Old 02-08-2013 | 02:43 PM
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This is a really helpful thread. I had something similar happen to in my Titan a couple months ago up here in Colorado. Insurance company took care of it, but I think they had a hell of a time getting the construction company to pay up.
Old 02-08-2013 | 02:49 PM
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As a rule of thumb in most states, road hazards like a rock kicked up into your windshield are not the responsibility of anyone. Damage from unsecured loads or parts or chemicals falling from the trucks are the responsibility of the company. But it's very hard to prove and shady companies will try to get out of paying even if they know they are at fault..

We should all drive around with dash cameras like they do in Russia and China.
Old 02-08-2013 | 03:16 PM
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BB are you a dispatcher/safety manager?

Couldn't have said it better than BB basically.
Old 02-08-2013 | 03:17 PM
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From: San Antonio
Originally Posted by Black Betty
What company was it? What kind of damage and how much? Did this happen today?

Honestly you are unlikely to get them to take responsibility, but it's not impossible. Many dump truck companies in our area are one man operations or small operators or not operating completely within the law. If you want to give it a shot here's what you should do.

Note the exact time, exact location, direction of travel, what lane you were in. Start by finding the number of the company (ever heard of Google?) and calling. Ask to speak to an operations manager, or safety manager, or DOT compliance manager. Tell them your story without being a jerk. That is very important. If you are a demanding a-hole and try to tell them they are responsible and you'll get a lawyer/call the cops/ etc, you will get absolutely nowhere. Trust me. Explain politely what happened (i.e., that you were not tailgaiting and that some debris from the unsecured load (use those words) fell from the rear of the truck and damaged your car. Describe the damage. If you are certain the driver saw you trying to flag him down, mention that you tried to get his attention but he didn't stop (he's not supposed to stop for someone flagging him down but he may remember you and corroborate your story) Ask them what they can do to make the situation right.

If you get "road hazards are not our fault and we aren't liable" answer, politely tell them this wasn't a road hazard, but an unsecured part of the truck's load that fell onto your car causing the damage. Not from a rock kicked up by the tires, but from the load coming out of the truck traveling down the road. If they still refuse to help, call Texas DPS Commercial Vehicle Enforcement Division and report it exactly as you just did to the company. Tell them you wish to initiate a complaint.

Then call your insurance company and deal with them to get it fixed.

This is a small part of what I do professionally and I usually tend to be less helpful if someone calls and is demanding or yells at me on the phone. If they are composed and sound credible I tend to take their concern much more seriously. At times I've even paid for windshield replacement when we didn't have to (road hazards like rocks kicked up by the tires) if the people were nice about it.

Sorry your car got damaged. Best of luck, I hope it works out.
BB thanks for the info! You level of knowledge never ceases to amaze me.

It did happen today around 8:30 and the truck had a logo called Sanchez but when I do a google search I only find a company that does not operate in Texas. I called and just asking where they opperate and they confirmed they did not do business in Texas. So maybe like you mentioned this is a one man operation but I'm not sure. I just filed a report with a county Sheriff and he confirmed the tag/plate number I remember from the trailer was a valid Texas plate. The damage mainly consist of about a half dozen large chips from pea to dime size and a nicked headlight. Not sure what my next step is if I can't pin point the company. I want to say I saw a city name on the side of the truck, it started with an A so maybe Addison,Tx? Who knows. Just hoping to get my baby fixed with little to no cost to me since this idiot didn't secure his load properly.
Old 02-09-2013 | 08:44 AM
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exact same thing happened to me a few months back, shattered my windshield in 3 different places and pelted the front bumper.
Old 02-09-2013 | 10:36 AM
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Originally Posted by quakerroatmeal
BB are you a dispatcher/safety manager?

Couldn't have said it better than BB basically.
DOT Compliance/Health and Safety Manager.
Old 02-09-2013 | 01:05 PM
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From: San Antonio
Originally Posted by solarg37
exact same thing happened to me a few months back, shattered my windshield in 3 different places and pelted the front bumper.
What did you do?
Old 02-10-2013 | 11:48 AM
  #14  
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I found this through some google searching. Looks like there is a Sanchez Land Development Group that operates out of an Addison, TX office.

http://companies.findthecompany.com/...-in-Addison-TX

It appears to be a small company run by a J. Martin, and Kim Sanchez. This may entirely be the wrong company, but at least contact info is available. I'd look around the Internet to see if you can find a logo and determine if it matches the one you saw on the truck.

Best of luck.
Old 02-12-2013 | 03:47 AM
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tire tread flew up and hit my old car. almost took my head off. glass in eyes doing 70 mph in the fast lane is not fun. it does teach u to stay off cars butts tho
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