However, proving negligence can be challenging. To successfully claim compensation, you'll likely need to demonstrate:
* The driver's negligence: That the driver failed to take reasonable steps to secure the object in their truck. Simply having something unsecured isn't always enough; you'd need to show it was foreseeable that an unsecured object of that type and size could cause damage.
* Causation: That the object flying from the truck directly caused the damage to your windshield.
* Damages: The cost of repairing or replacing your windshield.
If the driver has insurance, their liability coverage would likely cover the damages. Your own comprehensive insurance might also cover the repairs, but you might then have to pursue a claim against the truck driver's insurance to recoup your deductible and any additional costs. Depending on the circumstances, you may be able to pursue a claim directly against the truck driver even if they have no insurance, but this can be more difficult and expensive to pursue.
In short, while the truck owner/driver bears the ultimate responsibility, the practicalities of obtaining compensation may involve your own insurance and legal action. It's advisable to get the driver's information, including insurance details, and report the incident to your own insurance company as soon as possible.
