C
carwash victim
Guest
On Saturday March 25th, I took my car to a local carwash. The employee of the carwash who was driving the jeep in front of me, backed up into my bumper. This put a large noticable hole in my bumper. Of course, considering my car wasn't even a year old yet and didn't have a scratch, this was very obvious to the naked eye. To put it mildly, the carwash has been more than a little uncooperative.
First of all the manager on duty accused me of lying. He told me to my face that I was trying to scam him. He lined the two vehicles up and said it wasn't a match. Then to prove his point, he slammed my car into the back of the jeep. Of course, the trailer hitch on the back of the jeep fit perfectly into the hole in my bumper. Then he started measuring it with a pen and other weird objects. Finally, he questioned every single employee there. Even after he got five employees to admit that the damage was done by the carwash, he still accused me of trying to scam him.
It was only after I called 911, and had a police officer come to the carwash, that he admitted fault. The police officer informed me that this was a civil issue and there was nothing he could do. He then refused to make out an accident report, claiming that since everyone was denying responsibility that he didn't know who to put as the "at-fault" driver.
So after I yelled for about an hour, the manager finally gave me a handwritten letter claiming that the carwash was indeed at fault. He said that he would have the owner contact me Monday morning. So I gave him my name and phone number, which was unfortunately my out-of-state cell phone number. I had just moved and didn't any local numbers yet. They refused to call me long distance. So I was forced to initiate all contact with them.
I was finally able to speak to the owner on Wednesday when I drove to the carwash. They called him on his mobile and then put me on the phone. He was just as rude as the employees and accused me of trying to make this a bigger issue than it was. (Apparently, my vehicle had been described to him as "having a little scratch on the bumper!") He said for me to take the car into a body shop and get an estimate. He would then have his body shop compare the estimate, and cut me a check and provide me with a rental car.
The next morning I took the car to the body shop of the dealership where I had purchased the car. The gave me an estimate of close to $500. I took the estimate to the carwash, which of course had neither the owner or a manager on the premises at the time. An employee phoned a manager and let me speak to him. He asked me to come back at his convenience. I slammed the phone down, gave the estimate to the cashier, and made him sign for it that he had received it. The owner then left me a voice mail that I would have a check by Friday.
So after several times of me calling the carwash and me going to the carwash, I finally got to talk to the owner again yesterday (Monday). He said that he wanted his body shop to fix my car and give me a wholesale bumper. He promised to have my car fixed by the end of the week. It has come apparent that they are stalling and have no intention of taking responsibility for damages caused to my vehicle while they were preforming a service to me -- a service which they happily charged me for and didn't offer to refund my money.
So after this long story, I know ask the question: What are my rights?? Should I get a lawyer, and would I have a chance of winning if I did?? I was told by another customer of the carwash that was there at the time of the accident that I have zero rights since it happened on private property. Is this true?? Am I actually responsible for the damage to my car even though they were accepting payment for a service that they were providing?? Isn't this what they have liability insurance for?? Or is my only option to call me insurance and let them handle it?? If I do that, will my rates go up?? Please advise.
Also, what other rights do I have?? Can I contact radio, television, and the better business bureau?? Would they be able to say that I am "blackballing" them or cause any undue harm?? After all, that is what they are causing me.
I thank each of you who can let me know where I stand on this issue. I have never had any sort of legal issue in my life, and I don't really want this one either. I am ready for war, but I would like to know my rights before I start. I appreciate any and all help.
Thanks a million!!
Carwash Victim
First of all the manager on duty accused me of lying. He told me to my face that I was trying to scam him. He lined the two vehicles up and said it wasn't a match. Then to prove his point, he slammed my car into the back of the jeep. Of course, the trailer hitch on the back of the jeep fit perfectly into the hole in my bumper. Then he started measuring it with a pen and other weird objects. Finally, he questioned every single employee there. Even after he got five employees to admit that the damage was done by the carwash, he still accused me of trying to scam him.
It was only after I called 911, and had a police officer come to the carwash, that he admitted fault. The police officer informed me that this was a civil issue and there was nothing he could do. He then refused to make out an accident report, claiming that since everyone was denying responsibility that he didn't know who to put as the "at-fault" driver.
So after I yelled for about an hour, the manager finally gave me a handwritten letter claiming that the carwash was indeed at fault. He said that he would have the owner contact me Monday morning. So I gave him my name and phone number, which was unfortunately my out-of-state cell phone number. I had just moved and didn't any local numbers yet. They refused to call me long distance. So I was forced to initiate all contact with them.
I was finally able to speak to the owner on Wednesday when I drove to the carwash. They called him on his mobile and then put me on the phone. He was just as rude as the employees and accused me of trying to make this a bigger issue than it was. (Apparently, my vehicle had been described to him as "having a little scratch on the bumper!") He said for me to take the car into a body shop and get an estimate. He would then have his body shop compare the estimate, and cut me a check and provide me with a rental car.
The next morning I took the car to the body shop of the dealership where I had purchased the car. The gave me an estimate of close to $500. I took the estimate to the carwash, which of course had neither the owner or a manager on the premises at the time. An employee phoned a manager and let me speak to him. He asked me to come back at his convenience. I slammed the phone down, gave the estimate to the cashier, and made him sign for it that he had received it. The owner then left me a voice mail that I would have a check by Friday.
So after several times of me calling the carwash and me going to the carwash, I finally got to talk to the owner again yesterday (Monday). He said that he wanted his body shop to fix my car and give me a wholesale bumper. He promised to have my car fixed by the end of the week. It has come apparent that they are stalling and have no intention of taking responsibility for damages caused to my vehicle while they were preforming a service to me -- a service which they happily charged me for and didn't offer to refund my money.
So after this long story, I know ask the question: What are my rights?? Should I get a lawyer, and would I have a chance of winning if I did?? I was told by another customer of the carwash that was there at the time of the accident that I have zero rights since it happened on private property. Is this true?? Am I actually responsible for the damage to my car even though they were accepting payment for a service that they were providing?? Isn't this what they have liability insurance for?? Or is my only option to call me insurance and let them handle it?? If I do that, will my rates go up?? Please advise.
Also, what other rights do I have?? Can I contact radio, television, and the better business bureau?? Would they be able to say that I am "blackballing" them or cause any undue harm?? After all, that is what they are causing me.
I thank each of you who can let me know where I stand on this issue. I have never had any sort of legal issue in my life, and I don't really want this one either. I am ready for war, but I would like to know my rights before I start. I appreciate any and all help.
Thanks a million!!
Carwash Victim