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   Car Wash Liability
P:  5/8/2008 11:10:20 PM
Beka

Member

Total Posts: 1
Last Post: 5/8/2008
Member Since: 5/8/2008

I recently went to an automated car wash.  The employees were hustling cars through the wash and while inside the car wash, the wash propelled me into the back of another car. 

Before I had been instructed to enter the car wash, the driver of the car in front of me, was having a difficult time understanding the employees instructions to put the car in neutral and not touch the brake etc. The driver did not speak english well.  Anyways, even though the driver really didn't know what he was doing, they still instructed him through, and before the  car was all the way out, they instructed me to pull into the car wash.  I did exactly as I was told, put the car in neutral and the car wash began.  As the brushes were in front of me, my vision was limited.  all of a sudden, as the car wash moved me forward, my car was propelled into the back of the car in front of me. 

In all likelihood, the car in front of me probably put his brakes on which is probably what caused the accident.  However, the car wash company requested that I submit a claim to the company for the damages since it was their machinery that was in control of my car at the time of the incident.  I've talked to the manager of the car wash and now they're saying that I have to deal with the driver instead of the car wash.  However, the car wash employees also have no proof that the car in front of me did put his brakes, nor is it likely that he'll admit to that. 

Any suggestions?  What responsibility does the car wash have?  What steps should I take?  The last thing I want to do is pay for damages to my brand new car when it was not my fault at all! 

(p.s. i live in california and the damages are purely cosmetic... the front fender and grill are dented/broken)

Revisions : 0   |    Posted:  5/8/2008 11:10:20 PM   |   IP:  Recorded    |    Report this post


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P: 5/12/2008 1:52:19 PM
Bill_R71460

Member

Total Posts: 25
Last Post: 3/5/2013
Member Since: 8/8/2007

If you want your vehicle repaired right away, you are almost certainly going to have to proceed without insisting the driver and/or car wash pay for the damage up front.  Did you get the other driver's information?  You stated you suspect the driver had on his brakes.  Did you see brake lights?  It's unlikely the car wash was designed so that a collision between two vehicles was possible during normal operation.  However, it probably should not have allowed the driver to remain in his vehicle if he could not understand instructions.
 
Don't forget you have a duty to mitigate your own damages, so it's probably not a good idea to wait for the other driver and/or the car wash to take care of your damages.  If you don't get your own carrier involved but repair right away, send a copy of the estimate with your proof of payment to the other driver and the car wash, and demand payment in full within a certain time period - maybe 30 days.

Revisions : 0   |    Posted:  5/12/2008 1:52:19 PM    |    IP:  Recorded    |    Report this post
P: 5/16/2008 11:54:51 AM
rpetty

Member

Total Posts: 51
Last Post: 10/2/2009
Member Since: 9/14/2006

1) Make a claim with both the car wash & other driver carriers.

2) I would not repair your vehicle until both have denied you.
 
3) Under no circumstances repair your vehicle without your carrier being fully aware of it.
 
As to liability, my guess is that both carriers will deny your claim. You can then either have your carrier repair and try to subrogate, or you can try small claims.
 
 

Revisions : 0   |    Posted:  5/16/2008 11:54:51 AM    |    IP:  Recorded    |    Report this post

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