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08-28-2007, 03:13 PM
| | Junior Member | | Join Date: Aug 2007
Posts: 1
| | | Car Wash damage
What is the name of your state? GA
I drove my truck thru a soft-touch car wash. It came out with 2 scratches on it. One BIG. The corporation that owns the car wash has agreed to repair the car based on the estimate I sent them. They sent me a Release of Liability stating the # amt. However, they are stating that they can only make the check out to the body shop. They don't have any exceptions to that unless I send them GA law. I told them I wanted the check made out to me, the truck is paid for and in my name only. The damage was to MY vehicle, not anything to do with the body shop repairing it. Is there a law or requirement in GA that states They have to make it out to me if I release them?
Last edited by Sherry3211; 08-28-2007 at 03:13 PM.
Reason: The corporation is located in NC
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08-28-2007, 03:25 PM
| | Senior Member | | Join Date: Apr 2004 Location: Bay Area, CA
Posts: 10,190
| | | [quote=Sherry3211;1703664]What is the name of your state? GA
I drove my truck thru a soft-touch car wash. It came out with 2 scratches on it. One BIG. The corporation that owns the car wash has agreed to repair the car based on the estimate I sent them. They sent me a Release of Liability stating the # amt. However, they are stating that they can only make the check out to the body shop. They don't have any exceptions to that unless I send them GA law. I told them I wanted the check made out to me, the truck is paid for and in my name only. The damage was to MY vehicle, not anything to do with the body shop repairing it. Is there a law or requirement in GA that states They have to make it out to me if I release them?
They have no obligation to send the check to you. You want it fixed, they will pay to have it fixed.
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In fact, you are so astonishingly correct in this matter, it will not surprise us one bit if you are offered a generous settlement, because, by golly, that’s just how it should be.
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08-28-2007, 03:31 PM
| | Senior Member | | Join Date: Nov 2005 Location: South Cackalacky
Posts: 15,040
| | | Yep. What's stopping you from pulling a scam on another car wash using the existing damages?
They want to return your vehicle to its pre-car wash condition.
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08-28-2007, 04:11 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,655
| | | Shay and Mo - I'm disappointed.
Of course the OP is entitled to receive the money directly, as opposed to having it paid to a body shop. In OP's case, however, the settlement offer has conditions which the OP will either have to accept, or reject. If he rejects the condition, then he will likely have to sue in the appropriate court to recover his money.
In any case, OP is well within his rights to ask for the money directly (ie: to be made whole).
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08-28-2007, 07:08 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,775
| | | If you send them a copy of your title showing no leins, will they send the payment to you? If not, then you'll have to take the shop (NOT THE INSURANCE COMPANY) to court. |
08-28-2007, 07:36 PM
| | Senior Member | | Join Date: Nov 2005 Location: I don't know. The guys with the keys won't say. I think it's top secret info.
Posts: 10,165
| | | along with Zig here.
The OP has no requirement to even get the car fixed. They are due the value of the damage. They are not due the repair. It is up to the OP to get it repaired if they wish.
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08-28-2007, 08:55 PM
| | Senior Member | | Join Date: Dec 2001 Location: NC
Posts: 1,189
| | | I am not seeing where there were any signs about the owner not being responsible for accidents.
However I also take responsiblity of myself when using a car wash. Enter at my own risk. |
08-28-2007, 09:54 PM
| | Senior Member | | Join Date: Jul 2007
Posts: 1,270
| | | I think the problem here is for the OP to prove the scratches happened while in the wash. The car wash is offering to pay to have it fixed with no proof as a gesture of good will. They are considering the occasional scratch as a cost of doing business. They may be willing to fix the scratch, but not enrich the truck owner. I can totally see their point! |
08-28-2007, 10:26 PM
| | Senior Member | | Join Date: Nov 2005 Location: I don't know. The guys with the keys won't say. I think it's top secret info.
Posts: 10,165
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Originally Posted by JustAPal00  I think the problem here is for the OP to prove the scratches happened while in the wash. The car wash is offering to pay to have it fixed with no proof as a gesture of good will. They are considering the occasional scratch as a cost of doing business. They may be willing to fix the scratch, but not enrich the truck owner. I can totally see their point! | they aren't enriching the owner, they are making him "whole".
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08-28-2007, 11:05 PM
| | Member | | Join Date: Apr 2007
Posts: 245
| | Quote:
Originally Posted by justalayman they aren't enriching the owner, they are making him "whole". | The car wash could just as easily deny liability and ask the OP to prove that the car wash damaged the car. Thats not exactly an easy thing to prove and he could be out of luck.
It probably isnt worth it to the car wash to waste time going to small claims court every time someone honestly wants the car fixed, so in good faith the car wash is willing to fix the car. I can see and understand the car wash deciding to dig in, go to court, and demand proof of liability from people who just want money.
Last edited by alnorth; 08-28-2007 at 11:07 PM.
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08-28-2007, 11:18 PM
| | Senior Member | | Join Date: Jul 2007
Posts: 1,270
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Originally Posted by alnorth The car wash could just as easily deny liability and ask the OP to prove that the car wash damaged the car. Thats not exactly an easy thing to prove and he could be out of luck.
It probably isnt worth it to the car wash to waste time going to small claims court every time someone honestly wants the car fixed, so in good faith the car wash is willing to fix the car. I can see and understand the car wash deciding to dig in, go to court, and demand proof of liability from people who just want money. | Exactly!! My point was that they're willing to take the OP's word that the damage happened in their car wash, and pay the repair bill! I think it's a very generous offer! If the OP can PROVE the damage happened while the truck was being washed, then they have every right to have the check made out to them, otherwise I would be very thankful that the car wash is willing to pay at all! |
08-28-2007, 11:19 PM
| | Senior Member | | Join Date: Nov 2005 Location: I don't know. The guys with the keys won't say. I think it's top secret info.
Posts: 10,165
| | | We are getting off track here but OP states that if he could show statute, they would pay to him. Of course he won;t find anything of the sort because it is not something that is defined by statute.
Of course an offer to settle is not proof of liability so they could rescind the offer if OP does not play ball with them.
BUT still, either way they are willingly offering to pay. I simply cannot see why they would want to do what they are offering. If they wanted to fight the damages, they would seemingly just do it now.
What diff would it make if they paid a body shop or they paid the OP?
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08-28-2007, 11:27 PM
| | Member | | Join Date: Apr 2007
Posts: 245
| | Quote:
Originally Posted by justalayman What diff would it make if they paid a body shop or they paid the OP? | The car wash owner is probably envisioning someone with a dinged-up car going to 5 or 6 car washes and demanding money from each one. A desire to get it fixed rather than be paid is probably comforting evidence to the car wash owner that this is legit. |
08-28-2007, 11:33 PM
| | Senior Member | | Join Date: Jul 2007
Posts: 1,270
| | Quote:
Originally Posted by justalayman We are getting off track here but OP states that if he could show statute, they would pay to him. Of course he won;t find anything of the sort because it is not something that is defined by statute.
Of course an offer to settle is not proof of liability so they could rescind the offer if OP does not play ball with them.
BUT still, either way they are willingly offering to pay. I simply cannot see why they would want to do what they are offering. If they wanted to fight the damages, they would seemingly just do it now.
What diff would it make if they paid a body shop or they paid the OP? | The principal of it! They're willing to repair the damage that the OP is saying they did! They are not willing to give the OP a check for him to line his pocket with! If they do write him a check, I'd like to know where the car wash is so I can get my old car washed there! | |
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