car antenna damaged during car wash at gas station

[quantcook]

state : MD
i went to Shell gas station for gas and car wash in January 2021 and during dry blower process, my antenna cover at the top of my car got blown off by the machine.
the shell gas station and car wash company refused to compensate me, my Hyundai dealer quote me the repair cost is ~$700.

How shall I file this case?
the car wash receipt shows the only Shell's name, but the car wash brand is another car wash chain name, with operation in MD, VA and DE but company registered in MD. shall I file the case with district court against Shell or this car wash incorporation?

 

[quincy]

state : MD
i went to Shell gas station for gas and car wash in January 2021 and during dry blower process, my antenna cover at the top of my car got blown off by the machine.
the shell gas station and car wash company refused to compensate me, my Hyundai dealer quote me the repair cost is ~$700.

How shall I file this case?
the car wash receipt shows the only Shell's name, but the car wash brand is another car wash chain name, with operation in MD, VA and DE but company registered in MD. shall I file the case with district court against Shell or this car wash incorporation?

Car washes generally have signs prominently displayed saying they are not responsible for damages, often with specific mention of hood ornaments, antennas and mirrors.

Were there signs posted?

 

[quantcook]

Car washes generally have signs prominently displayed saying they are not responsible for damages, often with specific mention of hood ornaments, antennas and mirrors.

Were there signs posted?

no. at least no such sign in a obvious to customer manner

 

[quincy]

First, I suggest you return to the gas station and take photos to show no waiver-of-liability signs are posted.

Shell does not operate the car wash. Sue the owner of the station/car wash.

 

[quantcook]

First, I suggest you return to the gas station and take photos to show no waiver-of-liability signs are posted.

Shell does not operate the car wash. Sue the owner of the station/car wash.

yep. plan to do that asap, so sue shell & car wash together under joint & several right?
how much I can claim file the claim for? I know under tenant-landlord law, MD can sue 3x the damage, is the 3x also true with commercial tort?

 

[quincy]

Shell Oil will not be your named defendant. The owner of the station/car wash will be your defendants.

 

[quantcook]

Shell Oil will not be your named defendant. The owner of the station/car wash will be your defendants.

but the receipt only shows shell name, i guess probably because i top up gas and did car wash as byproduct of gas station, so legally I can't prove i have a legal contract with car wash right?

 

[quincy]

but the receipt only shows shell name, i guess probably because i top up gas and did car wash as byproduct of gas station, so legally I can't prove i have a legal contract with car wash right?

Look up the owner of the station or car wash (if car wash has an owner separate from the station). The owner will not be Shell Oil. The Shell stations are franchises.

 

[quantcook]

Look up the owner of the station or car wash (if car wash has an owner separate from the station). The owner will not be Shell Oil. The Shell stations are franchises.

yep. i had that info looked up and in hand already. so do you mean even if my receipt does not have the car wash store name on there, I can still sue the car wash directly because they are the one physically washed the car?

 

[quincy]

yep. i had that info looked up and in hand already. so do you mean even if my receipt does not have the car wash store name on there, I can still sue the car wash directly because they are the one physically washed the car?

Yes. You sue the owner of the station/car wash. Your receipt should identify the specific station.

 

[FarmerJ]

Quant when you search the county property tax records for the car washes-gas station address , who does it say the property tax payer is ( this is public information and available to ANY one )

 

[quincy]

The car wash/store name should also be searchable on the secretary of state’s website that identifies registered businesses.

 

[quantcook]

Quant when you search the county property tax records for the car washes-gas station address , who does it say the property tax payer is ( this is public information and available to ANY one )

at https://sdat.dat.maryland.gov/ website, the name of POTOMAC ENERGY HOLDINGS come up, not shell or the car wash company.

 

[quantcook]

The car wash/store name should also be searchable on the secretary of state’s website that identifies registered businesses.

the car wash is registered in PG county, but this car wash site is in Howard county, one of their chain store. so should I file a case in Howard or PG county district court?

 

[zddoodah]

How shall I file this case?

What case? I've never see a gas station car wash that didn't have about a half dozen signs disclaiming liability for things like antennas, side mirrors, etc. (I have no idea what an antenna cover is).

shall I file the case with district court against Shell or this car wash incorporation?

There are probably dozens of "Shell" entities, but it is unlikely that any of them could be held liable in this case. The operator of the car wash and, possibly, the franchisee who owns the station could potentially be liable.

how much I can claim file the claim for?

You sue for whatever your damages are. You don't just make up a number.

I know under tenant-landlord law, MD can sue 3x the damage, is the 3x also true with commercial tort?

Not sure what law you're talking about, but landlord-tenant law has nothing to do with your case, and you have no basis for recovering anything other than the cost of repair.