Car damaged in car wash - suggested action?

What you have to prove is "negligence" on the part of the garage/washer. I would at the outset write a polite letter setting out all the facts, record the letter, DON'T hand letter over without a receipt.

Take it slowly and you should get there. If they start denying liability then that's another matter. Remember you can always move up a gear but it is bloody hard coming down. Keep in touch good luck !

Paul

Ian Johnston ( snipped-for-privacy@btinternet.com) gurgled happily, sounding much like they were saying :

When did you last have the roof off, Ian?

I don't want to piss on your cornflakes, but could it be that the roof rail was fairly rotten anyway, so didn't take much? It doesn't take much to push a D "firmly back and down" if the spheres are any good. I'd think that there's enough interlocks and fail-safes on these auto carwashes to prevent real damage.

Besides, it'll serve you right for being an idle sod and not using a bucket and sponge...

Ah, come on - how long would it have taken before a leak developed, if it hadn't been bashed? The machine went wrong, it did damage - they should be falling over themselves to make restitution. How good would a story about it in the local press be for their turnover?

: Ian Johnston ( snipped-for-privacy@btinternet.com) gurgled happily, sounding much : like they were saying : : : When did you last have the roof off, Ian?

Never : I don't want to piss on your cornflakes, but could it be that the roof rail : was fairly rotten anyway, so didn't take much?

It looks very solid from both side, under the rubber seal and under the headlining. As far as I can seel, it's just that the seal has suddenly started leaking.

: It doesn't take much to push : a D "firmly back and down" if the spheres are any good.

Trust me, it was a good car wallop. And while the force required is not very large (it was about the same down wards movement as if I plonk myself on the spare tyre) it was very concentrated.

: I'd think that : there's enough interlocks and fail-safes on these auto carwashes to prevent : real damage.

You'd think so, but as far as could see this antique relied only on a not-very-clean magic eye ...

: Besides, it'll serve you right for being an idle sod and not using a bucket : and sponge...

Yeah, yeah. I was working flat out on a kids' holiday, there was bird shit on the roof and I had about five minutes spare to do it. I do have a car cleaning bucket and sponge at home!

Ian

: Ah, come on - how long would it have taken before a leak developed, if : it hadn't been bashed?

I've done getting on for 20,000 miles in the car in 2 1/2 years without a hint of a leak, despite some appalling weather. Until a few days (first rain) after this wallop....

Ian

"Rogue carwash destroys priceless classic car"

No such thing as bad publicity? I doubt it.

I doubt it was priceless, as I've not found any auto car wash that doesn't scratch the paint - even modern paints.

Ian Johnston ( snipped-for-privacy@btinternet.com) gurgled happily, sounding much like they were saying :

I'm no expert, but that sounds very like one of the classic symptoms of manky roof rails.

Sue the bastards! EVERY PENNY!

D'you remember the saga of britishpetroleum.co.uk?

Around 1997, some bloke had the rear spoiler ripped off (IIRC) an SD1 Rover by a brush-car-wash at a BP station. They didn't want to know, until he realised that they'd forgotten to register britishpetroleum.co.uk - turned into one of the better known "Oi! That's OUR domain!" cases...

So leave it...

No jetwash at a garage near you?

: Ian Johnston ( snipped-for-privacy@btinternet.com) gurgled happily, sounding much : like they were saying : : : > It looks very solid from both side, under the rubber seal and under : > the headlining. As far as I can seel, it's just that the seal has : > suddenly started leaking. : : I'm no expert, but that sounds very like one of the classic symptoms of : manky roof rails.

Maybe. It's also a symptom of disturbed seal. Want to come and have a look? : > You'd think so, but as far as could see this antique relied only on a : > not-very-clean magic eye ... : : Sue the bastards! EVERY PENNY!

Nope. But I would like them to pay to have any damage done by their machine repaired. : > Yeah, yeah. I was working flat out on a kids' holiday, there was bird : > shit on the roof and I had about five minutes spare to do it. : : So leave it...

