Car Wash Damage - Advice please!

jacobsdaduk

To make a claim against the company that own the garage, you would have to prove they were negligent. If they can produce documentation to show that the machine was serviced or inspected regularly, they won't pay.

Write a letter to the franchise holder (garage owner) and ask them to provide you with written confirmation of when it was last checked. I had a similar problem two years ago - the machine was inspected 2 weeks before. I got nothing and wasn't willing to risk Small Claims Court.

vikingaero

The fact that the machine caused damage is enough to prove that it is faulty despite the disclaimers. The garage and insurers did initially point to the disclaimer but the judge said that it was plainly ridiculous to hide behind it. He was pretty peeved at the defence for trying to hide behind it. I was pretty sure that if they brought it up he would have censured them quite severely.

DJS1988

Crabman wrote: »

They can't absolve their legal responsibility that easily. They have a duty of care towards customers in agreeing to provide car wash services. The only way to get rid of their legal responsibility for this sort of damage would be to close the car wash.

That's what I would like to think - the damage to my car clearly shows that during my cycle they're was a fault, and regardless of what any maintenance previously, or reports afterwards (which they are apparently doing today) shows - my car was badly damaged beyond what would be reasonable.

I am going to get a letter put together later on today, Shell have actually emailed me today (in reply to my email after the incident) saying that whilst it does not involve them that I should write a letter, with photos and get quotes and the retailers insurers will get back to me. Which made me feel a little better, I assume if they know the retailers have no responsibility they would of noted this in the email?

jacobsdaduk

DJS1988 wrote: »

That's what I would like to think - the damage to my car clearly shows that during my cycle they're was a fault, and regardless of what any maintenance previously, or reports afterwards (which they are apparently doing today) shows - my car was badly damaged beyond what would be reasonable.

I am going to get a letter put together later on today, Shell have actually emailed me today (in reply to my email after the incident) saying that whilst it does not involve them that I should write a letter, with photos and get quotes and the retailers insurers will get back to me. Which made me feel a little better, I assume if they know the retailers have no responsibility they would of noted this in the email?

Don't forget to let us know when they write and tell you they're not paying! :rotfl:

Crabman

jacobsdaduk wrote: »

To make a claim against the company that own the garage, you would have to prove they were negligent. If they can produce documentation to show that the machine was serviced or inspected regularly, they won't pay.

Write a letter to the franchise holder (garage owner) and ask them to provide you with written confirmation of when it was last checked. I had a similar problem two years ago - the machine was inspected 2 weeks before. I got nothing and wasn't willing to risk Small Claims Court.

Whilst proving negligence shouldn't be too difficult here, it's usually much easier to focus on breach of duty of care or even statutory rights (i.e. product/service faulty/not fit for purpose > caused damage > entitled to compensation).

Also many insurers will intentionally say no to see whether you're willing to go to court (it's not difficult). Often as soon as you file a particularised claim they will offer settlement. May not be a moral way to act but it's effective at stemming their losses from risky stockmarket investments.

DJS1988

Just an update - I called this morning and spoke to the site manager, who has told me that all the details have been faxed to their insurer, who will be in touch with me.

I had a bit of a moan as no-one from there has had the courtesy to call me, but am I right to think that hopefully they are going to pay out here? As the site manager has not tried to worm out and say they are responsible? Or would that be for their insurers to say?

DJS1988

Just had the repair quote done - £2593! Needs a whole new roof panel as the damage is too bad to just repair.

I think the sheer cost of this is going to cause me problems with the garage, had it been a few hundred they may of done it for an easy life? Not so sure about this much money!

neilmcl

DJS1988 wrote: »

Just had the repair quote done - £2593! Needs a whole new roof panel as the damage is too bad to just repair.

I think the sheer cost of this is going to cause me problems with the garage, had it been a few hundred they may of done it for an easy life? Not so sure about this much money!

TBH, once their insurers get involved it'll be out of the hands of the garage, I'll doubt they'll even get to hear of the final settlement details. If they accept liabilty, and we assume they are, then it doesn't matter whether its £5 or £5,000 they'll still have to pay. The insurer's may ask you to get a couple of quotes for comparison.

rev_henry

DJS1988 wrote: »

Just had the repair quote done - £2593! Needs a whole new roof panel as the damage is too bad to just repair.

I think the sheer cost of this is going to cause me problems with the garage, had it been a few hundred they may of done it for an easy life? Not so sure about this much money!

If there were just settling in cash this may have been the case but not really now the insurers are involved. Glad to see your case isn't going too badly thus far, touch wood!

Is it still driveable? If not you could ask for a courtesy car once you hear from the insurers.

pault123

when you notice bird poo, wait till you get home and take out a small container of warm water and clean with a spare dish wash sponge (soft side)

car washes cause so many tiny scracthes and swirls its just not worth it.