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John T
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TBH, anyone who uses a mechanical car wash when they have "attachments" on their car (whether original or add-ons) deserves all they get.
Of course these machines can rip bits off cars - that is why there are normally signs saying not to use them with aerials, luggage racks or other protrubances.
The law in the UK is that unless the machine was faulty and the owners knew it then you don't have a case. |
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Champagne. Lost for words.
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That's why it's called the SMALL print. Whatever the size, it always covers the company of any responsibility so you really don't stand much chance of winning this one. |
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GAVIN E
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Providing that there is a sign there stating that they accept no responsibility, then they are covered. |
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Cannonbolt
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I would take pictures of your car and whats happend,and how much its gonna cost to repair send this in an email to the supermarket chain. I know its not the same thing but ive complained about food items in the same way before and they always send vouchers.
They may just send you a cheque for the damage, its no skin off there nose they make millions of pounds each year. |
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Mu1
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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! |
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prince_henry
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it does not matter about the sign
you paid your money coz you was under the impression your car would be washed not ripped apart.
if the sign said pay a sum of money and we will damage your car then you got what you paid for but you did not pay for that to happen so they are responsible.
the same happened to me in a laundrette they had a sign up saying any damage at owners risk
well that's not how the courts saw it |
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cameronissim...
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if you can prove they did it, then sue them. Check with citizens advice which is free to do so. |
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frankturk50
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In the UK you cannot void responsibility by putting up signs most people are fooled by this method of trying to avoid civil liability.If you provide any service you are responsible if it goes wrong and someone claims damages .I have advised people on numerous occassions re this and they have all made successful claims. |
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AL G
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All car washes have this sign. Supermarkets also have signs up claiming no liability for loss or damage while your car is parked there.
The sign must be prominently displayed, normally at the entrance before you go through the car wash, how tiny is tiny? can it be read from your car?. If this was the case with you then you don't have a leg to stand on. |
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JZD
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The operator can exclude liability for damage as long as the sign was positioned before you entered.
In order to exclude liability for negligence they'd need to prove they took reasonable steps to draw the sign to your attention before entering.
But I doubt you can prove negligence. You can prove damage, but that's not the same thing.
I anticipate they'll say that very many cars use this car-wash daily without incident.
If yours was an after-market spoiler they'll simply say it was not fixed on properly.
Unless you can prove the car-wash was faulty and they knew or ought to have known it was faulty, you're on poor grounds to start making any claims for compensation.
Edit:
Frankturk50 is confusing civil liability for personal injury with simple damage. The provider of a service is not automatically liable for property damage unless they are proved to be negligent. The reasonableness of the disclaimer then comes into play.
MU1 may be a lawyer but (s) he's a wrong lawyer.
The mechanic is not an 'expert' in a court case. He's a mechanic.
There is no obligation on the operator to warn you before using the car wash. No matter what the mechanic might think.
That's the problem with YA in this section at least; lots of opinions, very few of them right. |
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MellowMan
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Better still write to the machines manufacturer, find the name on the machine itself. Point out your concerns and threaten legal action if they do not respond.
You could also contact BBC Watchdog, they love tackling large companies that fob off their customers and the bad publicity may make the supermarket change their minds. Link below.
Good luck. |
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Cheeky Monkey
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Confucius he say " if car less than 4 years old, never put it in supermarket car wash".
I think you might have a problem getting the supermarket to pay up. The problem being, there's nothing to stop someone with an already damaged car, claiming that the car wash did this.
I had the same issue years ago with a safari park. Some blasted monkey ripped the rubber seal off my window. It's just part of the joys of motoring I'm afraid.
I'm sorry this has happened. If you hassle the supermarket enough, they might give you some discount vouchers for a bottle of Cillit Bang or something. |
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collegeboy
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I think it will a rarity if there is not a sign at the car wash. These organisations are always very good at covering themselves against legal action. Sorry don't think you stand much of a chance of compensation. |
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hereiam
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No matter how big the sign is, if it is there then they are covered, you could try suing them but I think you will be wasting your money. |
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Gavin R
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In law you chose to use the car wash,so you have responsibility for the outcome. |
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WESLEY L
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You have no case at all. The sign warned you that the use of the wash was at your risk, which means just that.
It seems obvious to me that if the spoiler was only plastic, there was a fair chance of it being damaged. |
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