Need Advice - Carwash Employee damaged my wheels
08-02-17, 05:14 PM
#31
I feel you on the inexperienced young mil kiddos. Even though they have briefings on finance, they always seem to miss the part of interest rates etc. Local business in my area was black listed by the AF base and the Navy base.
Good luck on dealing with this and Good luck on your deployment. I have some fellas heading out in Nov.
Good luck on dealing with this and Good luck on your deployment. I have some fellas heading out in Nov.
08-03-17, 01:20 AM
#32
All the car washes around my area say "no aftermarket equipment ". Why you would choose to go through that type of car wash is beyond me. This is just my opinion so obviously it doesn't carry any weight but your the one that chose to take your nice car with nice nice aftermarket wheels through a car wash with a guide for the wheels. Take responsibility for your own lack of judgement and don't waste a courts time with your frivolous lawsuit over a minor wheel repair. Again, just my opinion but I wouldn't think of taking my now sold isf or my current car through that type of car wash. Your literally asking for trouble
08-03-17, 05:38 AM
#33
The OP said that he had been to this car wash (or others in the chain) several times prior to this incident WITHOUT damage to his wheels. At no point did the car wash refuse him service based on his wheels. So the reasonable expectation of the consumer is that he can safely use the car wash without damage to his car or parts of it. That being said, take a look in the OP's pictures at the UHMW guide rail on the conveyor. If you don't know what this is, educate yourself before spouting off your wonderful opinions. The guide rail has CLEARLY exceeded its usable life and should have been replaced. It is this rail that caused damage to the OP's wheel(s). Additionally, this guide rail is also an outdated design no longer sold by car wash manufacturers. Does anyone want to take a guess at why they no longer sell them? Because car wash owner/operators and auto manufacturers (OEMs) ASKED for them due to the increasing amount of damage to low profile aluminum rims in the aftermarket and low profile rims OEMs are putting on their car at the factory. Take it from the maker of the system, not me... [
]
If the car wash example isn't clear enough for you, then use an analogy with a doctor. As a non-doctor sick person, you are relying on certified doctors to practice their profession using the most up to date equipment and techniques while doing no harm to you. You have no way of knowing if the doctor is sterilizing his tools, reusing needles, billing you for fake tests, etc. Your trust is in the fact that he is allowed to do business and that he is certified. Most people don't investigate the doctor's credentials, ask where the nurses went to school, run tests on the surgical equipment to make sure it is clean prior to your surgery, etc. So why do people sue doctors when they receive poor care? It is because the doctor was negligent in maintaining his end of the bargain typically. So many of you would argue that all doctors suck and you should operate on yourself if you really care about yourself based on the experience of a few bad doctors. That is ridiculous.
So how was the OP to know that the equipment at the car wash was not maintained and was of an outdated design (not always compatible with newer tire/wheel designs)? Does he have to become an expert on everything he uses or consumes provided by another party? OR should the expectation be on those providing the service to uphold their responsibility in the transaction by using modern and safe practices. The ONLY obligations or responsibilities that the OP had in this case was to pay for his car wash and to object/complain if the service was less than the implied promise of what he was sold. Does everyone understand that change only occurs if people comment on something or complain about things that are wrong? I am amazed at the number of people in our society suffering from "learned helplessness" (look it up). If OP doesn't point out his issue with the car wash, the car wash has no incentive to maintain, improve, or update the car wash. In business speak, this is one form of the "voice of the customer." Apparently, the BMW factory in South Carolina complained because THEIR wheels on new cars were being damaged coming off of the assembly line wash rack. Are OEMs stupid for washing their cars before they give them to you? If you watch the video above, it is easy to understand that as cars change, so must car washes to accommodate wider and lower profile wheel/tire combos. What the OP is doing is not frivolous. His very actions are what prevents this from happening to him again, what prevents it from happening to others, and what prompts necessary change and improvement in industry.
If the car wash example isn't clear enough for you, then use an analogy with a doctor. As a non-doctor sick person, you are relying on certified doctors to practice their profession using the most up to date equipment and techniques while doing no harm to you. You have no way of knowing if the doctor is sterilizing his tools, reusing needles, billing you for fake tests, etc. Your trust is in the fact that he is allowed to do business and that he is certified. Most people don't investigate the doctor's credentials, ask where the nurses went to school, run tests on the surgical equipment to make sure it is clean prior to your surgery, etc. So why do people sue doctors when they receive poor care? It is because the doctor was negligent in maintaining his end of the bargain typically. So many of you would argue that all doctors suck and you should operate on yourself if you really care about yourself based on the experience of a few bad doctors. That is ridiculous.
