Notices
Non Scooby Related Anything Non-Scooby related

Legal type advice: Damage caused by jetwash brush attachment

Thread Tools
 
Search this Thread
 
Old 16 September 2004, 12:58 PM
  #1  
Big C
Scooby Regular
Thread Starter
 
Big C's Avatar
 
Join Date: Dec 2003
Location: Now showing in Texas....
Posts: 385
Likes: 0
Received 0 Likes on 0 Posts
Default Legal type advice: Damage caused by jetwash brush attachment

Hi all,
wonder if anybody else has had a similar experience?
I have drafted a note to the insurance people of a supermarket to progress a claim. The detail is in the note.

Can anybody offer any extra advice or anything that I should add in?


C

Insurance Department
Supermarket X
17th Sept 2004
C

To whom it may concern,

I recently reported an incident at your store XXXXX

After a conversation with XXXXX at your office, I understand this has been logged on your system, and you now await a letter explaining the event.
As a brief history to events:

I used the ‘jet wash’ facility at the above store on or around XXXXX to clean my vehicle.

The vehicle is a 2003 Subaru Impreza WRX AWD (just under 1 year old), Registration XXXXXXXX, worth in excess of £17,000 market value at this point in time.

I purchased a token to use the machine from the kiosk, and proceeded to use the machine situated on the forecourt of the petrol station adjacent to the main store.

During the cleaning process, I used both the spray lance and the brush lance. The cleaning process was completed satisfactorily.

On inspecting my vehicle after the cleaning was complete, I noticed several deep scratches evident on several panels of the vehicle, which were not there prior to me using the machine, consistent with some fault or foreign body on the brush attachment.

I reported this to a Mr X, the duty supervisor at the petrol station, who asked me to complete a form and sign it. I was informed that an insurance department to progress the incident would contact me.

I have not yet gained a professional estimate of the cost to repair the damage, but would expect this to be a considerable sum. I can supply digital images of the damage on request.

Can you please advise of the next steps, and progress the claim accordingly.

Yours sincerely,

C
Old 16 September 2004, 01:15 PM
  #2  
Brendan Hughes
Scooby Regular
 
Brendan Hughes's Avatar
 
Join Date: Oct 2000
Location: same time, different place
Posts: 11,313
Likes: 0
Received 4 Likes on 2 Posts
Default

Digital images might not be acceptable, as they can be easily altered.

Your word against theirs that the damage wasn't there beforehand. Good luck, not an easy one. I guess a witness to examine the brush is taking the P a bit though.

BTW, you might want to give them a deadline to reply by.
Old 16 September 2004, 01:24 PM
  #3  
OllyK
Scooby Regular
 
OllyK's Avatar
 
Join Date: Feb 2005
Location: Derbyshire
Posts: 12,304
Likes: 0
Received 0 Likes on 0 Posts
Default

You did give the brush a good shake and run you hand over it to check for gravel etc before using it didn't you?? People just chuck the brushes on the floor when they are done - no wonder they are full of cr*p
Old 16 September 2004, 01:50 PM
  #4  
penfold118
Scooby Regular
 
penfold118's Avatar
 
Join Date: Oct 2003
Location: Stafford & Notts
Posts: 609
Likes: 0
Received 0 Likes on 0 Posts
Default

My local jet wash has a disclaimer next to it, that basically says if it causes damage then tough s**t, not sure if that applies to the one you used ?

Good luck with the claim.....
Old 16 September 2004, 01:56 PM
  #5  
Brendan Hughes
Scooby Regular
 
Brendan Hughes's Avatar
 
Join Date: Oct 2000
Location: same time, different place
Posts: 11,313
Likes: 0
Received 4 Likes on 2 Posts
Default

I'd say the disclaimer was a try-on. Talk about "Not fit for the purpose".
Old 16 September 2004, 01:58 PM
  #6  
Freak
Scooby Regular
 
Freak's Avatar
 
Join Date: Jul 2002
Location: JFK/LHR
Posts: 3,571
Likes: 0
Received 0 Likes on 0 Posts
Default

yeah a hand car wash damaged my alloy years back.(they were brand new!)
It was a 'hand' car wash- but they neglected to tell me it got pulled through on a conveyer type thing with metal bars to keep your wheels inline.
Gouged massive chunks out of my rims which i was understandably hacked off with.

