Car Wash Wrecked My Civc!
31-Jan-2005, 09:07 PM
#21
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Join Date: Sep 2004
Posts: 59
the damn idiots says we not liable . but they will pay half.. my dad was like **** no .. ur workers werent doing the job.. my manager is like (work nexxt to them) says theres signs and stuff like that.. and bs he thinks hes always rite but that got me mad. hes like all the court has to see is the rules and thas it. im like hell no.. what if that happened to u.. he just shut the hell up.. cuz i kno my manager would complain cuz hes a ********.. word of advice DONT GO TO SUPERSUDS CAR WASH...IN BRAMPTON.. the wash is really ****. like the back of the van didnt get cleaned. its sad. now if my rents file a law suite i mite get fired... (worked there for a month now) but then i would file another law suite.
01-Feb-2005, 04:12 PM
#22
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Join Date: May 2004
Location: Markham
Posts: 274
Originally posted by nashall
ill risk being frozen out of my car at a coin-op before i go into one of those..but anyways thats sucks....you should call that guy from city tv....that helps people that get riped off and stuff....cant remember his name but i bet someone here knows.
ill risk being frozen out of my car at a coin-op before i go into one of those..but anyways thats sucks....you should call that guy from city tv....that helps people that get riped off and stuff....cant remember his name but i bet someone here knows.
silvermen helps?
01-Feb-2005, 04:20 PM
#23
Guest
Posts: n/a
Originally posted by jattz4g
the damn idiots says we not liable . but they will pay half.. my dad was like **** no .. ur workers werent doing the job.. my manager is like (work nexxt to them) says theres signs and stuff like that.. and bs he thinks hes always rite but that got me mad. hes like all the court has to see is the rules and thas it. im like hell no.. what if that happened to u.. he just shut the hell up.. cuz i kno my manager would complain cuz hes a ********.. word of advice DONT GO TO SUPERSUDS CAR WASH...IN BRAMPTON.. the wash is really ****. like the back of the van didnt get cleaned. its sad. now if my rents file a law suite i mite get fired... (worked there for a month now) but then i would file another law suite.
the damn idiots says we not liable . but they will pay half.. my dad was like **** no .. ur workers werent doing the job.. my manager is like (work nexxt to them) says theres signs and stuff like that.. and bs he thinks hes always rite but that got me mad. hes like all the court has to see is the rules and thas it. im like hell no.. what if that happened to u.. he just shut the hell up.. cuz i kno my manager would complain cuz hes a ********.. word of advice DONT GO TO SUPERSUDS CAR WASH...IN BRAMPTON.. the wash is really ****. like the back of the van didnt get cleaned. its sad. now if my rents file a law suite i mite get fired... (worked there for a month now) but then i would file another law suite.
I was just wondering, you try buffing it out? It may save you a lot time/hassle/money.
01-Feb-2005, 05:11 PM
#24
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Join Date: Sep 2004
Posts: 59
lol...eker, not that easy to buff...i have pics, theres a hole in the fender from the antenna being ripped off, and its all dented too. the dmg done doesnt look like much, its a 1000 bucks avg from 4 body shops. i wish is was a buffing out job...but its a whole new fender job...i would post but i dont know how to sry guys
jattz
jattz
01-Feb-2005, 08:47 PM
#25
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Join Date: Mar 2004
Posts: 330
Regardless of what any sign says, the onus is on the owner of the car wash to ensure that the equipment he uses is mechanically fit to provide the service being offered to the public.
If the equipment is not properly maintained, and damage to a customer car then results as a result of equipment failure, the car wash owner has in effect caused damage to your car by his own negligence.
You have to be able to show that the damage to your car was caused not by ordinary car wash operation but by the car wash mechanism actually falling apart and onto or against your car. Witnesses would help a lot, either people who were with you, or people who were waiting in line to wash their cars after you, or people who did or saw the repairs done to the car wash afterwards.
If the equipment is not properly maintained, and damage to a customer car then results as a result of equipment failure, the car wash owner has in effect caused damage to your car by his own negligence.
You have to be able to show that the damage to your car was caused not by ordinary car wash operation but by the car wash mechanism actually falling apart and onto or against your car. Witnesses would help a lot, either people who were with you, or people who were waiting in line to wash their cars after you, or people who did or saw the repairs done to the car wash afterwards.
03-Feb-2005, 01:29 PM
#26
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Join Date: Oct 2004
Location: Pickering
Posts: 1,068
These are some of the reasons why I go to coin washes/wash by hand...I once took my car through a car wash and my rear wiper almost got ripped off...never doing that again!
Learn from other ppls experience's!! It's not worth the time or money.
Learn from other ppls experience's!! It's not worth the time or money.
03-Feb-2005, 01:52 PM
#27
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Join Date: Jan 2003
Location: on a race track
Posts: 17,846
I still think that the owner is free and clear by issueing a warning.
does this mean that even though McDonalds coffee cups now have the warning "caution Hot" on them if I spill it in my lap I can sue them? I don't think so. I was informed in writting of the potential to harm.
Same if I take my car to the under ground at city hall there are big signs that say "use at own risk" if one of those sprinkler pipes broke and swung down and hit my car. would they be liable? I think not they warned me.
I mean no offense to you with this but I do hope it goes to court. I'm pretty sure that once the fact that a sign reading "use at own risk" was posted in a visable location it would get thrown out of court.
and I know I'll be asked what I'd do if it happened to me. I'd call my insurance company.
does this mean that even though McDonalds coffee cups now have the warning "caution Hot" on them if I spill it in my lap I can sue them? I don't think so. I was informed in writting of the potential to harm.