So how was the OP to know that the equipment at the car wash was not maintained and was of an outdated design (not always compatible with newer tire/wheel designs)? Does he have to become an expert on everything he uses or consumes provided by another party? OR should the expectation be on those providing the service to uphold their responsibility in the transaction by using modern and safe practices. The ONLY obligations or responsibilities that the OP had in this case was to pay for his car wash and to object/complain if the service was less than the implied promise of what he was sold. Does everyone understand that change only occurs if people comment on something or complain about things that are wrong? I am amazed at the number of people in our society suffering from "learned helplessness" (look it up). If OP doesn't point out his issue with the car wash, the car wash has no incentive to maintain, improve, or update the car wash. In business speak, this is one form of the "voice of the customer." Apparently, the BMW factory in South Carolina complained because THEIR wheels on new cars were being damaged coming off of the assembly line wash rack. Are OEMs stupid for washing their cars before they give them to you? If you watch the video above, it is easy to understand that as cars change, so must car washes to accommodate wider and lower profile wheel/tire combos. What the OP is doing is not frivolous. His very actions are what prevents this from happening to him again, what prevents it from happening to others, and what prompts necessary change and improvement in industry.
08-03-17, 03:59 PM
#34
As for the story itself, you can take him to small claims court, there is a good chance you'd win. I took someone back in California to small claims in 2007 after his car wash broke the rear windshield in my Acura Integra and won $1200.
08-05-17, 11:44 PM
#35
Tech Info Resource
iTrader: (2)
Sorry the wheels got scratched. What about the clearcoat? It's scratched beyond belief by the rotating brushes they use to clean your car. Every pass through a wash like that just further damages the paint until it looks like a big swirled mess, or you get it detailed by someone who knows paint correction.
FWIW, you can almost always tell a car that has been through a wash like this by looking at the inside of the wheel. The inner lip will be scratched like someone took a dull knife to it.
Really nice of the JAG to help you out with this. No civilian could afford to bother with it because legal advice isn't free if you aren't on active duty, and the repair of one wheel would not be worth the time and trouble. When I was an E-7 and making no money at all, I would probably pursue something like this. Now that I am retired and making more than a 4 star general, I wouldn't even bother with trying. It truly isn't worth my time.
If they screw up your car, just stop patronizing them, post their mistake on Yelp and Google, and call it a day. Paying you to fix your car is chump change for them. Diverting business by giving them a bad review on the web hurts them from any new business. You'd be amazed at how fearful business owners are of bad reviews on popular rating sites.
FWIW, you can almost always tell a car that has been through a wash like this by looking at the inside of the wheel. The inner lip will be scratched like someone took a dull knife to it.
Really nice of the JAG to help you out with this. No civilian could afford to bother with it because legal advice isn't free if you aren't on active duty, and the repair of one wheel would not be worth the time and trouble. When I was an E-7 and making no money at all, I would probably pursue something like this. Now that I am retired and making more than a 4 star general, I wouldn't even bother with trying. It truly isn't worth my time.
If they screw up your car, just stop patronizing them, post their mistake on Yelp and Google, and call it a day. Paying you to fix your car is chump change for them. Diverting business by giving them a bad review on the web hurts them from any new business. You'd be amazed at how fearful business owners are of bad reviews on popular rating sites.
08-06-17, 04:32 AM
#36
I always have to chuckle when I see those signs put up stating that a business isn't responsible for this or that, as though putting up a sign excuses them from all legal liability.
It reminds me of the scene from Talledaga Nights where Ricky Bobby says, "with all due respect, you're an a-hole" and then claims that because he prefaced it with "all due respect" he could say whatever he wanted! LOL..
It reminds me of the scene from Talledaga Nights where Ricky Bobby says, "with all due respect, you're an a-hole" and then claims that because he prefaced it with "all due respect" he could say whatever he wanted! LOL..
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chrisp1 (08-06-17)
08-08-17, 01:37 PM
#37
Lexus Test Driver
I always have to chuckle when I see those signs put up stating that a business isn't responsible for this or that, as though putting up a sign excuses them from all legal liability.
It reminds me of the scene from Talledaga Nights where Ricky Bobby says, "with all due respect, you're an a-hole" and then claims that because he prefaced it with "all due respect" he could say whatever he wanted! LOL..
It reminds me of the scene from Talledaga Nights where Ricky Bobby says, "with all due respect, you're an a-hole" and then claims that because he prefaced it with "all due respect" he could say whatever he wanted! LOL..
