Car damaged in collision whilst at Waves Car Wash

eventhestarsdie

MyRealNameToo said:

BEBELUCA2017 said:

MyRealNameToo said:

Mildly_Miffed said:

Do not tell your insurer. You weren't involved, nor was anybody covered by your policy. This is not their problem - but it could easily become a big one for you.

The carwash owner/operator need to fix your car. Stating a maximum amount to their liability is very fluffy, but carries zero legal weight. Whether the cause of the damage was their driver or the other driver is also not your problem.

If they do not, then it's up to you to get the car fixed and launch a small claim against them.

Why do you think stating maximum liability carries no weight? There are certain things you can't cap, like liability for causing a death, but it is possible to cap most liabilities under a contract. 

Under these circumstances the OP is relying on tort not contract law. The carwash owed him a duty of care, they breached that duty by crashing his car and now need to recompense him. They cannot limit their finance liability in tort. 

We dont know that... the driver that failed to stop may be to blame for the accident

Based on how quickly the driver accelerated out of the parking space and (presumably) into the other vehicle, at this stage it seems most likely me to that it was the driver in my car to blame as they were 'rejoining' the road from the parking space. I would have thought that anyone making that manoeuvre on a regular basis during their working day would/should be very well used to checking that the path was clear before committing to the move.

If I manage to get hold of the full CCTV then it may be clearer as to what actually happened. 

MyRealNameToo

eventhestarsdie said:

MyRealNameToo said:

BEBELUCA2017 said:

MyRealNameToo said:

Mildly_Miffed said:

Do not tell your insurer. You weren't involved, nor was anybody covered by your policy. This is not their problem - but it could easily become a big one for you.

The carwash owner/operator need to fix your car. Stating a maximum amount to their liability is very fluffy, but carries zero legal weight. Whether the cause of the damage was their driver or the other driver is also not your problem.

If they do not, then it's up to you to get the car fixed and launch a small claim against them.

Why do you think stating maximum liability carries no weight? There are certain things you can't cap, like liability for causing a death, but it is possible to cap most liabilities under a contract. 

Under these circumstances the OP is relying on tort not contract law. The carwash owed him a duty of care, they breached that duty by crashing his car and now need to recompense him. They cannot limit their finance liability in tort. 

We dont know that... the driver that failed to stop may be to blame for the accident

Based on how quickly the driver accelerated out of the parking space and (presumably) into the other vehicle, at this stage it seems most likely me to that it was the driver in my car to blame as they were 'rejoining' the road from the parking space. I would have thought that anyone making that manoeuvre on a regular basis during their working day would/should be very well used to checking that the path was clear before committing to the move.

If I manage to get hold of the full CCTV then it may be clearer as to what actually happened. 

The fact they were reversing at the time alone means they will almost certainly be at least partially to blame and probably fully. Unfortunately these details were only shared after the statement you are quoting.