Same if I take my car to the under ground at city hall there are big signs that say "use at own risk" if one of those sprinkler pipes broke and swung down and hit my car. would they be liable? I think not they warned me.
I mean no offense to you with this but I do hope it goes to court. I'm pretty sure that once the fact that a sign reading "use at own risk" was posted in a visable location it would get thrown out of court.
and I know I'll be asked what I'd do if it happened to me. I'd call my insurance company.
03-Feb-2005, 07:57 PM
#30
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Join Date: Mar 2004
Posts: 330
Originally posted by gatherer
I still think that the owner is free and clear by issueing a warning.
I still think that the owner is free and clear by issueing a warning.
The only thing the "at own risk" signs cover in those car washes is if damage results to a vehicle because of problems with the vehicle itself. In other words, if your paint flakes off, or your trim falls off, or of you end up with a flooded interior because your door seals are crap, then no, you can't sue.
But damage due to faulty car wash equipment is a totally different thing.
04-Feb-2005, 11:05 AM
#31
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Join Date: Oct 2004
Location: Pickering
Posts: 1,068
Originally posted by motti
Nope. By offering services for sale to the public, there is an implied warranty that the equipment used to provide those services is in fit and proper working condition. If it is not, and if damage is caused to customers because of that lack of fitness, the owner of the business is liable.
The only thing the "at own risk" signs cover in those car washes is if damage results to a vehicle because of problems with the vehicle itself. In other words, if your paint flakes off, or your trim falls off, or of you end up with a flooded interior because your door seals are crap, then no, you can't sue.
But damage due to faulty car wash equipment is a totally different thing.
Nope. By offering services for sale to the public, there is an implied warranty that the equipment used to provide those services is in fit and proper working condition. If it is not, and if damage is caused to customers because of that lack of fitness, the owner of the business is liable.
The only thing the "at own risk" signs cover in those car washes is if damage results to a vehicle because of problems with the vehicle itself. In other words, if your paint flakes off, or your trim falls off, or of you end up with a flooded interior because your door seals are crap, then no, you can't sue.
But damage due to faulty car wash equipment is a totally different thing.
04-Feb-2005, 12:55 PM
#32
Registered User
Join Date: Sep 2004
Posts: 59
what if there was a flag on the antenna...which there was and honest to god i totally forgot...plus this is my moms van...she has taken it to dozens of car washes and it have never happened??...what do u guys and gals think...i would like some input
thnx
jattz
thnx
jattz
04-Feb-2005, 03:32 PM
#33
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Join Date: Apr 2002
Location: in the MOSH pit
Posts: 5,550
If I walked around with a sign around my neck that said, I will kill you if you **** me off, does that make me not liable because everyone has had fair warning?
WTF is "Fair Warning"?!?
There is not such animal that exist in any consumer law that I know. I don't think that having the side of your car scratched up is a "reasonable" or "forseeable" consequence which is what the true measure of liability is.
It has nothing to do with putting up a sign.
WTF is "Fair Warning"?!?
There is not such animal that exist in any consumer law that I know. I don't think that having the side of your car scratched up is a "reasonable" or "forseeable" consequence which is what the true measure of liability is.
It has nothing to do with putting up a sign.
05-Feb-2005, 08:23 AM
#34
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Thread Starter
Join Date: Sep 2004
Posts: 53
It was mechanical failure gatherer. They are liable, it is that simple.
Anyway, I went back, showed him the pin that fell our of the arm mechanism in the carwash, should him the scratch and it was over.
About $1300 in damage and their insurance is covering it. They were actually very nice about it. He tried to get me to "let him repair it himself" but I said... No, the car is only two weeks old.
I am bringing it in next week to Center Honda body shop - lets hope they do a good job.
Thanks everyone!
Anyway, I went back, showed him the pin that fell our of the arm mechanism in the carwash, should him the scratch and it was over.
About $1300 in damage and their insurance is covering it. They were actually very nice about it. He tried to get me to "let him repair it himself" but I said... No, the car is only two weeks old.
I am bringing it in next week to Center Honda body shop - lets hope they do a good job.
Thanks everyone!
06-Feb-2005, 02:25 PM
#39
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Join Date: Feb 2005
Location: Durham Region
Posts: 2,548
sorry to ear bout the car bro...
e-mail silverman helps at citytv or somethin, but thing is he does post signs,
but is that sign posted to cover paint/surface damage to to high pressure water, (some touchless carwahses even breakwindsheild wipers and so on), or does that sign cover no dameage for machinery falling against your car and shiet...
i never use those touchless carwashes or n e carwash in general...
the best thing are the self serve car washes...
and if you want, go at night (most are 24Hrs), take a sponge and realy take your time, just be careful some have cams...
e-mail silverman helps at citytv or somethin, but thing is he does post signs,
but is that sign posted to cover paint/surface damage to to high pressure water, (some touchless carwahses even breakwindsheild wipers and so on), or does that sign cover no dameage for machinery falling against your car and shiet...
i never use those touchless carwashes or n e carwash in general...
the best thing are the self serve car washes...
and if you want, go at night (most are 24Hrs), take a sponge and realy take your time, just be careful some have cams...
06-Feb-2005, 02:29 PM
#40
Registered User
Join Date: Feb 2005
Location: Durham Region
Posts: 2,548
here is silverman, the guy who was mentioned b4...
Contact Peter Silverman:
[window]toronto.citytv.com/personalities/content/silverman_peter.asp[/window]
SHOW DESCRIPTION:
Helping people get justice when dealing with the private and public sector.
Helping people get justice when dealing with the private and public sector.
[window]toronto.citytv.com/personalities/content/silverman_peter.asp[/window]