There's no premises defect.
Nobody asked you to go through the car wash.
And you should've known as your car had aftermarket wheels where the spokes stick out that they would've been scratched on the rail system that pulls the car along.
And don't assume because you talked to an attorney they necessarily know what they are talking about. I've met a lot of dumb attorneys.
To top it off, if there's any signs that do warn you, that's extra that the facility performed a duty they owed to their patron, assuming they owe that duty and breached it.
You can't just bull through a china shop and close your eyes blaming everyone for anything that happens to you without first exercising reasonable care to observe your surroundings and read signs.
Now not saying they necessarily don't owe it, since I'd have to know ALL the facts exactly how they occurred, but if there are warning signs, then you might have a hard case.
You can always take to small claims (assuming talking directly to them doesn't remedy the situation) and hope a judge agrees with you. Those kinds of situations aren't always based on law and can just depend how a judge is feeling that day--you could get lucky.
My advice to you is never take your car to one of those car washes. That's what you do when you owe a Chevy Cavalier.
The following 2 users liked this post by E46CT:
chrisp1 (08-08-17),
lobuxracer (08-08-17)
08-09-17, 08:32 AM
#38
I don't think these facilities think these signs or any signs excuse them from all legal liability. Just liability pertaining to the particular matter at hand.
There's no premises defect.
Nobody asked you to go through the car wash.
And you should've known as your car had aftermarket wheels where the spokes stick out that they would've been scratched on the rail system that pulls the car along.
And don't assume because you talked to an attorney they necessarily know what they are talking about. I've met a lot of dumb attorneys.
To top it off, if there's any signs that do warn you, that's extra that the facility performed a duty they owed to their patron, assuming they owe that duty and breached it.
You can't just bull through a china shop and close your eyes blaming everyone for anything that happens to you without first exercising reasonable care to observe your surroundings and read signs.
Now not saying they necessarily don't owe it, since I'd have to know ALL the facts exactly how they occurred, but if there are warning signs, then you might have a hard case.
You can always take to small claims (assuming talking directly to them doesn't remedy the situation) and hope a judge agrees with you. Those kinds of situations aren't always based on law and can just depend how a judge is feeling that day--you could get lucky.
My advice to you is never take your car to one of those car washes. That's what you do when you owe a Chevy Cavalier.
There's no premises defect.
Nobody asked you to go through the car wash.
And you should've known as your car had aftermarket wheels where the spokes stick out that they would've been scratched on the rail system that pulls the car along.
And don't assume because you talked to an attorney they necessarily know what they are talking about. I've met a lot of dumb attorneys.
To top it off, if there's any signs that do warn you, that's extra that the facility performed a duty they owed to their patron, assuming they owe that duty and breached it.
You can't just bull through a china shop and close your eyes blaming everyone for anything that happens to you without first exercising reasonable care to observe your surroundings and read signs.
Now not saying they necessarily don't owe it, since I'd have to know ALL the facts exactly how they occurred, but if there are warning signs, then you might have a hard case.
You can always take to small claims (assuming talking directly to them doesn't remedy the situation) and hope a judge agrees with you. Those kinds of situations aren't always based on law and can just depend how a judge is feeling that day--you could get lucky.
My advice to you is never take your car to one of those car washes. That's what you do when you owe a Chevy Cavalier.
08-09-17, 01:16 PM
#39
Hard to believe there's 'equipment defects' if his car was the only one of the hundreds (maybe thousands) of cars that go thru that car wash a week. Of course we don't know if his was the only one damaged or not.... But I say it's either:
A) The employee was wreckless with lining it up straight
B) The aftermarket wheels were to wide/etc making them subject to being damaged.
V.
A) The employee was wreckless with lining it up straight
B) The aftermarket wheels were to wide/etc making them subject to being damaged.
V.
08-09-17, 01:58 PM
#40
IMO the whole thing is silly. Those car wash rails are made to rub the tire sidewall, not a low profile wheel that sits flush with the body/tire. I have a similar wheel/tire setup and wouldn't risk it even with a brand new carwash. I love my local laser wash and use it 3x a week, but nothing but water/chemicals touches the car. Not sure why anyone would use these pull through/brush ones..
Asking an owner of a run down car wash to jump through hoops on principle is even sillier.
Asking an owner of a run down car wash to jump through hoops on principle is even sillier.
