City Transfer, Inc.

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Responsible for my broken windshield
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TUKWILA, WASHINGTON -- Complaint regarding highway incident involving City Transfer, Inc. [2720 E. Valley Highway East, Sumner, WA 98390; 98390]

On June 7, 2002, I was traveling southbound on Interstate 5 in my 2002 Honda Accord when a rock struck my windshield, immediately making a large crack. In the very near distance, traveling straight in my same lane was a dump truck carrying a load of dirt and gravel. As I approached the vehicle, after changing lanes to avoid debris, I observed that quite a bit of “spray” - bits of dirt and pebbles were hitting my car. I also noticed that the truck was overloaded – the top of the dirt/gravel mound actually sat above the rim of the truck and had no tarp or covering over it. This left the rocks and dirt exposed to the oncoming wind draft, estimated at least 60 mph (the rate of speed of the truck).

I was able to find a business name on the door of the truck, City Transfer of Sumner, WA, and within 20 minutes I was on the phone with the company filing a formal complaint and requesting that they pay for any costs for repairs. After getting my account of the incident, I was told by the company that I would be notified via letter as to their decision of whether or not to accept responsibility.

On June 28, 2002, I received a letter from City Transfer that stated the company would not accept responsibility for the incident, and that my request for reimbursement to repair the windshield, an estimated $248.44, was denied. The reasoning was as follows:

“[We] have gone over the details regarding your claim. According to the information provided you were unable to indicate where the rock may have come from. Dirt and rocks thrown up from the roadway are considered road hazards for which we have no control over. After careful consideration of the facts we must deny your claim.”

On July 1, 2002 I called the company’s complaint department and reached a Ms. Pam Wagoner, who authored the denial letter. While Ms. Wagoner did not take responsibility for the incident, she did admit that City Transfer had a vehicle traveling southbound on I-5 with a load of dirt and gravel on June 7, 2002. In an effort to escalate my claim I sent a letter to the attention of a Mr. Jeff Anderson, at the instruction of Ms. Wagoner, dated July 1, 2000 asking the company to reconsider its decision and send me $248.44, the estimated cost of replacing my windshield. I have received no communication from the company since.

I believe I have provided substantial evidence to City Transfer that they were indeed responsible in this incident and am absolutely certain that had the company had its load of dirt and gravel properly covered I would not have had my windshield broken on the morning of June 7, 2002. City Transfer’s disregard for others on the highways of Washington is simply unacceptable and I will continue to pursue this until it is completely resolved to my satisfaction.

Robert Chamberlin
Auburn, WA
     
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Damage caused to vehicles by uncovered trucks carrying uncovered loads
Posted by on
RENTON, WASHINGTON -- On Monday, June 10, 2002, at approximately 9AM, I was heading eastbound on NE 3rd St. in Renton, Wa, when I was passed by a westbound fast-moving CTI (City Transfer Inc.)truck. We were in adjacent lanes and there were no vehicles on either side of us. A large rock was thrown from the truck which hit my windshield and cracked it badly. I had two other passengers in my vehicle that witnessed this incident and can confirm that the windshield was not damaged prior to this date. The windshield was new as of February 2002.
I have attempted to resolve this matter with CTI, however, their position is that, "since I was unable to obtain a truck or license #," that "they are not responsible for this incident, particularly since they cannot verify what cargo if any they were hauling at the time."
My contention is that the driver was traveling at a fast rate of speed, possibly to make it through the light at the bottom of the hill, and I did not have time to obtain a truck or license #. I wouldn't have been able to catch up with the driver even if I had made a u-turn in the middle of the road to pursue him because I wouldn't have made it through the light myself. Additionally, I have taken note since then that the truck #'s are not placed in easily visible areas and cannot be seen when passing a truck on the side.
I have suggested to CTI that they issue payment for my insurance deductible in the amount of $100.00, since this damage is covered under my policy, rather than for me to simply 'drive in' to an auto glass repair shop which would be more costly. I am not seeking any other damages nor am I attempting to make a profit. I simply want what I had prior to this incident which was a new, undamaged front windshield.
I feel that since CTI is responsible for the damage to my vehicle, they are, therefore, responsible for the repair of it.
     
