Falling Ice: Act Of God?

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Wednesday, February 6, 2013 - 2:40pm

Family fights for reimbursement after huge chunk of ice smashes their car.

A Kansas family nearly crushed by a huge chunk of falling ice from a Nebraska toll bridge is looking for answers...and cash.

A large chunk of ice fell from the top of the Bellevue toll bridge smashing their windshield and damaging the car hood.

"I thought 'Oh my God, somebody just shot out the windshield'," Davey Avery said.

Avery's car insurance paid for repairs to the windshield and hood, but he claims the Bellevue Bridge Commission owes him $1,000 for a deducible and car rental not covered by his insurance.

"They didn't do any inspections on the bridge after the ice storm and a chunk that big was on top of the bridge and fell," Avery notes.

The bridge is covered by liability insurance.

"I can understand where he is coming from but on the other hand the insurance company says they are not liable and we aren't either," says bridge commission chairman Don Fenster.

Fenster compared the situation to a deer hit by a car on the interstate and the driver holding the state responsible for damage.

"Our insurance said its act of god issue and therefore we are not responsible for it," Fenster says.

Read more: http://bit.ly/XkfL1G

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