"This change in language follows the original intent of legislation that is to prevent damage to other vehicles and enhance safety"
- Rep. Elkins
Auto insurance coverage for automobile owners is often purchased with optional coverage for glass breakage found within the "comprehensive coverage" portion of the policy. This coverage may include a deductible as opted for by the insured. As expected, the cost to provide glass coverage by the insurer is reflected in the insurance premium to the extent that companies pay for this damage using money collected from the insured. Glass breakage is most often caused by gravel left on the surface of the roadway by vehicles carrying gravel.
These uncovered loads account for a significant portion of the passenger cars glass breakage. Most states rightly do not allow spillage of any portion of their load onto the roadway. Unfortunately loaders often load gravel above the 6'' minimum freeboard needed to maintain the load inside the bed. At highway speeds loose gravel blown from the surface of the load is often deposited on the roadway where again is thrown rearward several times over before finally leaving the paved area. These stones are capable of causing chips, dents and glass breakage, much of which is paid for by the auto owner's insurance premium. Chipped and cracked glass is required to be replaced under 13 ACC 04.225 and so the insurer and the insured are jointly liable for paying for repairs caused by a third party.
HB 259 corrects this inequity by changing the language from "contained or confined" to "covered or enclosed". This change in language follows the original intent of legislation that is to prevent damage to other vehicles and enhance safety.
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