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[omegod]

I decided to take my latest Omega purchase for a quick wash before it's MOT test, improves it's chances of passing don't you know

Went to the local supermarket car wash and all looked fine until the brushes came round for their second pass and to my horror realised that a foot long section of the brush material was missing ( later found on the floor) to my right leaving just a serrated length of steel exposed and making a merry mess of the paintwork my wing mirror. Further inspection when the torture was over reveals paint damage to the bumpers, wheelarch, rear quarter. Initial response from the girls in the shop was surprise as the brushes had only been replaced last week and a phone call to the store manager resulted in " no liability" clause being touted. Upon taking the car over to show him and pics of the missing brush he had a slightly different outlook  

I won't go into too much detail as this may go very legal but the first response from the owners of the machinery itself is for me to contact my insurers and give them their contact details.

I think I am left with a few choices :

stump up my excess and risk it not going my way and lose my clear claim history
stump up my excess, get it back and still have a claim on my clean history
Avoid the insurance company altogether and try and resolve it myself via estimates and hopefully settle it

Any experience of such situations of no fault damage or advice is welcome but I really don't see the point in this turning into a should have known better, I never use the evil things type comments please   

P.s It was only insured a sodding hour before I left the house and was minty immaculate

[MR MISTER]

That's a bummer, Jon. Not having much luck are yer mate.

[bigegg]

I would say it's a public liability issue, not a car insurance issue.
Get a couple of quotes for the fixing - take photos of the missing brush, and the damage.

Send the quotes + pictures to the manager, asking for his proposals for compensation.
Doesn't matter who owns the machine - your contract was with the supermarket (who you paid your money to)

Don't forget that in court, you can claim £18 an hour as a "litigant in person" so don't forget to add on the cost of your driving wound for quotes, and writing the letter

It sounds pretty cut and dried to me - if you go through your insurers, it WILL cost you in extra premiums next year (and the next, and the next, etc...)

[RobG]

If any signs were displayed re; no liability etc legally they carry no weight. Basically you are paying for a service of which apparently was not fit for the purpose. Providing you can show that you weren't negligent in using the car wash, you may have a case. Personally, I would return with a camera while the wash isn't being used and try and inspect the brush(es) which are on the side which caused the damage and take photos. Ask for proof that all recommended maintenance/service schedules have been adhered to and indicate that if you do not get a response within 14 days, you intend to seek further legal advice on the matter.

[omegod]

Indeed Ste, having a run of it lately Keep smiling though

Cheers guys. The disclaimer is null and void due to their duty of care and the obvious fault with the brush proves negligence on their part too, I take their request my insurance company contact them line to be a slight admission and as a sign they want it sorted out as they are supplying one of the biggest supermarket chains.

I have the relevant pics of the equipment in situ but won't post them up in case it goes legal and I could be accused of not giving them an opportunity to resolve it. I will phone my union solicitor tomorrow for some advice but keep the useful stuff coming people

[r1]

 I would keep your insurance company out of it.just get some quotes then submit then to the store.the store will try to fob you off by passing it on to there insurance company,but that's not your problem.give them 14 days then just go to the small claims court if they mess you about.

[MR MISTER]

This is a bugger. I guess you were hoping to get this sold. If you tell them that you're losing money that way, you are leaving yourself open to all sorts of nasty comebacks. I would be well pissed off with the situation.

[symes]

What about Trading Standards-could they help--and I would not go through my insurance--go through theirs-thats what they have it for--and as they said it was replaced before---why--what happened there then

[cem_devecioglu]

find a very good -recommended-paint shop (not an amateur) and ask for the repair price..  a good paint will require long time and will be expensive..

[bootie]

/\ what he said!

A Thatcham approved body repair shop should be able to be found in most large towns and I have no doubt they will be able to give you some advice at how to follow up the claim.

Best of luck

Jon

[78bex]

the only similar thing locally was a young lady left her MR2 with a hand wash crew
on her return an hour later. this mob had managed to front end it into the side wall.

She got cold shouldered by the owner, so she went to the local paper with her story.
The upshot was she got no compensation & her insurers dismissed her claim.

Different to your situation I know, but it makes you think twice about trusting your car to others.

[dbdb]

small claims court, see http://www.consumeractiongroup.co.uk/forum/showthread.php?354505-Car-damaged-during-auto-car-wash-***Settled-with-costs-after-Court-claim-issued**

"Small" claims is now claims of up to £10,000

[jonathanh]

as previous pose really.

the operator has the legal liability to you, don't get fobbed off on the manufactuer of the washer or their insurer etc.

simple step will sort this out

1) gather all evidence of damange, faulty machine etc

2) get quote for repair work

3) write polite letter requesting reimbursement of monies ( letter of claim under the small claims service)

4) follow the small claims timescales to the letter and if you need to follow that process


My guess is that as soon as the small claim notice falls on their mat they'll pay up but not before so be prepared to fight

[jerry]

what have the supermarket said? From what you have said about the manager's reaction he presumably is onside. The company will have liability insurance to cover such events. Certainly, as others have said, have photos etc for evidence, but contact the supermarkets head office customer service dept direct as well as having the store manager escalating it for you. Main thing is to try and avoid your car insurance being involved. The company may fight -as all do-but, ultimately all supermarkets these days like to boast of their excellent customer service and will not want bad publicity. Remind them of that. You may be pleasantly surprised by their attitude?

[omegod]

First quote is in.......£1350 plus vat