Who is liable for damage caused to a car in a car wash?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Who is liable for damage caused to a car in a car wash?
I took my car, or tried to take it through, a car wash at a convenience store. Before going through, I read the directions carefully. They were very faded out and weathered. The directions did not say how to approach the washing mechanism or where precisely to place the car. In every other car wash I have been to, the car should be driven, with the driver’s side tire in between the guide rails which then pull the car through. I attempted to do this, in the absence of other directions but damaged my car and must now replace a tire and bumper. Who should pay? Owner of the store called later to ask for my insurance agent’s name.
Asked on January 18, 2011 under Accident Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
There is no easy answer--it depends on who was liable, or at fault, which in turn will depend on relative carelessness. In your favor is that the directions seem to have been difficult to read, possibly incomplete, and it appears that the set-up of this wash may have been atypical (which would put a higher burden on the wash to make sure the directions/instructions are clear). On the other hand, if it was unclear, you arguably had a duty to ask someone on duty and seek clarification.Thus, it's not possible to say with certainty who is responsible--it depends on the exacdt circumstances, as interpreted by a judge and/or jury if you sue.
First, if you have collision, etc. insurance, contract your insurer--you may be able to get most from your own insurance, and if you don't contact them, you may be violating your duties under the policy and preclude yourself from recovery from your own policy. Second, submit a claim to the wash and its insurer for any amount not paid by your own insurance. If you're not paid voluntarily, then consider whether you should sue. For a smaller amount--say, less than $1,500--you'd probably be better off suing yourself; for a larger amount, a lawyer could help you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.