I was going to suggest this, too. It's certainly logical. However, it sometimes opens up another can of worms. You can attempt to collect from the car wash, but 99% of the time they will claim they are not responsible for any damage done to your vehicle. Usually they have signs posted around their property to that effect, and if you go to them they will point to the sign and say "See? It's not our responsibility." Usually these signs say something to the effect that the customer assumes all risk involved in using their facility. And their attorneys will argue that you, by going ahead and using the car wash-- even though you understood the risks involved-- are not entitled to bring suit against them for any damages you incurred.
I'm not an attorney so I don't know whether this position is supported by the law in your state or not, but be prepared for it. Or, if they're real skunks, they will claim that the damage was pre-existing. That is, the paint was like that before you went thru the car wash. How are you going to prove otherwise? I have had this happen to me at a dealership. Their 17 year old driver put a scratch on my car going around a corner while parking it, and they said "Oh, that was on there when we got the car." Well, of course it wasn't, but I don't normally take photographs of every square inch of my car before I take it to the mechanic so it was tough to get around. (Fortunately, the driver in this case was a little more honest than his boss and told me he had done it, so the dealer had to pay for the repair.)
Going after the car wash is not necessarily an easier or less obstacle-ridden route than going through your own insurance co. But who knows, you may get lucky and find an honest guy who will pay for the damage.
Mark
On Sunday, November 23, 2003, at 09:18 AM, Bill Conway wrote:
Insurance companies - like everyone, including us, follow the money. They insure the insured, not you. They are there to protect the one who is insured against loss and/or law suit. If the car wash was at fault, contact a lawyer, file a suit, claim damages, intentional negligence and all legal expenses against the car wash. Let the car wash deal with the insurance company, after all, they are the ones paying them. Not you. Follow the money.
And good luck in court.
Bill
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