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In Massachusetts, if driving on the highway, ice comes off my roof and cracks the windshield of the car behind me, am I liable? Or is this just a risk of highway driving?

There is no current Massachusetts law that we are aware of that forces drivers to clean the snow and ice off their vehicle, including their roofs, before driving but the practice is dangerous according to the Massachusetts state police. And if your insurance company decides that you were negligent in not removing snow and ice from your roof so that it became a hazard to other drivers they can find you liable and thus accept a claim if ice and snow from your car flies off and damages another vehicle.

There has been legislation in MA that would require drivers to remove ice and snow from their vehicles before hitting the road. Such bills have including imposing a fine of up to $500 and up to six months in jail for failing to remove snow and ice from a vehicle. We are not aware of any bills that have made it far; one a couple of years ago was rejected by the joint Transportation Committee. So while currently it is not MA law that you must clean snow and ice from your vehicle before driving it could become a law in the future so check with the Massachusetts Registry of Motor Vehicles or the MA state highway patrol every so often to see any bill has passed if this has become part of the MA law.

We recently read an article that stated while no specific law exists requiring drivers to clear their cars in MA law enforcement have been known to write up those that that ice or snow fall off their car and hit others. The officer noted that the offense could invite three types of citations, the most severe being a charge of transporting an unsecured load, punishable by a fine of up to $200. If there is a substantial amount of snow and ice, that could be considered a load to an officer. And the snow or ice does not even need to fall off to get a ticket. A police officer could stop somebody just for having it, if they believe there is a significant risk of it falling off.

Police in MA can also hand drivers a $35 fine for impeded operation. Anything that interferes with a motorist’s ability to safely operate, or could potentially do so, is considered an impediment to law enforcement.

Even though a motorist may not be cited for failing to cleaning off the ice from their vehicle roofs, they could still face financial penalties. We have read where MA law enforcement have stated that they tell motorists to place a claim against the negligent driver’s Property Damage Liability coverage if something comes off another car and damages your vehicle.

There are certain winter time MA laws to be aware of. It is against the law in MA to not to fully clean off all of a vehicle's windows. License plates, headlights and taillights plates should also be cleared, or this could be considered obstruction and a ticket with a $35 fine could be issued. Also MA state law says that people cannot "pile, push or plow snow or ice" onto a state highway.

So if ice came off of your vehicle and cracked the windshield of a car following you on the roadway than it is likely that driver will put a claim through your Property Damage Liability coverage and if your insurance company find you negligent they will accept the claim and pay out on it.

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This car insurance question was asked on 1/8/2009
This auto insurance answer was last updated on 1/14/2009
Kim H requested this car insurance solution.
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