Seen what bird shit can do to paint if left? : > I do have a car cleaning bucket and sponge at home! : : No jetwash at a garage near you?

Yes, and I use it sometimes. But not often, since they are incredibly effective at blasting lubrication out of hinges and joints.

Ian

Insensitive I know, but its you to blame, not the carwash. Why on earth would anyone put an old car like that through a carwash?

Sensitive mode on - sorry I can relate to how this feels. I expect you are on a hiding to nothing regarding the carwash. Probably it was designed with modern vehicles in mind and the odd shape of the DS confused it a bit. Most carwasshes have small print at the entrance limiting their liability.

: Insensitive I know, but its you to blame, not the carwash.

How, exactly, is it my fault if a car wash hits my car? Do they have some licence which entitles them to wallop old cars but not new ones? I don't follow your reasoning here.

: Why on earth : would anyone put an old car like that through a carwash?

To get it clean. It's a car for using, not staring at, and as far as I am aware they didn't make 'em water-soluble.

If you're arguing that it's perfectly OK for car washes to damage older cars, well, it's a point of view, but not one which I think I will be treating terribly seriously.

Thanks for your time,

Ian

suit yourself.

I'd have thought so. They're at fault, not you. Despite the caveats on printed on the machine, it's not reasonable for a car wash to damage cars in the process. Might be worth a chat with someone like Citizens Advice..?

Or you could try telling your insurance company -- treat it as you would any accident with an insured 3rd party. They pay for the repairs and persue the 3rd party on your behalf.

G.

: Or you could try telling your insurance company -- treat : it as you would any accident with an insured 3rd party. : They pay for the repairs and persue the 3rd party on : your behalf.

Thanks. The insurers say they are quire happy to entertain a claim for car wash damage, so I'm going off to a local repairer to have the joint assessed this morning.

Ian

Car Insurance Company In Usefulness Shocker! :-)

Hope it's all fixable...

: >Thanks. The insurers say they are quire happy to entertain a claim for : >car wash damage, so I'm going off to a local repairer to have the : >joint assessed this morning. : : Car Insurance Company In Usefulness Shocker!

This is RH - I haven't (yet) had to make a claim, but they have been extremely helpful with things like European cover in the past. Also they were less than half the cost of the next cheapest, Foorman James...

: Hope it's all fixable...

Oh it should be fine. Just a broken seal, I think - roof off, new seal, roof on. With luck!

Ian

One think, though: are they definitely going to try to reclaim from the car-wash company, or will it just be treated as an accident that you were responsible for? (This will effect your no-claims history.)

You can get new seals? Wow! :-)

G.ow!

: You can get new seals? Wow!

You can get just about anything for a DS except RHD headlamps. Which, unfortunately, I need!

Ian

"Ian Johnston" wrote

Do any of your insurance policies - car, home contents, etc. - include family legal cover? If so, that ought to cover this.

I used to work for a petrol company as a forecourt rep and we were specifically told in training that the disclaimer of liability notices on the car washes have absolutely no legal force. They are bluster and bullshit, designed to dissuade people from suing when their car gets damaged. They don't entitle the operator to operate a car wash that damages cars, basically. The site owner can't use them to argue that you agreed in advance to let his machine damage your car, because nobody would reasonably do so.

From their point of view, for the cost of a sticker on the machine, it's worth trying it on. If a few people believe it, it saves the company some money.

Note that the name on the pylon sign - BP, Shell, whatever - is either the owner/operator of the site -- or just the petrol supplier. If the big name is simply the supplier, then you have little leverage - the oil company is obviously not liable for a defective piece of kit on their customer's premises, any more than Kellogg's Cornflakes are to blame if your car gets scratched in Tesco's car park. They can't apply much pressure to their customer either, in case he gets pissed off and decides to become somebody else's customer.