Car wash damage

S

someanne

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i was in a certain well known petrol station to day getting my car washed. when i went through the wash the car came out and was still dirty. i complained and the manager said to put the car through the wash again. so i did so as he watched. in the middle of the wash cycle the overhead brushes pulled up my windscreen wipers and the force popped the wiper off the bar, breaking the wiper unit. the manager saw me exiting the wash and i pointed to the wiper which was beeing blown up and down by the air dryer.

i got out of the car when the wash was done and asked him what was to be done about it. he said that if my car was new he'd get it fixed, but since ny car was old (7 years) that they weren't responsible, that it was up to me to make sure my car was fit for the car wash.

he directed me to the local mechanics (behind the car wash) and said they should be able to fix it as only the bar had popped off the wiper. he said that it would be free to get it fixed. i said what if they charged me? hee said get them to ring him if there was going to be a charge. i said ok and went to the garage.

the lads in the garage said that the whole unit would have to be replaced and it was going to cost €200 for the part and €80 for labour. i rang the main dealer (Fiat) myself to check the price and the work needed and they concurred with the garage. i then rang the manager of the petrol station to tell him and he said that they weren't liable for it and it states this in the customer notice in the shop.

so what i need to know is what are my rights?

*aside - i figure, correct me if i'm wrong, that the wipers are a part of the car that cannot be removed before entering a car wash, thus there is no way i could have known that this would happen
 
Car washes usually have a disclaimer notice before you enter stating that they will not accept any responsibily for any damage to persons or property - except in the event of death due to negligence :rolleyes:
 
the disclaimer does not waive the responsibility from the garage. I had a similar problem with a carwash damaging my car and the petrol station duly paid up for the damage.
 
I had a problem with a petrol station also where the brushes scratched my car. I refused to move the car off the forecourt until i had taken pictures and called the guards to take note of a civil matter. The insurance company will try and fob you off constantly. You just need to stand tough and insist that 1) garage attendant accepted responsibility 2) you will not let this rest until you are paid. I used to call the guy every day until i got the result i wanted. At the end of the day they really do not want the hassle over 280 euro. Stay strong and see this through, they cannot do this to you, disclaimer or no disclaimer in my opinion.
 
Unfortunately they probably are not obliged to pay out but may doso to save themselves any hassle. Depends on your approach to the matter.
 
i've been onto the NCA and they indicated that under the law they are responsible for the damage. they said i should proceed to the Small claims court if i don't get satisfaction.

many thanks for your replies
 
someanne said:
in the middle of the wash cycle the overhead brushes pulled up my windscreen wipers and the force popped the wiper off the bar, breaking the wiper uniti got out of the car when the wash was done and asked him what was to be done about it. he said that if my car was new he'd get it fixed, but since ny car was old (7 years) that they weren't responsible, that it was up to me to make sure my car was fit for the car wash.
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IMO the garage is right, sorry. My last car had a slightly damaged right hand rear view mirror. I never put it through one of those car washes because I knew the force could damage it. Low and behold my brother took the car one day and put it through the wash, and the whole unit came off. Cost me €80 to repair. I did not complain to the garage.
I`m not saying you had a faulty wiper, but surely something was already amiss there? 99% of cars do not get damaged by these units.
 
of course the garage is responsible regardless of disclaimer notices (these are to just put people of claiming damages if there is a problem). in my line of work cases like this crop up all the time and the garages always pay.

i remember hearing a story about a carwash that some kids had tied ball bearings onto the brushes and when the car went through it was bashed to bits, the garage paid up. they are responsible for making sure the unit is in good working order and maintaining it.
 
susie1 said:
of course the garage is responsible regardless of disclaimer notices (these are to just put people of claiming damages if there is a problem).
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Is this the same for all disclaimer notices, such as those found in car parks?
I thought that these got the owner off the hook somewhat - good to know that I was wrong and that you can claim damages
 
susie1 said:
i remember hearing a story about a carwash that some kids had tied ball bearings onto the brushes and when the car went through it was bashed to bits, the garage paid up. they are responsible for making sure the unit is in good working order and maintaining it.
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I'd say the look on the face of the driver when that happened was a sight to behold......
 
Hi. My friend kindly offered to take my car to get it washed for me last night as it was piggy and i was sick at home in bed. She brought it to her local garage and during the car wash it went a bit mental on her - she said she noticed that it hit the left wing mirror and then after few moments it stopped so she drove out of the car wash. She got out of the car and inspected it and couldn't see any visible damage- this was at 8 o'clock and night- but she went in to inform the attendant of its erratic behaviour to which he replied "whatever" and basically ignored her. She brought my car back to me then and told me what had happened. I had a look at it last night and couldn't see any damage but it wasn't until this morning that i looked at it in daylight that i saw that not only is the passenger mirror scratched but there is quite a significant mark on the body of the car above the back left wheel. Now the car is a 2006 renault clio so it is relatively new. I drove to the garage today and asked to speak to a manager. The same two guys who were working last night were working today and seemed unsure as to what to do when i requested to speak to a manager. Neither of them had any authority but the less dazed of the two asked me if there was a problem and i explained to him what had happened and how the other guy had been really unhelpful the night before (which he denied). Anyway, on my request the attendant came out to look at the damage on the car and then went into a back room to speak to a manager. He then came out and took my details and said "he said he'd call you back." when i queried when exactly this phone call might take place he replied "eh either today or tomorrow".

What has me so angry is the fact that not only were these two guys unwilling to help my friend the night before and clueless as to what do when i confronted them today, but i also have a feeling that i won't be hearing back from anyone. It just seems to me that nobody gives a sh*t about anything in that place! Now i tried looking up the number of the garage in the phonebook but theres only a number of the main office who i will be calling on monday morning if i don't hear anything from the manager of this branch.

What else can i do? Any advice??
 
It seems in Ireland of today nobody is at fault.It is always someone elses fault.If the car wash pulled off your wipers then there is a problem with your car.The only way the top washer unit could do damage is if there were no bristles on the brush.While you were there did any one else use the wash.When you went back was the wash in use.If the machine was causing this sort of damage there would be a line outside the managers office of angry punters.
 
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