Automatic Car Wash Damaged Vehicle

[tj1320]

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

I took my 1998 pickup through an automatic car wash on Monday, 3/11/13, and the high speed air dryer ripped the grill and bug guard/deflector off the front of the truck. The grill is a factory replacement and was installed in 2008. The bug guard/deflector is aftermarket and was also installed in 2008. I have taken the truck through similar car washes many times since 2008 with no issues at all. This happened in Amarillo, Texas. A representative of the owner informed me that they would not pay to have it replaced, basically stating that because the vehicle is old and brittle, I am out of luck. The company is a LLC and they have a warning sign posted as you enter the car wash stating that they are basically not responsible for any damage to antennas, mirrors, bug shields, racks, side moldings, etc. The jerk didn't even offer to refund the $10 purchase price for the wash. There is also video footage available, which the guy would not let me have or view because "it is private property".

Please advise. Thanks.

 

[OHRoadwarrior]

The plastic on the grill was brittle because of the West Texas sun and did not retain it factory specified tolerances. The bug shield was aftermarket and may have pushed against the plastic grill, when it broke off. I suggest you buy another grill, so your radiator is protected from road debris. It cost less than $100.

 

[swalsh411]

If you didn't like the terms you were free not to use the car wash. Your 15 year old truck doesn't mind being dirty.

The video recording is for their benefit not yours. Of course they aren't just going to hand it over.

 

[OHRoadwarrior]

One thing I will say. If you have a new Silverado, make sure to use the power switch to retract your mirrors when going through a car wash. I went through one the other day and if I had not retracted them, they would have hit on the car wash machine.

 

[tj1320]

Hmm...not exactly what I was thinking of in terms of legal advice. I am a 3L in New Mexico, but I haven't had any exposure yet to small claims courts. Everything has been at the metro court level and above. As I mentioned before, I have taken it through similar car washes many times without trouble. However, the air speed of the dryer in this particular car wash seemed to be higher than it is in others. The owner's representative told me it was set at 175 MPH. I'm sure the cost to purchase a new grill and have it installed is far more than $100. The grill is only 5 years old. Would you feel the same way if the truck were a 2008 model? It was by no means brittle and old. It was in great shape.

 

[OHRoadwarrior]

Hmm...not exactly what I was thinking of in terms of legal advice. I am a 3L in New Mexico, but I haven't had any exposure yet to small claims courts. Everything has been at the metro court level and above. As I mentioned before, I have taken it through similar car washes many times without trouble. However, the air speed of the dryer in this particular car wash seemed to be higher than it is in others. The owner's representative told me it was set at 175 MPH. I'm sure the cost to purchase a new grill and have it installed is far more than $100. The grill is only 5 years old. Would you feel the same way if the truck were a 2008 model? It was by no means brittle and old. It was in great shape.

It was also likely broken by the bug deflector. Which was excluded. Further, what proof do you have it was not cracked due to hitting a bird or something else, prior to entering the car wash?

 

[TheGeekess]

Hmm...not exactly what I was thinking of in terms of legal advice. I am a 3L in New Mexico, but I haven't had any exposure yet to small claims courts. Everything has been at the metro court level and above. As I mentioned before, I have taken it through similar car washes many times without trouble. However, the air speed of the dryer in this particular car wash seemed to be higher than it is in others. The owner's representative told me it was set at 175 MPH. I'm sure the cost to purchase a new grill and have it installed is far more than $100. The grill is only 5 years old. Would you feel the same way if the truck were a 2008 model? It was by no means brittle and old. It was in great shape.

You enter a car wash at your own risk. I have yet to drive through one that didn't have signs all over that said the same thing.

 

[tj1320]

As you should know if you have attended an ABA approved law school, a disclaimer of liability for injuries or damages to persons or property does not automatically mean that the business owner is exempt from liability in the eyes of the law. That is a basic tort principle. Even if the warning sign were legally binding, it does not say anything about factory equipment such as the front grill. Even though the bug deflector came out, it is fine. The grill is not. That is what I want them to replace.

 

[OHRoadwarrior]

As you should know if you have attended an ABA approved law school, a disclaimer of liability for injuries or damages to persons or property does not automatically mean that the business owner is exempt from liability in the eyes of the law. That is a basic tort principle. Even if the warning sign were legally binding, it does not say anything about factory equipment such as the front grill. Even though the bug deflector came out, it is fine. The grill is not. That is what I want them to replace.

Do you have proof the grill had no prior damage before you entered the car wash?

 

[justalayman]

so, to play devil's advocate here:

if they had signs denying liability but their brush caught onto a OEM mirror, ripped it off, used it as a weapon and beat the side of the truck causing severe damage and breaking the window, the car was would not be liable because they warned you they are not liable? Would it make any difference if it was a 2013 model or a 1983 model?


I disagree with the others but the problem, as another poster alluded to, was that you will have a difficult time proving the car wash was negligent in some way that caused the damage and it wasn't due to some defect in your equipment.