I complained- first thing they said was it was there before hand-nothing to do with us.
I then told him the rims were a day old, and as new and could provide reciept and pictures
He then said get it fixed and we will re-imburse you, but refused to give me that in writing

I realised i was onto a loser, so I put it down to experience and have not used or recommended them to anyone since then.

As above- good luck!! There is probably a disclaimer there- our local tescos jetwash certainly has one
Old 16 September 2004, 02:04 PM
  #7  
JoeyDeacon
Scooby Regular
 
JoeyDeacon's Avatar
 
Join Date: Feb 2000
Posts: 1,624
Likes: 0
Received 0 Likes on 0 Posts
Unhappy

Originally Posted by Brendan Hughes
Your word against theirs that the damage wasn't there beforehand. Good luck, not an easy one. I guess a witness to examine the brush is taking the P a bit though.
And their lies the problem, you have no proof that the scratches weren't there before you used their equipment. Add to this the sign they no doubt have stating they accept no liability for damage and you don't have a leg to stand on.

My advice to anybody who cares remotely about their car is to never use any of these public car washes and always wash the car at home.
Old 16 September 2004, 02:12 PM
  #8  
MattW
Scooby Regular
 
MattW's Avatar
 
Join Date: Jun 2001
Posts: 8,021
Likes: 0
Received 0 Likes on 0 Posts
Default

Absolutely. Used one close to me for years, always very clean and no problems.

Took my previous car an My03 Sti in Black there and it came away with deep scratches over most of the bonnet and wings. Never use the place anymore.

On the odd occasion I have driven past it, noticed a big queue of 4x4's and Transits covered in mud from the local building sites.
Old 16 September 2004, 02:21 PM
  #9  
Rob D
Scooby Regular
 
Rob D's Avatar
 
Join Date: Mar 1999
Location: aberdeen
Posts: 986
Likes: 0
Received 2 Likes on 2 Posts
Default

I agree with Olly here you should always give the brush a good clean before using on your car, this is one reason why I never use jet washes.
However at the jet washes I have seen there has always been a sign stating "the company does not accept any liability for damage to vehicles whilst using this equipment", if there is a sign then I wouldn't hope for much but if there isn't you may have a slim chance of a apology I'm afriad.
Old 16 September 2004, 02:27 PM
  #10  
brybusa
Scooby Regular
 
brybusa's Avatar
 
Join Date: Nov 2003
Posts: 1,156
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by JoeyDeacon
My advice to anybody who cares remotely about their car is to never use any of these public car washes and always wash the car at home.
Im with Joey, if your care about your car, dont use one, OK for cleaning underneath your car and the arches etc in Winter...

You may have picked the brush up after ive used it on my Enduro bike ..

Let us know how you get on with the claim
Old 16 September 2004, 02:58 PM
  #11  
ScoobyJawa
Scooby Regular
 
ScoobyJawa's Avatar
 
Join Date: Aug 2001
Location: Hampshire
Posts: 10,954
Likes: 0
Received 0 Likes on 0 Posts
Default

I can't believe people spend so much money on a car and still use those godawful (expensive) paint ruining devices - those and brush type car washes

They are renouned for it. At most just use the jet bit to spray under and over the car to get the worst off and finish it at home...............
Old 16 September 2004, 04:45 PM
  #12  
Diablo
Scooby Regular
 
Diablo's Avatar
 
Join Date: Sep 1999
Location: £1.785m reasons not to be here :)
Posts: 6,095
Likes: 0
Received 0 Likes on 0 Posts
Default

I'd bet it wasn't the brush but the hosepipes.

