My car was damaged in a car wash but the garage is denying liability as it says my roof rack was an accessory-?

Question

- that should have been removed before I entered the car wash.

What happened was the machine stopped midway through the wash, I was trapped inside the car by the two flanking washer rollers, I beeped my horn to get attention and help but to no avail, so I decided to just drive the car out, I explained what happened to the manager and he said that they were having terrible trouble with the machine and that a woman had been trapped by the same machine a couple of days earlier.

He came out and re booted the machine and I reversed the car in to get it washed again, however I soon noticed that the car was letting in water at the top of one of the rear doors, and realised then that the top washer roller that was above the roof of the car and out of my sight must have clipped the rear of the roof rack when I exited and pressed it down into the car roof, denting it, this is turn then compromised the top of the rear door seal and so allowing the water to seep in.

The defence solicitors are claiming that as there was signage stating that car 'accessories' must be removed before entering the wash, and that my roof rack was an 'accessory' and should have been removed beforehand - but the roof rack isn't just something you can whip off and whip back on again, it is a bolted-on integral part of my car just as the tow bar is.

They also stated that the machine was subsequently checked and found to be in working order and required no repairs, this conflicts with the earlier statement from the manager of the garage who told me it was giving them a lot of trouble lately and that at least one customer had already been trapped in it.

I have used this car wash several times in the past and several times since with no problems whatsoever.

Note too that the garage manager cleared me to re-enter the wash with my roof rack still in place.

Please advise me as to my rights and whether I should pursue my claim for damages against them.

Answer 1

okay so technically yes, the roof rack is an option to buy and probably considered an accessory. However it is not an accessory that come off easily as i'm assuming from your description this is one that is permanently attached and not the kind that you just strap on to the top of your car for a random trip.



Being the case of the above and as an adjuster i would have your "friend" contact their insurance company and pay the deductible and let them handle this with the other company. I have a luggage rack attached to my vehicle, permanently. Couldn't take it off if i wanted to and drive through may car washes. Now i will tell you that i do remove my antenna.



Personally I think your friend has a case and if I was your adjuster I'd go all the way on this one. Let your insurance company handle it. that's what they are paid to do.

Answer 2

Did you try calling your auto insurance company and filing a claim with them? Your auto insurance company IF they feel that the garage is liable for their actions will try to go after the garage. HOWEVER, in this case, since there was a sign posted, you might have a hard time getting your insurance company to subrogate against them.





On a personal note, my boyfriend took my car to the car wash about a year ago, he saw a sign that indicated that "we are not responsible for accessories like antenna's". My boyfriend realized my antenna was up before he went into the car wash, he got out of the car and tried closing it manually. My antenna is an automatic antenna which he had disconnected at an earlier date because it was not working properly on its own. HE FORGOT THAT HE DISCONNECTED IT! Needless to say... he brought my car home to me WITH A BROKEN ANTENNA! Grrrrr There was no one to blame but his stupidity in my case. LOL Well now I have a new antenna that works better than the old one thanks to him.

I know its not the same as what happened to you, but I thought you might find at least a little humor in my incident with a stupid automatic car wash!



Good Luck

Answer 3

Unfortunately the roof rack is an Accessory because it is an addition to the structure of your car, regardless of how it is attached.



As far as the car wash being faulty I would have possibly considered pursuing this issue but you willingly put your car back through it despite the comment from the garage manager, so that would go against you if you tried to take this to court.

Answer 4

Sorry but i cannot believe anyone would enter a car wash with a roof rack on,there is usually a disclaimer sign at the entrance and instructions,i.e remove areal turn in door mirrors etc and categorically no roof racks,im afraid its common sense.

Answer 5

What people forget about court is that it does not matter what has been said to you or what you think is right.



It what you can prove happened with evidence in order for you to make what the manager said stand in court, you would need a signed letter from the manager saying that the car wash was faulty and as a result you became trapped.



As for the roof rack, if it was not part of the car as standard when it was purchased it is an accessory.



As terrible as it is, these companies are not soft they will cover every angle they can.

Answer 6

nobody goes in a car wash with a roof rack on.

Answer 7

Two things - you used a car wash with a roof rack, even though there is a sign to not do so.- your fault.

You drove the car out whilst effectively the cycle was still going (whether the machine had stopped or not is immaterial). - your fault



Even if the machine was found to be faulty you would be assigned at least 50% of any blame.



You also went back into the machine even though it was faulty.???



p.s. Don't be so thin skinned - no-one has "abused" you.

Also if this was not you, then why have you written this in the first person??

Answer 8

Normally there is a sign saying no roof racks.A roof rack can damage the nylon brushes in a car wash

Answer 9

This is clearly not the place to be seeking legal advice. May I suggest the Citizens' Advice Bureau or, as somebody else has suggested, your insurance company. They are the experts, they will give you the correct answer.

Answer 10

The roof rack is an accessory. It's obvious that such an object is likely to affect the rollers. I always remove my aerial for this reason.

Answer 11

If the damage was caused by negligence, then the fact that there was a sign exempting the car wash operator from liability is irrelevant. If they caused the damage by reason of the fact that their machine was faulty or that they must have known it could cause damage to a plastic spoiler, then they're liable. What you need to do is get an "expert" (car mechanic) to say that it was obvious that a spoiler such as yours would be damaged in the car wash and that a reasonable car wash operator should have known that and should have warned you. keep on at them or at the minimum, tell your insurance company that you feel the car wash was at fault...they'll pursue them for you. Don't worry about the sign...it's nonsense!

Answer 12

yes you have a good reason to sue! they should clearly state no roof racks, go for it....sue them...