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chrisp1 (08-09-17)
08-09-17, 02:07 PM
#41
IMO the whole thing is silly. Those car wash rails are made to rub the tire sidewall, not a low profile wheel that sits flush with the body/tire. I have a similar wheel/tire setup and wouldn't risk it even with a brand new carwash. I love my local laser wash and use it 3x a week, but nothing but water/chemicals touches the car. Not sure why anyone would use these pull through/brush ones..
Asking an owner of a run down car wash to jump through hoops on principle is even sillier.
Asking an owner of a run down car wash to jump through hoops on principle is even sillier.
agreed ^
08-09-17, 02:33 PM
#42
Lexus Fanatic
I am sorry to hear this. A car wash dented my front bumper and that was the last time. I've had my car for 3.5 years and it's been washed two times. I wipe the car down every 1-2 days with gloss enhancer. That can be fixed
08-09-17, 09:43 PM
#43
I didn't read every post, and if someone did mention earlier, what I'm about to say, then I apologize.... But I'm very surprised no one has told you to contact your insurance company?
What would you do if you were in a collision with another car not your fault, it was an accident technically right?
Comp and collision cover more then a collision with another car FYI....
I have State Farm and recently had 2 of my OEM wheels replaced, along with the entire front drivers seat due to accidental damage, the seat cushion got sliced open by a box knife, my own fault, state farm paid for the repair with 0.00 deductible, about 3,000.00 estimated damage to replace the cushion and new OEM white leather covers. Covered under comprehensive.
I also noticed 2 large curb rashes on my wheels after parking it with a valet, valet did not cop to it, but regardless State Farm covered it under my collision, 250.00 deductible, at about 5,000.00 to replace the curbed wheels with 2 brand new OEM wheels. They replaced because the refinishing could not guarantee they would match the OEM color. So they just ordered 2 new ones... Since i could not prove and valet wouldnt admit they curbed the wheels it was a claim on me, but i have never had a claim before, so i was told the insurance rates wouldnt change, and it wasn't reported to carfax as an accident.
So if you have full coverage insurance why not contact them and see what they can do, or how to help?... If the car wash damaged your car, I would imagine it would be covered under either, "not at fault collision" or maybe some sort of claim that would be similar to someone hitting you (not at fault), let the insurance company go after the car wash for the damage with their attorneys and their dime. Thats what they would do if someone hit you in their car, they would either go after their insurance to pay for it, or the other drivers insurance covers with out all that drama. If not at fault they should pay your deductible also, or at least fight for it.
Thats what you have insurance for? Hopefully you have receipt, and proof for the wheels...
What would you do if you were in a collision with another car not your fault, it was an accident technically right?
Comp and collision cover more then a collision with another car FYI....
I have State Farm and recently had 2 of my OEM wheels replaced, along with the entire front drivers seat due to accidental damage, the seat cushion got sliced open by a box knife, my own fault, state farm paid for the repair with 0.00 deductible, about 3,000.00 estimated damage to replace the cushion and new OEM white leather covers. Covered under comprehensive.
I also noticed 2 large curb rashes on my wheels after parking it with a valet, valet did not cop to it, but regardless State Farm covered it under my collision, 250.00 deductible, at about 5,000.00 to replace the curbed wheels with 2 brand new OEM wheels. They replaced because the refinishing could not guarantee they would match the OEM color. So they just ordered 2 new ones... Since i could not prove and valet wouldnt admit they curbed the wheels it was a claim on me, but i have never had a claim before, so i was told the insurance rates wouldnt change, and it wasn't reported to carfax as an accident.
So if you have full coverage insurance why not contact them and see what they can do, or how to help?... If the car wash damaged your car, I would imagine it would be covered under either, "not at fault collision" or maybe some sort of claim that would be similar to someone hitting you (not at fault), let the insurance company go after the car wash for the damage with their attorneys and their dime. Thats what they would do if someone hit you in their car, they would either go after their insurance to pay for it, or the other drivers insurance covers with out all that drama. If not at fault they should pay your deductible also, or at least fight for it.
Thats what you have insurance for? Hopefully you have receipt, and proof for the wheels...
Last edited by USB2011JAM; 08-09-17 at 09:47 PM.
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LexusfanVA (08-10-17)
08-10-17, 05:32 AM
#44
^Have to agree with this also^! No one has mentioned insurance until you did, lol.
V.
V.
08-16-17, 10:36 AM
#45
The employee that showed me where the signsI immediately took some pictures and contacted my insurance USAA; however I will have to pay $500 deductible if I want to file it understand my claim. Which basically I am paying out of the pocket myself, since the wheel itself cost about same price.