Automatic Car Wash Damage

Mr__Roberts

I recently used my local Sainsburys automatic car wash when the front brush got caught under my bonnet trying to lift my car by the front of my car causing over £1000 worth of damage. I reported it to the store manager right away and filled in the claim form with the manager advising there was no need to contact my own insurance as there was no liability to me and their own insurance would take care of it. Fast forward 3 weeks and I get a letter stating they are not liable as they have a disclaimer board on entry into the car wash. Has anyone had similar issues and appealed, what was the outcome. In the meantime I strongly recommend you do not take the new shape Mazda CX5 through an automatic car wash.  

foxy-stoat

If you can prove negligence then all the disclaimers on the planet wont help them when/if it goes to court.

So if you can prove they were negligent in providing the car wash service to you then go down the small claims route, if not then use your car insurance.

neilmcl

foxy-stoat said:

If you can prove negligence then all the disclaimers on the planet wont help them when/if it goes to court.

So if you can prove they were negligent in providing the car wash service to you then go down the small claims route, if not then use your car insurance.

Which would be almost impossible as he'd have to prove that the machinery was someway faulty and hadn't been maintained regularly. I'd agree, he's probably best looking toward his insurance for this.

m0bov

I have a CX-5. There is no way the brushes can "get under" the bonnet, the edge of the bonnet is set a few inches back from the grill trim, and is flush. Can you post up some pics?
For the record, I would never and have never used an auto car wash, the mere  site of plastic brushes makes me cringe. It have a look at the rest of your paint work, most likely swirls and marred.

Mr__Roberts

The new version has a kind of front spoiler that projects over the front of the car. My car did not appreciate trying to be lifted off the ground by this bit of plastic. What you can't see is the fixings underneath were ripped out and the scratches along the bonnet, the spoiler was jammed under the bonnet and into the bonnet catch The front edge of the bonnet paint scraped off. 

molerat

2 choices.  Go through your own insurance or issue a letter before action to the car wash operator.  There must have been something wrong with the set up of the brushes to apply enough force to lift that panel.

foxy-stoat

Mr__Roberts said:

The new version has a kind of front spoiler that projects over the front of the car. My car did not appreciate trying to be lifted off the ground by this bit of plastic. What you can't see is the fixings underneath were ripped out and the scratches along the bonnet, the spoiler was jammed under the bonnet and into the bonnet catch The front edge of the bonnet paint scraped off. 

Holy moly, that isn't good.  Hard to gauge if their was negligence but wish you all the luck.  

Unfortunately you have had a "loss" now regardless of getting it repaired at nil cost.  If the garage are taking the stance of not our problem then let the insurance company deal with it, not something I would want to get repaired by anyone other than a main dealer if its brand new.  Is it on PCP?

Mr__Roberts

Sounds like it is going to have to go through my insurance and pay the excess. Thanks for the prompt comments  

foxy-stoat

https://www.youtube.com/watch?v=UHFwkFTKtMw

Eye opening....

photome

hope you get it sorted, but i am another who would never put my own car through a car wash or take it to one of side of the road hand car wash people

George_Michael

Mr__Roberts said:

Fast forward 3 weeks and I get a letter stating they are not liable as they have a disclaimer board on entry into the car wash.

Where did you pay for the wash?
If it was in the garage itself and there was no disclaimer visible there then the one on the board by the car wash itself is probably worthless for one simple reason.
By the time you get the chance to read it you have already paid your money and the contract has been entered into and by only showing the disclaimer at the entrance, they are attempting to enforce contractual conditions that you were not made aware of or agreed to before paying.