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Money Pits
Construction companies won't pay for the damage caused by pebbles spewing from their trucks and into windshields. Glass repair companies are happy to scoop up the easy money, but the combination drives up insurance rates, and could eventually mean the end of glass coverage.


 
No sooner had Janet Morris replaced the windshield on her 2003 Honda Civic, when another dump truck hurled, for the second time in two weeks, a 70-mile-per-hour pebble directly into the glass.

Why don't Valley construction companies pay for the common damage? Insiders say glass claims are inflating coverage rates in a complex web of insurance companies, windshield repairers, construction crews and free steak dinners.

Under federal law, construction companies are obligated to foot the bill for damage caused by their loads. But few consumers know their rights, and many sand and gravel companies refuse to pay up. Insurance and windshield experts say glass coverage is losing money for insurance providers and may be on its way out due to the sheer number of windshields repaired every year.

The Valley

Most Valley drivers can relate. A dump truck scatters pebbles onto the highway, bouncing off the pavement and into windshields. At the car wash a young guy in a blue shirt says insurance can fix the chips for free.

The reality is that it's not free. Insured drivers eventually pay the bill, either through higher personal rates due to numerous claims or through higher national costs for glass coverage.

"Nowadays there are a lot more glass claims," says Tim Haverluck, who has worked the windshield replacement business on both sides of the glass, writing auto insurance policies for five years before specializing as an auto glass representative for a large insurer.

"In 1999 glass coverage cost $9 every six months. Now it's $30 every six months," explains Haverluck, now an independent contractor for windshield replacement companies. Haverluck remembers when insurance higher-ups encouraged personnel to push for glass coverage policies. "It was nothing but a moneymaker, but now they say it's a loss leader," he says.

Arizona's climate, topography and construction are particularly tough on windshields. AAA reports 30 percent of glass claims nationwide in 2005 came from Arizona drivers.

Last month, 75 percent of Arizona glass claims were for repairs, not replacements, an indication that repair offers at carwashes and elsewhere are pushing up the number of claims, and ultimately the cost of glass coverage.

"Sometimes a repair company will file the claim for four or five chip repairs, which is about the same cost as a brand-new windshield," Haverluck says. Those companies tack on more repairs, and insurers pay the inflated price. Eventually rates increase.

Another insurance insider, who asked that his name not be used, says glass coverage is getting so expensive he expects most insurance providers will do away with the optional coverage by 2010. "There's a spreading, sneaking suspicion that they may stop carrying the coverage," he says. "If you're eventually spending $300 a year for glass coverage, it doesn't really make sense."

AAA spokesperson Yvette Lopez says that of the 235 windshield claims in Arizona last month, 75 percent were repairs, not replacements. "The majority of those claims were either damaged by rocks or gravel," Lopez adds.

Common Cracks

Nationwide, rocks and other loose debris cause about 25,000 crashes each year, according to a AAA study. "That's less than one percent of all crashes," Lopez adds, but a handful of those accidents are fatal.

In the last year alone at least four U.S. drivers were killed when rocks fell from construction vehicles and broke through their windshields.

Though debris accidents resulting in fatalities are rare, Sgt. Bill Whalen, chairman of the Arizona State Troopers Labor Council, estimates troopers see about one debris-related accident per week in the Valley.

"To say it's specifically construction or dump trucks is too simple," Whalen warns. AAA reports that loose gravel and soil in transport account for about one-third of debris-related accidents.

One thing all parties agree on is the danger of tailgating construction vehicles. Dump truck drivers, insurance experts and highway patrol officers all agree, the best way to protect your windshield and your life is to follow trucks at a safe distance.

The Sparkling Glass Business

As president of Desmond Insurance Group, Ron Desmond knows plenty about construction-inflicted windshield wounds. "I drive Valley streets all the time. New construction is really a killer for all who drive here," he says.

"If you have the insurance coverage, you're best to use it. But once you make a claim, it's going to be on your record for a good three years," Desmond says. "As long as you stay with the same company, your rate will stay the same. If you go rate shopping, a new company will cite a higher rate because of the claim on your record. Whether it's $10 or $10,000, a claim is a claim to them."

The Farmers Insurance Group also warns consumers that "glass claim harvesters" at carwashes sometimes encourage unwitting consumers to file illegitimate claims for small pit marks. Depending on the insurer and the policy, small nicks may not actually be covered under the drivers' insurance.

Doug Ashbridge, director of special investigations for Farmers Insurance Group, says such claims can be deemed insurance fraud, particularly if the windshield is replaced. Ashbridge warns that more glass companies are repairing or replacing windshields that are not sufficiently damaged.

"When the carwash guys started coming out, the insurance companies said it was generating a lot more claims," says Haverluck. "The glass (replacement) guys don't like the carwash guys because they steal their business," says Haverluck, adding that carwash windshield repair companies are paying the carwashes to be there.

Hauling Liability

Under federal law, commercial companies must pay for damage inflicted by loose cargo, whether the loose debris consists of a pebble or a couch. The Federal Motor Carrier Safety Act holds a company liable if a stone comes off a truck and hits your vehicle. The law does not apply to existing debris kicked up by a truck.

The Times called numerous Valley sand and gravel companies to determine which of them had systems in place to repair damage caused by their loads.

ABC Sand & Rock's reply was indicative of many Valley sand and gravel companies. An ABC employee immediately claimed his company was not responsible for any kind of damage. Asked if ABC ever paid for inflicted damage, Lee, who would not give his last name, said "I don't try to stop a car or truck if it happens to me. I've got chips on lots of my windshields. If a guy was running without a tarp, that would be illegal. But if he has a tarp, well, that's just called road hazard."

Some Valley sand and gravel companies took a phone number and promised to call back. Of those telephoned, Pioneer Sand Company was the only one to call back within a week.

"We get at least one complaint a day," says Nancy Schnurr, Pioneer Sand Company's insurance claims adjuster. "Some days it's a lot more. Some days maybe five. Some days none."

Schnurr works full time to field calls from upset drivers. "I'd have to agree with the other companies. More than half the time it is just a road hazard. If a vehicle drives through gravel that's already on the road, that is a road hazard," she says.

"But if we did have a problem where a tailgate wasn't shut, we'll take care of it. Pioneer has to be negligent. Sometimes we are. Sometimes we aren't," Schnurr adds.

AAA spokesperson Yvette Lopez says AAA rarely pursues liable construction companies because it can be difficult to prove the debris came from the negligent vehicle.

Schnurr of Pioneer says customers must provide the license plate and truck number as well as the date and exact location of the accident. "We reference our truck log. If the truck was empty or we were hauling mulch we wouldn't pay for it. We have to look at each individual claim."

Schnurr's advice: "Stay back from the trucks at least 100 feet because they do kick up a lot of debris."

Attorney and traffic law specialist Susan Kayler says, "All a person has to do is get the license number of the vehicle, the name of the company if there is one on the vehicle and then call the company and make a claim."

Commercial transporters are required to have insurance, and federal and state laws require all loads to be secured.
Copyright 2008, Strickbine Publishing, Inc. All rights reserved.
ODD JOBS
A closer look at some of the Valley's more interesting gigs. This month meet Jayson James the stunt man!