What are my rights regarding a claim that I filed with a car wash about scratching my brand new vehicle?

UPDATED: Sep 29, 2022

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What are my rights regarding a claim that I filed with a car wash about scratching my brand new vehicle?

They have neglected to return my phone calls and I’m starting to wonder if they even filed my claim. I’ve had my car for a little over a month now and would like to get this issue resolved. I’ve made many attempts to get ahold of the manager but still no answer. I’ve even tried going into the business itself.

Asked on August 3, 2015 under Accident Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

They do NOT have to file your claim with their insurer, or otherwise voluntarily do anything or pay anything to help you get compensation. That does not mean that you do not have rights, however: if they won't voluntarily compensate you or get their insurer to compensate you, you can sue them (such as in small claims court, acting as your own atorney, or "pro se," to save on legal fees) for the cost to repair or repaint your car; if you win in court, the court will give you a judgment in your favor ordering them to pay. You can get information and (probably) forms about filing in small claims court form the court website or the clerk of the court (over the phone or in person).

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