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 Have you ever...

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chewingthefat

  • Total Posts: 6100
  • Joined: 11/22/2007
  • Location: Emmitsburg, Md.
Have you ever... Sun, 11/17/13 5:09 PM (permalink)
Had your car damaged in a drive thru car wash? My wife had her driver side mirror broken the other day. The Company said they wern't responsible, I told them, a judge will decide that. In the meantime, our Insurance Co. is footing the bill.
Just because you have some stupid sign listing all the things the car wash isn't responsible for, doesn't make it so! Your thoughts?
 
#1
    Michael Hoffman

    • Total Posts: 17850
    • Joined: 7/1/2000
    • Location: Gahanna, OH
    Re:Have you ever... Sun, 11/17/13 5:40 PM (permalink)
    Several years ago I had the rear window wiper housing on my new car cracked in a car wash. Unfortunately, I didn't notice it till I got home and was unloading some groceries when a piece of the housing fell off as I opened the liftgate. I went back to the car wash and they basically said, Tough $h1t! It ended up costing me $90 because a whole new unit had to be put on.
     
    #2
      MetroplexJim

      • Total Posts: 3706
      • Joined: 6/24/2007
      • Location: McKinney, TX
      Re:Have you ever... Sun, 11/17/13 6:30 PM (permalink)
      1)  A claim of "no responsibility" does not absolve them of liability. 
       
      In their accepting your car they, in their exclusive judgment, deemed it suitable for their equipment and personnel.  In so doing they issued an implicit warranty that they would return it to you washed satisfactorily and not damaged.
       
      2)  You need to speak with the owner, not a "manager".
       
      -----------------
       
      In 1982 a carwash employee tore a low-profile Pirelli off my just purchased 1982 Volvo Turbo Coupe - and damaged the mag rim.  The manager was useless;  he put on the spare, left, and came back with a Firestone tire on my damaged rim.  There were "words"; I called the owner at home and he agreed to pay for a new Pirelli and rim - nearly $900.
       
      -----------------
       
      This week my wife took her new (this Summer) Lexus for a complimentary wash at our dealer.  Evidently, one of the wash crew had something on his person - probably a belt buckle - that scratch both the tailgate and a wood piece on the interior.  The Princess didn't notice the scratches until after she pulled into the garage at home. 
       
      Next day, she went back to the dealership and asked to speak with the Service Director.  He agreed to replace the scratched wood piece and buff out the paint scratch.  When she returned (in her complimentary Lexus loaner) she found that they had just applied touch-up paint.  She called in the Service Director who immediately agreed to repaint the entire tailgate.  When she mentioned (from prior experience) that repainting harms the trade-in value he wrote a letter he said to present the dealership in the finance office after you negotiate and get the highest trade appraisal and their 'best total deal on the new vehicle':  "Add $1,000 to the ACV of Mrs. Metro's car.  The re-paint on the tailgate was our fault".
       
      This dealership is the only new car dealer ever to have won the "Malcolm Baldridge Award".  Now I see both why and how. 
      <message edited by MetroplexJim on Sun, 11/17/13 6:35 PM>
       
      #3
        FriedClamFanatic

        • Total Posts: 1501
        • Joined: 7/14/2008
        • Location: west chester, PA
        Re:Have you ever... Mon, 11/18/13 4:26 PM (permalink)
        Sounds like the McDonald's hot coffee problem..you can say one thing...but a court might find it different
         
        #4
          bartl

          • Total Posts: 1209
          • Joined: 7/6/2004
          • Location: New Milford, NJ
          Re:Have you ever... Mon, 11/18/13 11:42 PM (permalink)
          FriedClamFanatic
          Sounds like the McDonald's hot coffee problem..you can say one thing...but a court might find it different

          I see you have fallen for McDonald's public relations machine.
           
          http://www.lectlaw.com/files/cur78.htm
           
          Bart
           
          #5
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