In New Jersey there is not an automatic waiving of your comprehensive coverage deductible for windshield repair or replacement. If you end up placing this glass damage with your insurance as a claim you may ask your agent if your insurer could waive the deductible. Some insurance have their own guidelines and sometimes will waive deductibles in this type of situation.

However, from the information we could find, it would appear that in New Jersey motorists can be found liable if ice flies from their vehicle and causes death, injury or property damage to others.

In our research we found that a few of the "snow" states, such as New Jersey and New Hampshire, have laws requiring drivers to remove snow and ice from the tops of their vehicles. New York does not yet have this requirement but a bill has been introduced that would require NYS drivers to scrape snow and ice from the roof, windshield and cargo beds before hitting the roads. In New Hampshire, a driver who causes an accident because snow or ice comes off of their vehicle can go to jail for a year.

This information on the New Jersey law is mentioned in the NJ driver's manual and in the NJ State statutes. NJ State Statute 39:4-77.1. states that when snow or ice is dislodged from a moving vehicle and strikes another vehicle or pedestrian causing injury or property damage, the following penalties shall apply:

• The operator of a non-commercial motor vehicle shall be subject to a fine of not less than $200 or more than $1,000 for each offense.
• The operator, owner, lessee, bailee or any one of the aforesaid of a commercial motor vehicle shall be subject to a fine of not less than $500 or more than $1,500 for each offense.
• No motor vehicle points or automobile insurance eligibility points shall be assessed for this offense.

While other states may find ice sheets falling off a car and breaking your windshield a road hazard that would be your own responsibility (unless you can show negligence), New Jersey's law makes the driver of the car from which the snow or ice flew liable for damages to other cars. Thus it would appear that you should be able to place a claim with the other party's insurance company. If your claim will not be accepted by the other person’s insurer try contacting the NJ Department of Insurance for consumer help.