My question involves a consumer law issue in the State of: Texas
Car came out of carwash Friday 5pm and carwash had broken off my driver's side, hanging 2 feet down the side of my car by wires. Told the cashier 'they broke my mirror" and she says she has two managers looking at it now. I never did meet this 2nd Manager, if there actually was a 2nd. Look out 1-2 minutes later and on-site Manager has a socket wrench in his hand trying to paste the mirror back on. Went out told him to stop, he's not going to fix the mirror. He ignores me so I tell him again 'get away from my car, don't touch it". He tells me 'anyone one can fix it'. Then on-site Manager's first questions to me was "How old is this car? How long have you had it?". Says he thinks the mirror was 'glued on' so my fault. Says my car is old so my fault because they wash millions of cars and none of them have ever been "damaged like mine".
Called Police who talks to me, talks to the on-site Manger and says this is a civil matter and he can help resolve but can not force the carwarsh Manager or Owner to do anything. Gave me a card with an Incident # on it. Police did ask the Manger if they have a Damage Policy and is it posted and Manager hummed-n-hawed "not sure, he could find out". Asked Manager if there are pamphlets of Damage Policy that are given to customers and Manager again hummed-n-hawed "think they are somewhere".
I told Manager to call Ford Dealership 2-3 blocks away and get quote to fix. Carwash guy came back with a parts quote of $64.56. I called Dealership and spoke with Repair shop who quoted me 1 hour labor @ $132.88 and he later sent me an email of this quote. Told Manager to authorize payment of both and I would take my car to the Dealership when the part came in Sat morning. He refused, saying he can't do that. Told him to write on the part quote that they would pay for both and sign it. He wrote "I gona pay for the part and instalment this is my phone number 469-212-xxxx" and he signed it.
Police suggested I go ahead and file out the Carwash's Incident Report so I did and basically said 'my car has never been damaged, you broke my driver's side mirror off, you need to pay to replace/install a new one, and it's irrelevant if on-site Manager 'thinks' mirror is glued-on'. Told them to call the Owner and said they couldn't and could not give me his number. Said I have to send the Owner an email thru the Carwash website. They taped the mirror to my car, I left carwash about 6:30pm, and I sent Owner email when I got home.
Received email from Owner Sat morning saying he wants to inspect my car and to come back over to the carwash. I drove back over and told him they broke my mirror and they need to pay to replace. Owner asked how old is my car. Told him that's irrelevant. Asked who his Insurance was and he told me "that's none of your business". First said he had Insurance then told me he was self-insured. Said he wouldn't do that. He wanted to un-tape the mirror and inspect it. Told him he could not touch my car but that his Insurance Adjuster could come and inspect. He refused.
Gave me the same story they wash millions of cars, he owns multiple carwashes, and this never happened and it's my fault. Said the only way he will fix my car is if I go to the Dealership, pay all costs, come back and put my car thru his carwash again, and if the mirror breaks off again he will reimburse me the cost. I told him I'm not try and re-break my car to prove he broke my car!!! Then he started the personal attacks. That I brought in an old car knowing the mirror had been glued on and now what him to pay for it and that he's used to dealing with people "like me". Then he threatened me saying "you don't know who I am" and "I'm not going to do a thing, go ahead, take me to small claims court".
My Insurance won't cover as I carry Liability only since I don't really drive anymore. So I've been calling City and County Clerks Offices to get his Insurance info. He's set as an LLC and he's listed as Owner. So how do I get his Insurance information. Or do I forget about who his Insurance is and just file into Small Claims Court. My concern with Small Claims is that is I have cardiac and mobility issues and I can not hike around a Courthouse.
NOTE: my car is a 2006 Ford Focus, I bought new, am disabled so rarely drive anymore, never been damaged until this Carwash episode, 83k miles with only about 2,000 miles since July 25th, 2018, and intend to drive it till the wheels fall off, not going to pay $18k for a car only to sit in my driveway 28 days each month.
Thanks in advance!! Hoping someone on here can help.