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Car wash insurance claim

Not a happy girl a few weeks ago I used a local car wash and one of the 6 foot brushes fell off and hit my car luckily I was ok and just scratches on car. I had to give them two quotes which I have done but they never got back to me so I involved my insurance company. Have finally been contacted by car wash insurance company to be told they have to investigate if they are liable as it may be just an accident and if it is then they will not pay for my repairs. I'm fully comp but will have to pay £250 as normal excess. Is this right as it's their fault that the machine fell apart on my car. Any insight would be gratefully recieved.

Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    They are rightly saying they won't pay if they weren't negligent.

    But sounds as if they are trying it on. Pass the letter on to your insurer to deal with.

    Keep on at the third party for your excess back, as if you suceed, then you can expect your NCD to be reinstated too (of not protected).
  • ladycatnap
    ladycatnap Posts: 53 Forumite
    Thanks Quentin

    I just don't get how they can't be negligent when the 6ft roller fell off and hit my car!!!
  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    In theory it may not be them that is liable, it could be the machine manufacturer, retailer or installers

    To prove someone is negligent you have to prove they did something an average reasonable person wouldn't do or failed to do something the average reasonable person would do. Simply because something happened doesnt mean that someone else is automatically to blame.

    If you have legal expenses cover on your insurance then your insurers should be dealing with recovering your excess (or appointing a solicitor to)
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