Negligent driver not securing load of gravel

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sweetpea51306

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On October 28th I was following a dump truck containing gravel. As I came closer to the truck attempting to pass gravel came out from the top and hit my vehicle repeatedly. I backed off as much as I could but needed to stay somewhat close in order to pass. I was on a road where it was hard to pass with twists and turns. I also had a person behind me riding my rearend for going under the speed limit. The dumptruck was going 50 in a 55 mph area. After several miles of trying to pass the road came to 4 lanes 2 on each side and I passed. I waited to inspect the damage till I got home since I had a 4 month old 3 year old and a 4 year old in my vehicle. After noticing several chips in my windshield hood and bumper I called his company and stated what had happened and they said the insurance company would be contacting me. After talking to the insurance the next day i was mailed a accident report form and was asked to produce pictures and an estimate of the damage. I did so and today I got a letter of denial stating that the company was not going to be held responsible since they had no Idea this had happened. (yet they gave me there insurance info). So I called the insurance company up and asked what I should do now and they said I should file with my insurance (I don't think so) The companys insurance said I provided them with what they requested and are unsure why he is failing to pay. I sent a letter Nov 18 and told them they had 5 days to pay or I would be forced to pursue legal action. My thought is this: You had a driver that was carrying anunsecured load of gravel that was flying out the back and hitting my vehicle.
There was not tarp or cover securing the gravel and there was no sign stating to keep back so many feet. Any input would be greatly appreciated. I have never gone through this before and would like to know what to expect.
 
Turn this into YOUR insurance company.
They'll fix your car and subrogate against the offender.
Otherwise, you'll never et your car repaired.
These giuys don't have to do anything but IGNORE you.
It is your word against theirs, at this point.
 
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