Number of times I've seen people drag them across he paint causing untold damage after they pick them up off the floor.

If you must use a jet wash brush, jet it first with the lance and then run your hand through it, and DONT let the hoses rub all over the car.

D
Old 16 September 2004, 04:46 PM
  #13  
what would scooby do
Scooby Senior
 
what would scooby do's Avatar
 
Join Date: Aug 2002
Location: 52 Festive Road
Posts: 28,311
Likes: 0
Received 0 Likes on 0 Posts
Default

It's only the 16th by the way
Old 16 September 2004, 04:48 PM
  #14  
paulr
Scooby Regular
 
paulr's Avatar
 
Join Date: Jan 2005
Location: Lincolnshire
Posts: 15,623
Likes: 0
Received 0 Likes on 0 Posts
Lightbulb

Originally Posted by Diablo
I'd bet it wasn't the brush but the hosepipes.

Number of times I've seen people drag them across he paint causing untold damage after they pick them up off the floor.

D
Very true.

If you've got a decent car best not to use them,who knows what cr@p they put in as detergent?
Old 16 September 2004, 06:01 PM
  #15  
Ian_S
Scooby Regular
 
Ian_S's Avatar
 
Join Date: Mar 2001
Location: Merseyside
Posts: 610
Likes: 0
Received 0 Likes on 0 Posts
Default

our claims department at work doesnt try to make recoveries form car washes because of the disclaimers, not worth the time or the hassle, and we run the largest fleet scheme in the country
Old 16 September 2004, 06:11 PM
  #16  
Tiggs
Scooby Regular
 
Tiggs's Avatar
 
Join Date: Feb 2001
Posts: 9,307
Likes: 0
Received 0 Likes on 0 Posts
Default

to be fair to the car wash firms....what do ppl expect?

you want to wash your car with a broom that spends 99% of its time lying it the ****e that has come of other peoples cars.......should think yourself lucky you only had a few scratches!

if you have no drive/hose commbo to do it at home the best bet is to use the car wash spray gun and a sponge of your own.

T
Old 16 September 2004, 06:39 PM
  #17  
gsm1
Scooby Regular
 
gsm1's Avatar
 
Join Date: Apr 2004
Location: New Jack City
Posts: 1,500
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by OllyK
You did give the brush a good shake and run you hand over it to check for gravel etc before using it didn't you?? People just chuck the brushes on the floor when they are done - no wonder they are full of cr*p
Exactly, I've only used one of these washes once and that was out of desperation. Using any kind of brush let alone one with bits of gravel in it is bad news for modern paintwork.
Old 16 September 2004, 07:26 PM
  #18  
sulli
Scooby Regular
 
sulli's Avatar
 
Join Date: Feb 2001
Location: The Ghost Town. Drives RS6
Posts: 1,821
Likes: 0
Received 0 Likes on 0 Posts
Default

1. You shouldn't have used the carwash -if it's a 17k car, handwash it you fool!
2. You don't say anything about a disclaimer, so it either wasn't there, or wasn't very noticeable. I think you have a very good case. Getting a quote for repairs would be a good thing to do - if it's less than a certain amount, say £500, they will probably just pay, as that will be their excess.
3. My car has a few stonechips and scratches. I'm off to find a jetwash with no sign, and then will use your letter as a template - cheers
Old 17 September 2004, 09:59 AM
  #19  
Big C
Scooby Regular
Thread Starter
 
Big C's Avatar
 
Join Date: Dec 2003
Location: Now showing in Texas....
Posts: 385
Likes: 0
Received 0 Likes on 0 Posts
Default

Thanks a lot for your considered and thoughtful replies.

A lot of what has been mentioned has already has already been covered.

