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.