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  1. #1
    Join Date
    Jul 2007
    Posts
    9

    Default Car Wash Damaged My Car

    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.

  2. #2
    Join Date
    Oct 2016
    Posts
    3,297

    Default Re: Carwash Damaged My Car

    Sue them in small claims court. No guarantee of a win.

  3. #3
    Join Date
    May 2014
    Posts
    207

    Default Re: Carwash Damaged My Car

    Also, put yourself on in the owner's shoes - thousands of cars washed, one breaks - what's up with that? Maybe the age of the car does have something to do with it. Maybe screws rusted out? You wouldn't even let him remove tape to inspect it - why not? I would be suspicious of you as well.

  4. #4
    Join Date
    Mar 2013
    Posts
    17,218

    Default Re: Carwash Damaged My Car

    The owner has no obligation to tell you his insurance. It's not public record so you're wasting your time there.

    Small claims is your answer.

    I suggest you photograph the damage, get it repaired, pay for the repairs, keep the old part as evidence, and sue in small claims court.

  5. #5
    Join Date
    Jul 2007
    Posts
    9

    Default Re: Carwash Damaged My Car

    Guybrush,--- the Owner refused my request. The on-site manager did inspect and then decided he it was glued and that he could fix. The owner wanted to inspect and I told him no, his adjuster could inspect. I see no point in letting the 2 people who have already decided it was my fault because my car is older, that the mirror was glued, and since they wash other cars it has to be my fault that my car broke. Really think their 'inspection' would result in anything other than them declaring again it's my fault?

    Thing is with a little digging found that damaging my car is not the first, and his standard excuse is customer's fault, "We wash thousands of cars, many with the same xxxxx as yours, daily without issue."

    Long list of others whose car have been damaged and been told "your fault"
    1) This is my 3rd visit. Never gona come back, the lady who did my interior literally broke my window shade while cleaning window.
    2) Brought my 2018 Shelby they scratched the shit out of it. Tried to say that I did it but I never wash my car. Car had 0 scratches on it now scratches everywhere and manager said they were already there. On my new car!
    3) On my second visit the blower near the exit blew out my sunroof but the owner refuses to discuss it.
    4) Went through the car wash today and left today with a split crack half way through the middle of my windshield and when I told the manager that I was told that I’m responsible.
    5) They broke off a piece of my car during an interior detail. When i brought it to their attention of the manager he brought out A ROLL OF TAPE TO TAPE IT BACK ON TO MY CAR! when I refused the tape he refused to discuss and gave the worst customer service.

    And the real kicker........... 6) I took my car yesterday for a wash and inside their tunnel the fin antenna came off, the 6 screws that hold the piece down were broken. Their manager Sergio told me that they couldn't take any liability because the video show that it was ripped away by the dryer blower and no equipment was making contact to the car.

    AdjusterJack --- Yes, thank you. Decided to take this route after reading customer feedback on how often cars are damaged, their standard response of '"We wash thousands of cars, many with the same xxxxx as yours, daily without issue" but especially because he threatened me with "you don't know who I am"

  6. #6
    Join Date
    Feb 2014
    Location
    RTR/WDE
    Posts
    1,705

    Default Re: Carwash Damaged My Car

    I have yet to drive through any carwash that did not have a sign about using at your own risk and if your car breaks/is damaged, it's on you.
    Don't make me quote Monty Python at you.

  7. #7
    Join Date
    Jul 2007
    Posts
    9

    Default Re: Carwash Damaged My Car

    BooRennie, this place is the exception. No signs. No customer hand-outs. Police specifically asked the Manager if they have a Damage Policy and is it posted and Manager hummed-n-hawed "not sure, he could find out". Then asked Manager if there are pamphlets of Damage Policy that are given to customers and Manager again hummed-n-hawed "think they are somewhere".

    Based on internet reviews my car is not the first and surely won't be the last car damaged at this carwash but suspect all will get the same excuse I was given......"We wash more than a million cars a year at our stores"...blah, blah, blah.

  8. #8
    Join Date
    Jan 2006
    Posts
    38,734

    Default Re: Carwash Damaged My Car

    You have so many problems with this car wash yet you keep taking your cars to this car wash. This all sounds a bit like you’re a masochist and secretly enjoy them damaging your vehicles.

    2006 focus: mirror ripped off

    2018 Mustang: severely scratched paint

    ???? : damaged sunroof

    ?????: damaged fin antenna

    ?????: broken windshield

    ?????: damaged interior part


    is there a reason you keep going to this car wash?

    Btw: disclaimers don’t relieve them of all liability for damages. They can’t get out of liability for their defective equipment or their improperly adjusted equipment. They also cannot use a blanket disclaimer to relieve them of all liability. They are offering a service. A customer has a right to rely on their equipment is adequate for the purposes advertised.

    They can usually disclaim liability for specific issues. An example would be their equipment is known to rip off typical rod style antenna. If they post a disclaimer for that, they can typically escape liability for damages to rod style antenna.

  9. #9
    Join Date
    May 2014
    Posts
    207

    Default Re: Carwash Damaged My Car

    [QUOTE=olucy;1115741]Guybrush,--- the Owner refused my request. The on-site manager did inspect and then decided he it was glued and that he could fix. The owner wanted to inspect and I told him no, his adjuster could inspect.<- why would he have any adjuster look at it? He hasn't had a chance to look at it himself yet. Why would you refuse him the opportunity to look at it? If you told me I couldn't look at the evidence, I would walk away from you as well. Why discuss things when one party id being difficult (you)

    Tell me, do parts of cars ever get weaker over time? For instance, do the screws and bolts ever rust? Or the adhesive or glue ever wear out? Or do cars last forever?

    How many times have you used this car wash? Has your car ever successfully gone through this car wash or any?

  10. #10
    Join Date
    Apr 2006
    Location
    NW of KSTL
    Posts
    2,554

    Default Re: Carwash Damaged My Car

    Why on earth would you take a new Shelby to a place that has a "history" of damaging your vehicles?

    Why on earth would you trust a tunnel wash to properly clean a sweet hotrod like your Shelby?

    Why on earth do you seem to be a glutton for punishment?

    Why on earth would they not see you coming and prohibit you from their facility due to the "history" you have with 'em?


    Inquiring minds wanna know.......




    Quote Quoting olucy
    View Post

    ...That I brought in an old car...

    My Insurance won't cover as I carry Liability only....

    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.
    WOW!!! A 2006 Ford Focus Shelby! That you paid $18K for? Thirteen years ago? And which is it; it sits all the time, or you're gonna drive it til the wheels fall off? And the sunroof blows out? You make no claim of interior damage after the 'roof blew?

    Two plus two is falling a few tenths shy of four with what you're portraying as facts.

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