the people that owned the carwash has over 100 other washes. they wont pay so i contacted the bbb. my question is they are incoporaited. if i take them to small claims court. who do i make the paper work out to? what do i take to court. if they dont show how do i collect.I went to a car wash and recieved damage to the auto ---?
The other poster who said 'you are responsible for the damage because you gave them the keys' or whatever is an idiot.
If they damaged the car, then they should have to pay for it. I would start by talking to a lawyer, and put together a lawsuit to get your money.
If the damage wasn't too severe, and the lawyer would cost too much, then maybe try the small claims court route, take pictures of the damage (bring some 'before' pics if you have them to show that it wasn't always like that). It can be hard to prove unless you have a witness or something to say that it was fine when it went in, and damaged when it came out.I went to a car wash and recieved damage to the auto ---?
Do NOT contact your insurance company!! If you do, they will pay for your damages (assuming you have full coverage) but your rates will probably go up. Even if they dont, you will have a loss on your record which is not good.
See if the car wash will give your their insurance info. Then file a claim. If they wont give it to you, take the car wash to small claims court. Their insurance company will come to represent them in court. You will need to prove that the car wash did the damage to your car though, and that will be difficult.
If all else fails, contact your insurance co..but dont wait more than 30 days to tell them... or at least dont tell the insurance co that you waited more than 30 days. They may deny the claim if you do.
Good luck!
PS.. that chick above me doesnt know what she's talking about. If they are taking possesion of your car and providing a service that you are paying for... they ARE responsible for your car. Maybe they may not be responsible for antennas and aftermarket stuff... but they are definately responsible for damage that they cause to your vehicle.
I don't think you would win. You are giving them permission to wash your car and send it thru the car wash when you hand over the keys and pay. You are responsible for any damage. Your insurance should cover it.
Get a lawyer, and sue them in small claims court. It used to be that small claims was a court you could go to without a lawyer, but the last time I was there everyone had a lawyer. The car wash is responsible for the damage. As for who to sue, let the lawyer worry about it. If you want to do it without a lawyer, then sue the business by name, (Joe's Car wash. eg.) Take pictures of the damage and have 3 estimates to repair the damage. I know from experience.
I would contact your insurance company. They can pay your calim and then subrogate against the car wash. Talk to a claims rep.
