car damaged at a car wash | GTAMotorcycle.com

car damaged at a car wash

streeetfighter

streeetfighter

Active member
Hi guys, I've recently taken my car with a roof rack to a Shell gas station car wash. As usually i asked for a brush-less wash because of the rack on the top of my car. The car wash operator put the wash in brush mode by mistake. The brush peeled off the rack from the car damaging right roof panel and denting a trunk. The manager showed up right after saying that they take no responsibility for damages occurred during the wash. I estimate the cost of repair for 400-800$. Do i have any chances of getting some money from Shell?
 
only way to find out is to do it. Their staff made a mistake, they should be responsible. Make noise till it's taken care of....or call up one of the news consumer reporters.
 
They all have a very clear warning that they are not responsible for damages, you will probably end up paying this all yourself.
 
They do have a liability policy before you enter the car wash, it is about 20 lines, u have about 5 seconds to read it before u get pulled by a car wash inside. Practically impossible to read it all.
 
No disclaimer can provide protection from liability due to negligence. The hard part is proving that you requested a brushless wash, when there will be two people there to say that you didn't.
 
Thx guys, i had a feeling i will have to pay for it from my pocket as my only argument was my word against operator's. Too bad u can run a business without legal responsibility for your service. I provide services for people too and i don't think i could get away with 500$ property damage.
 
If you can't negotiate a settlement your only option is small claims court. As RM points out there is some degree of responsibility regardless of signage. The outcome depends on whether the judge sees the damage as negligence by the attendant or not.

Start documentation now, names, times, who said what, pictures etc.

BTW it may look like a "Shell" car wash but it may be operated by a licensee.
 
streeetfighter said:
Thx guys, i had a feeling i will have to pay for it from my pocket as my only argument was my word against operator's. Too bad u can run a business without legal responsibility for your service. I provide services for people too and i don't think i could get away with 500$ property damage.
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Clumsy assed people trip on side walks all the time and try to sue whatever the nearest franchise is for not clearing ice. It works both ways.
 
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Today I learned: I will continue to be a chump and lineup at the handful of strictly touch-less washes and eliminate the min-wage mouth-breather that operates the touch or touchless combination washes.

I think it's that time of the year when we can all start to hate on winter a little bit.
 
Take them to small claims court. Nothing to lose but a little time and a registration fee.
 
Rob MacLennan said:
And absolutely nothing to gain, unless you have a viable case.
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If you genuinely feel you were wronged, take it up with the head office, start complaining on social media. No faster way to get a company to cave in this day and age.
 
Two50noob said:
This this this..allot of people think that you sign a waiver and you forgo your legal rights not true.
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I don't know how to multi quote, so this is for Rob as well (and no offense to the op), but I have gone through the car wash many times with my antenna attached, luggage rack on, bug deflector, window shades etc. Even the touchless washes have a disclaimer when you have accessories on. How is this disclaimer not valid? Or is this because of the attendant being negligent?
 
Joe Bass said:
I don't know how to multi quote, so this is for Rob as well (and no offense to the op), but I have gone through the car wash many times with my antenna attached, luggage rack on, bug deflector, window shades etc. Even the touchless washes have a disclaimer when you have accessories on. How is this disclaimer not valid? Or is this because of the attendant being negligent?
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It seems rather simple to me. The attendant was asked to use the touchless setting. He failed to. Damage occurred, presumably when the rags or brushes pulled the rack in question off the car. That would indicate that the damage was caused by the attendant negligently failing to do as requested. They could claim that damage would have occurred in either case but if the incident occurred as I've outlined, then it would be a tough row to how.

... all dependant upon being able to show that (a) the attendant was asked to set for touchless wash and (b) it could be shown that the damage occurred do to contact with the equipment the attendant was requested not to use.

*NOTE* You multi-quote by clicking on the " "+ in the bottom right of each individual post, then using the "reply to thread" button at the bottom of the page.
 
I have at least a couple friends who's wide rims have been damaged in car washes. They've had those covered.

One guy had his rims damaged and the car wash people said it was a freak accident and could never recur. They fixed a broken part on the car wash that caused the damage. They fixed his rims. He was pressed for time one day a month or two later and needed his car washed. He went back to the same wash and SHOCKINGLY, the same thing happened. They fixed them again. They told him not to return with those wheels again.
 
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