Chair Fell Out of Truck Comp or Collision?

[Room7]

Driving on the freeway, it a chair that slid into my lane (Chair was still bouncing and sliding when it hit me). Was driving at about 65mph, hit the breaks when I saw the chair, hit it at about 45mph. I couldnt avoid it as there were cars on both sides of me. Seconds later saw a truck about 50 yards and one lane to the left of me drop another chair that hit someone else.

Would this be considered collision or comprehensive?

Insurance charged me the collision deductible but I think this should be covered under comprehensive. Is there anything written in the law or rule books I could show my insurance company to make them change their stance.

Southern California, Travelers Insurance.

 

[F350]

if you hit it, its collision, a good claims adjuster COULD list it as not at fault......just hope the adjuster got some loving the night before he makes the decision

 

[BlockO]

Very good question. Unfortunately, you won't like my answer.

Generally speaking, when you collide with a moving object, it falls under comprehensive (e.g. hit by falling rock, tree, deer etc.). It is considered an "act of God".

However, when the object falls from someone's vehicle, It is not considered an act of God. It is considered an act of negligence, and thus it falls under collision.

Sidenote: Had you been able to identify the vehicle, you could have filed it under that vehicle's liability policy.

 

[VolAgent]

Very good question. Unfortunately, you won't like my answer.

Generally speaking, when you collide with a moving object, it falls under comprehensive (e.g. hit by falling rock, tree, deer etc.). It is considered an "act of God".

However, when the object falls from someone's vehicle, It is not considered an act of God. It is considered an act of negligence, and thus it falls under collision.

Sidenote: Had you been able to identify the vehicle, you could have filed it under that vehicle's liability policy.

Actually, wouldn't that move it to UM/UIM, the same as a hit and run? The truck driver is the person at fault, but they left the scene of the accident.

 

[FullAuto]

It's a comp claim. If the object is in motion, it's a missile. If it was not in motion and you struck it, it's collision.

 

[VolAgent]

It's a comp claim. If the object is in motion, it's a missile. If it was not in motion and you struck it, it's collision.

So here is one for you. One time I was driving and a hose fell off a milk truck. It moved across the road and I wasn't able to avoid it before I ran over it. Fortunately I missed the couplings and they didn't pop up to hit the underside of my car.

I honestly can't remember if it stopped or not before I actually ran over it, just that I wasn't able to avoid it. Is that comp or collision? Also, I didn't have comp or collision on that vehicle, but wouldn't the driver be liable and couldn't I file under UM?

 

[GreenSky]

Didn't we have someone here that swerved a few times before the fire hydrant hit him?

Rick

 

[xrac]

Here in Indiana I ran over the base of a sign that had fallen out of a DOT pickup truck. Fortunately they had stopped to pickup the sign and the State of Indiana wound up paying for a tire, a wheel, and an alignment.

 

[BlockO]

It's a comp claim. If the object is in motion, it's a missile. If it was not in motion and you struck it, it's collision.

I agree with that logic. If an object is in motion, it should be comp... If not, it should be collision. That would be a simple way to avoid a lot of confusion. But the insurance companies disagree with us.

When an object falls from another vehicle, it falls under collision. You and I both disagree with that logic, but that's how it is.
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Actually, wouldn't that move it to UM/UIM, the same as a hit and run? The truck driver is the person at fault, but they left the scene of the accident.

That answer may vary state to state, but I wouldn't consider that a hit and run. And to collect on UM/UIM coverage, in most states the driver has to be identified.

 

[Soaringagent]

If you hit an animal, its usually comp