What are my rights if a carwash damaged my vehicle?

Asked on November 4, 2015 under Accident Law, Tennessee

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The carwash is liable for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable carwash would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit for negligence against the carwash, it may be possible to settle the case with the carwash's insurance carrier. If the case is settled with the carwash's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file a lawsuit for negligence against the carwash.  Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs to your car.  Depending on the amount of damage to your car, you may be able to file the case in Small Claims Court.  Your damages should also include court costs such as the court filing fee and process server fee.


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