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User Replies:
Anonymous on 2002-07-18:
so you mean that in your whole lifetime you have never ran over a rock and had it crack someone elses windshield before? give it up sh!t happens all the time
Anonymous on 2002-07-21:
I am with CTI on this one. You have no way to prove that it was their truck that caused the damage. Just because you and your passengers claim it was a CTI van that did this is not proof without a license number or truck number. If CTI granted your claim, couldn't everyone claim that a CTI truck damaged their vehicle and collect?
kholmes324 on 2002-07-24:
This happens all the time! The trucks are supposed to cover their loads so this kind of thing DOESN'T happen! CTI is a BIG offender..the next time you see one with a fullload, just get hil lic# or vehicle # and report THAT one...chances are, he has cracked someone else's!
Anonymous on 2002-07-28:
In Washington they gravel trucks are not required to cover a load, and from what you have said it has nothing to do with this case anyway.You said that the truck kicked up a rock? Well, legally they are not responsible for your broken windshield unless they drop a rock from the load they are carrying. If it had fallen from the truck then yes they would've been responsible for it but even so you would have to have a truck # , license # or even a good discription of the drive and time of day so they know that it was their truck. Without that info and since it did not come out of their truck , you have no legit case.
Anonymous on 2002-08-05:
Chris, Chris, Chris... you're obviously a wet doormat and are quite used to letting people walk all over you. You're a coward and a cull if you can't stand up for yourself and fight for what is right! If you like yourself that way, so be it.

Jen, Jen, Jen... you obviously don't know how to read very well. If you had read this complaint correctly, you would have realized that the rock DID COME FLYING OUT OF THE TRUCK and that very specific info was provided regarding this incident including time and place. Also, part of the complaint included the fact that the trucks CANNOT be identified from the side or rear particularly when excessive speed is involved.

To those of you who have been supportive and are engaged in battles of your own, Just so all of you who are used to "sucking up" this kind of thing know, for future reference should you develop a spine, it pays to fight when you're right. I got my money. Case Closed.
Anonymous on 2002-08-05:
As I was attempting to say in my preceding comment: to those of you who have been supportive and are engaged in battles of your own, I say THANK YOU and FIGHT ON! ~Gina~
Anonymous on 2002-08-06:
You are right iI did miss read but I will stand behind most of what I said because that I've been in a like situation.Last year they paid over $1500.00 to repair my windshield and hood of my truck.You can ID those trucks , I'm not sure what part of NE 3rd she was on but had she turned around and tried , she probably would have caught up to him at the next light.I she is determined with them she will get paid , sometimes you have to do more than ask. Sometimes you have to go down to the office and speak to them in person.
Anonymous on 2002-10-05:
This happens quite often. I would say drop your deductible to 0. It only costs a few dollars more and is well worth it.
DarcyR on 2010-09-07:
I just got hit by a blow-out of a City Transfer, Inc. semi-truck tire on I-5 on my way to work this a.m. It almost knocked my Chevy S-10 over. The City Transfer driver swerved to gain control after his blow-out, left a huge skidmark, and faked like he was going to pull over, but then took off when I got out of my S-10 and started walking up to him!!! I found him pulled over just north of there on 599 looking at his blow-out. He saw me approach (female 5'8" 130lbs) and got in his cab and took off again!!!

Their "Safety Director" is a Kirkland, WA company named "The Integrated Group, Inc." that appears to really consist of just one lone employee who specializes in skirting safety and responsibility, by stating it's not one of their trucks even though he has it in writing from me that both tractor registration USDOT00011991 and tractor plate B26077C checks out at City Transfer Inc. according to both the WA Patrol and US DOT!!

When I call City Transfer Inc's main Sumner office to talk to let their Owner to let him know that their "Security guy" seems to be questionable, the owners' Executive Assistant says "Of COURSE they're not going to pull over after an accident or incident, they're intructed NEVER to pull over, they're told to keep ongoing!" When I pressed for further explanation, she elaborated that it's "For their own protection in case a confrontation may occur!"

Okay, well a motorcyclist could have died from the blow-out, and anyone in a vehicle could have died if the tire had gone through the windshield, but as long as City Transfer's truck drivers are safe from possibly getting kicked in the shin or slapped by a woman, or the "Goldberg" safety guy isn't out any bucks, that's all we should care about right?
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