They supervisor in the petrol station came out , had a look a tthe damage, had a look at the brush, and agreed with me that it was the brush that caused the problem (there was a gouge out of the plastic housing), which would only come in contact with the car at a certain angle, which fits with where the car is scratched.

I *never* use these bloody things as well, and decided to give it a bash (I usually only use the jet to clear off all the crap, then go home and hand wash it)

The comforting thing is that there was definately not a disclaimer on the machine.

I had a similar thing with an alloy wheel a few years back which was trashed when I went down the mother of allpotholes. Long story short, letter to council, told to get lost. There case was that they had an adequate inspection programme, and this stretch of road was last inspected 11 months ago. In the end I couldn't be arsed following it up, and ended up £100 out of pocket for a Pzero and £175 for a new alloy.

Thanks for the date reminder WWSD, I was waiting for some advice from s'net beore I posted it (i.e 17th)!
I just havn't had the time to get a quote for repairs (i'm sure most of it would TCUT out) but that's not the point. I recon it would be £200 or so at the most.

I'm havin a piece of them though, and will take it to the small claims if necessary.

Cheers again
C
Old 17 September 2004, 10:10 AM
  #20  
ProperCharlie
Scooby Regular
 
ProperCharlie's Avatar
 
Join Date: Oct 2004
Location: London
Posts: 4,797
Likes: 0
Received 0 Likes on 0 Posts
Default

afaik disclaimer signs don't actually make any difference to legal liability. either the owner of the facility has a duty of care to you or they don't. putting a sign up saying "no duty of care owed" (or whatever) doesn't make any difference to whether they actually have or not.
Old 17 September 2004, 12:27 PM
  #21  
mad_dr
Scooby Regular
 
mad_dr's Avatar
 
Join Date: Apr 2004
Posts: 934
Likes: 0
Received 0 Likes on 0 Posts
Default

I buckeled an alloy wheel a few years back too. It was on a tiny country lane near where I live and it fooked the wheel totally.

Sent them a nice long letter explaining what had happened and sent photos on a disk etc.

Got an apology but was told that as they had not been made aware of the problem, they wouldn't pay. I told them that my road tax was paid to KEEP the roads in good nick - not to let them fall into disrepair until a member of the public told them.

Ended up getting £500 out of them for a wheel, tyre, balancing, alignment and 'suspension parts' (Whiteline kit!) Also - they insisted on replacing my "fancy" £100 Smiths alloy with a "Standard part", which as it was a GTI-R, was £249 + VAT! Fools!

I've still got all the photos and letters at home somewhere. When I get angry about something like this, I'll ALWAYS win...

Moral is - Argue it and you'll get the cash.
Old 17 September 2004, 12:45 PM
  #22  
ALi-B
Moderator
Support Scoobynet!
iTrader: (1)
 
ALi-B's Avatar
 
Join Date: Apr 2002
Location: The hell where youth and laughter go
Posts: 38,034
Received 301 Likes on 240 Posts
Default

Originally Posted by paulr
Very true.

If you've got a decent car best not to use them,who knows what cr@p they put in as detergent?
Normally just truck wash detergent. Not a problem in it's own right.....

BUT, ANY jetwash, detergent or not (yes even your home one) will strip off any wax protection you have put on your car.

So, you'll need to wax it again everytime you jetwash it.
Related Topics
Thread
Thread Starter
Forum
Replies
Last Post
JimBowen
ICE
5
02 July 2023 01:54 PM
KAS35RSTI
Subaru
27
04 November 2021 07:12 PM
Mattybr5@MB Developments
Full Cars Breaking For Spares
28
28 December 2015 11:07 PM
Mattybr5@MB Developments
Full Cars Breaking For Spares
12
18 November 2015 07:03 AM
makkink
General Technical
10
01 October 2015 05:41 PM



Quick Reply: Legal type advice: Damage caused by jetwash brush attachment



All times are GMT +1. The time now is 05:41 AM.