A variation of the carwash dilemma

[ssohara]

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

I'm an occasional lurker of this site and had a question that I need a few opinions on..

Long story short, the car wash messed the front bumper and grille of my car up. I live in CA and have a brand new Lexus IS350. I noticed when I brought it back and immediately returned and demanded that they show me the tape. Turns out the gash marks were very high up and the likely car that would have done the damage is a truck or SUV. The tape showed my car tailing a truck…hardly coincidence. Then it shows my vehicle breaking very close to the truck, but there is no camera angle to show contact between the two cars. The carwash guy was driving my car. There are even towel threads on the gashes to prove that I didn’t run into something after the wash. I have a friend who came with me in the car that can attest to the fact that the damages were not there before. He walked right in front of the car to get in. I'm sure he would have noticed.

I’m supposed to speak to the owner, but the manager is of course denying everything. Is this something I take to small claims and realistically win? I am 99.9% sure that damage was not there prior to the wash. I plan to get the surveillance videos from the carwash. Let me know if you guys can offer me some advise. Thank you for your time.

 

[Antigone*]

Did you get a receipt or a ticket from the car wash when they took possession of your vehicle?

Chances are there might be a hold-harmless agreement that goes into effect once you turn over the keys. Double check that before you start screaming that you are going to sue them.

If you go into this behaving like a reasonable person, you might be able to negotiate a deal. Otherwise, that is why you have insurance.

 

[Ozark_Sophist]

Did you get a receipt or a ticket from the car wash when they took possession of your vehicle?

Chances are there might be a hold-harmless agreement that goes into effect once you turn over the keys. Double check that before you start screaming that you are going to sue them.

Not likely. A car wash damaged my car, reviewed the tape, and sent me right over to their insurance auto repair so parts could be ordered.

Police report? Contact your insurance company. Let them go after car wash. Otherwise it would be you versus the car wash insurance company.

 

[You Are Guilty]

The car wash can't disclaim its own recklessness (or gross negligence), particularly via some boilerplate on the back of a ticket you get after you pay.

The problem here is going to be getting a copy of the surveillance tapes. It'll probably require at least a subpoena, if not more. But with it, I think there's a pretty good small claims case to be made.

 

[Antigone*]

The car wash can't disclaim its own recklessness (or gross negligence), particularly via some boilerplate on the back of a ticket you get after you pay.

The problem here is going to be getting a copy of the surveillance tapes. It'll probably require at least a subpoena, if not more. But with it, I think there's a pretty good small claims case to be made.

Well go figure...my co-worker was a real lay-down. She fell for that one hook, line and sinker.

Hope it goes well for the OP.