If a car wash will not pay for damages, what can I do?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a car wash will not pay for damages, what can I do?
I took my car to the car wash and upon exiting there was a crack down the middle of my windshield. The owner keeps telling me that they are no responsible for the crack because there was already a chip in my windshield and they car wash made the crack because of the chip. What are my options?
Asked on April 5, 2016 under Accident Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you believe that they were at fault--that, for example, there was something wrong with their equipment and it cracked your window despite there being no pre-existing flaw or crack in it--you could sue them for the repair or replacement cost. To win, you'd have to convince a court by the "preponderance of the evidence"--that it is more likely than not--that the carwash caused the damage. You can use your testimony and that of anyone else who saw your car just before the wash, to try to convince the court there was no already-existing damage. For the likely amount of money at stake, suing in small claims court, as your own attorney ("pro se") to save on legal fees is a good option.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.