Carwash damage

[rthruska]

What is the name of your state (only U.S. law)? Texas

So I decided to take my car through a crappy carwash with the track that pulls you through. The track ended up putting large scratches on my left front rim and the manager told me that he could only offer free car washes. Why would I want more car washes to further damage my car? He refused to pay any part of it and refused to give me the owner's information or to take down my information to give to the owner. I'm not sure what to do now besides sending certified mail directed towards the owner and then maybe small claims? Any advice would be great.

 

[justalayman]

the ownership or control of most business is ascertainable from records at whatever government agency issues licenses or permits.

property ownership is generally ascertainable from county clerk or whatever records office hold the deeds to the county.

 

[Zigner]

Where there signs saying (basically) "Use at your own risk?"

Was the machine defective, or do you have aftermarket rims?

 

[rthruska]

I guess I can break out my skills of being a landman and go searching for deeds, for some reason I didn't even think of that maybe because I hated that job.

My rims are not aftermarket. I have stock rims on a 2006 350Z. I'm not sure what their signs said and I really hope that wouldn't matter. It seems like it would be too easy for them to install some sort of bumper on the rails so that it wasn't metal on metal. I think that I might call the business tomorrow and ask if I can take pictures of the equipment, the guy wasn't too nice though so I'm sure I will be denied access.

I have also reported this to the Better Business Bureau in my area. I'm not sure what that can do but I thought I would try it.

 

[Zigner]

If the machine was not malfunctioning, then the signs would matter. You accepted the risk.

If you could prove that there was a malfunction, then you're in a better position.

 

[rthruska]

In my mind, if the machine can scratch a car then it is malfunctioning. Also when I was complaining I overhead one of the employees saying "there is a problem with the track" and they both left to go look at it for a little while. I wish I had that recorded.

 

[Zigner]

In my mind, if the machine can scratch a car then it is malfunctioning. Also when I was complaining I overhead one of the employees saying "there is a problem with the track" and they both left to go look at it for a little while. I wish I had that recorded.

And, in my mind, if the steering wheel is turned while in the track, it would be possible to scratch the rims...

 

[rthruska]

Yeah, I guess our minds think a little differently then. If I ran the business I would make the effort to protect my customers from being able to easily damage their cars. I guess that's why I went into medicine and not law or business.

A little rubber on the inside of the track would go a long way, but I guess "in your mind" that isn't important.

 

[Zigner]

Yeah, I guess our minds think a little differently then. If I ran the business I would make the effort to protect my customers from being able to easily damage their cars. I guess that's why I went into medicine and not law or business.

A little rubber on the inside of the track would go a long way, but I guess "in your mind" that isn't important.

A bit hostile there, aren't you?

Look, the point I am making is that you will need to show the machine was defective in some way. That defect may in fact be that the wheels aren't properly protected.

 

[justalayman]

I disagree with zig on this one. A machine is designed to perform a task. A car wash machine is designed to not damage wheels. Putting a sign up warning the public they enter at their own risk does not remove the liability of the operator if a car is damaged. A properly operating machine will not damage the rims of a car.

Now, if there was a sign that said

this machine has been known to damage the rims of Nissan 350 Z's

and you still entered, then, you have assumed the risk. A general release of liability is not going to get them off the hook.

 

[Zigner]

I disagree with zig on this one. A machine is designed to perform a task. A car wash machine is designed to not damage wheels. Putting a sign up warning the public they enter at their own risk does not remove the liability of the operator if a car is damaged. A properly operating machine will not damage the rims of a car.

Now, if there was a sign that said

this machine has been known to damage the rims of Nissan 350 Z's

and you still entered, then, you have assumed the risk. A general release of liability is not going to get them off the hook.

I understand where you are going, HOWEVER, signage can absolve the company of liability on an automated car wash machine. I do stand by my statement that our OP has to show that the machine malfunctioned in some way.

 

[justalayman]

I understand where you are going, HOWEVER, signage can absolve the company of liability on an automated car wash machine. I do stand by my statement that our OP has to show that the machine malfunctioned in some way.

a simple statement from the manufacturer stating that a properly operating machine is designed to cause no damage to a vehicle is very easily acquired.

Once that is in hand, it is a slam dunk.

 

[Zigner]

a simple statement from the manufacturer stating that a properly operating machine is designed to cause no damage to a vehicle is very easily acquired.

Once that is in hand, it is a slam dunk.

Again, if the OP did something contrary to the instructions, OP will lose.

 

[justalayman]

Again, if the OP did something contrary to the instructions, OP will lose.

but with that, it becomes the operators responsibility to prove the OP did something rather than simply claiming "look at the sign, I'm not liable"

 

[rthruska]

Zigner, I'm only slightly hostile because you reused my words when you commented back, that's not the nicest way to respond. But i'll forgive you because you are on here trying to help. I'm glad I have someone on my side...

I just don't see how you can say the machine was functioning correctly when it damaged my car. Also when he offered the free car washes he said that he would take my car through to make sure it didn't happen again and said that the people that did it the first time weren't experts. He also responded by claiming if his machine did it, the damage would have been on all of the rims..I guess he knows the pattern of damage? Lastly, he told me he wasn't liable for the damage because there was a previous scratch on the rim that wasn't caused by his machine, the other scratch was small and in a completely different area. basically he was full of bs.

So I guess my certified letter is the next step and looking up the owners information at the county clerk?