Jump to content


Photo

The car wash ate my antenna!


  • Please log in to reply
18 replies to this topic

#1 Ad Astra

Ad Astra

    Power to the Meeple!

  • TJNR Member
  • PipPipPipPipPipPipPipPip
  • 2,919 posts

Posted 28 October 2010 - 10:59 AM

My wife and kids took the car through the local gas station auto-wash after a dog pissed all over the driver's side door this morning. She called me all pissed off, saying that the car wash had malfunctioned -- one of the main spinny-turbine things that goes over the top of the car wasn't moving, and when the car went through it TORE OFF the radio antenna. Like, completely.

She went into the gas station and talked to the attendant, who was all "Oh, like, yeah, that thing's been broken for a few days now. Call my manager."

To make a long story short, thus far the manager will not return calls to his cell about the issue, and the local dealership says it'll cost $625 to repair. Our insurance deductible is $500.

So my question to all of you is:

1) Shouldn't the manager who oversees that car wash be responsible for repairing our vehicle, since it was his fucking broken machine that caused the damage?

2) Do we have recourse to pursue this in small claims court if the fucker doesn't come through?

3) Other options?

#2 BDub

BDub

    Would you like some making fuck?

  • Moderators
  • PipPipPipPipPipPipPipPipPipPip
  • 6,300 posts

Posted 28 October 2010 - 11:03 AM

I think they should have to pay. If the person you spoke to had said that it was broken for a couple of days and they had no noticed posted then, yes.

What type of antenna was it? Was it one of the ones at the top of the roof in the back of the car? Those are pretty hard to knock off and shouldnt be an issue with a car wash. If it was a stick antenna, your wife should have removed it, or retracted it (if you can on your car type) - because those shouldn't be out in a car wash anyways.
Posted Image

#3 Bluenoser

Bluenoser

    Canucklehead

  • Grumpy Auld Bastards
  • PipPipPipPipPipPipPipPipPipPip
  • 17,551 posts

Posted 28 October 2010 - 12:04 PM

Unless they have easily visible signage clearly stating "use car wash at own risk", I'd think you'd have a valid claim.
<a href="http://img225.imageshack.us/i/rick4.png/" target="_blank">Posted Image</a>

Driving and punching, driving and punching. It's going to be a hectic weekend.

#4 Ad Astra

Ad Astra

    Power to the Meeple!

  • TJNR Member
  • PipPipPipPipPipPipPipPip
  • 2,919 posts

Posted 28 October 2010 - 12:14 PM

It's one of those small stick antennas that sticks out of the back of the roof. Those things were designed to be sturdy and make it through car washes.

Not only did it snap off the antenna itself where it meets the base, it actually cracked the base itself and pulled it part way out of the roof.

The car is a 2010 Honda Fit. It's 10 months old. Ain't no way this wasn't caused by the car wash. And the manager fucker still hasn't returned multiple calls to his cell phone.

#5 KVL

KVL

    My common sense is tingling...

  • La Cosa Nostra
  • 14,919 posts

Posted 28 October 2010 - 12:21 PM

It's one of those small stick antennas that sticks out of the back of the roof. Those things were designed to be sturdy and make it through car washes.

Not only did it snap off the antenna itself where it meets the base, it actually cracked the base itself and pulled it part way out of the roof.

The car is a 2010 Honda Fit. It's 10 months old. Ain't no way this wasn't caused by the car wash. And the manager fucker still hasn't returned multiple calls to his cell phone.


Go back with a camera, check if there is any signage regarding the broken car wash or using the car wash at your own risk or any of that crap.

Then try and figure out the name of the kid who told your wife it had been broken for a few days.

Take tons of pictures of the damage.

Then call up the place and ask them who their insurance provider is.

If its part of a national chain of stations ask them simply who their direct superior is.
Posted Image

#6 Eric

Eric

    Trust the Computer! The Computer is your Friend!

  • The Commission
  • 7,712 posts

Posted 28 October 2010 - 12:35 PM

Every single one of those automated car washes I've used say's use at own risk, and tells you to lower your antenna.

#7 Egon Spengler

Egon Spengler

    titties

  • Tech Support
  • PipPipPipPipPipPipPipPipPipPip
  • 6,809 posts

Posted 28 October 2010 - 12:43 PM

they are absolutely liable for this, you are in the right completely, and they should have to pay the entire amount. the manager sounds like a fucking scumbag.

#8 nun

nun

    From the heart of Minnesota, here come the purple Yoda!

  • Moderators
  • PipPipPipPipPipPipPipPipPipPip
  • 15,524 posts

Posted 28 October 2010 - 01:05 PM

I don't think there's a judge that would rule your way. Car washes and antennae are natural enemies and it it's probably a common law of sorts that damage incurred is at the user's risk, not the owner of the car wash.

Sucks, but it's always something, isn't it?
Want to make conservatives angry? Tell them a lie.
Want to make liberals angry? Tell them the truth.

Posted Image

A government big enough to give you everything you want is a government big enough to take from you everything you have. -- Gerald Ford, 1974

Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same, or one day we will spend our sunset years telling our children and our children's children what it was once like in the United States where men were free. - Ronald Reagan

Depression is when you’re out of work. A recession is when your neighbor’s out of work. Recovery is when Carter’s Obama/Reid/Pelosi are out of work.

#9 Ad Astra

Ad Astra

    Power to the Meeple!

  • TJNR Member
  • PipPipPipPipPipPipPipPip
  • 2,919 posts

Posted 28 October 2010 - 01:11 PM

Every single one of those automated car washes I've used say's use at own risk, and tells you to lower your antenna.



Yeah, that's pretty standard. However, this machine was obviously malfunctioning as there were spinny bits that weren't spinning, including the one that passed over where the antenna is.

#10 BDub

BDub

    Would you like some making fuck?

  • Moderators
  • PipPipPipPipPipPipPipPipPipPip
  • 6,300 posts

Posted 28 October 2010 - 01:37 PM

Yeah, I agree with Ad. If it is malfunctioning, they should be liable as it isnt doing what it "normally" would do. And lack of signage makes them accept liability.
Posted Image

#11 Ad Astra

Ad Astra

    Power to the Meeple!

  • TJNR Member
  • PipPipPipPipPipPipPipPip
  • 2,919 posts

Posted 28 October 2010 - 01:48 PM

Yeah, I agree with Ad. If it is malfunctioning, they should be liable as it isnt doing what it "normally" would do. And lack of signage makes them accept liability.



I'm also reserving a special place in Hell for the Honda designers who made it so that in order to replace the antenna (a $25 part) you have to COMPLETELY DISASSEMBLE THE ROOF.

Repair = $25 part + $600 labor. :blink:

#12 Father Ted

Father Ted

    Ryan Cook - RIP

  • The Commission
  • 13,219 posts

Posted 28 October 2010 - 01:59 PM

'Use at your own risk' applies when the car wash is operating as per the manufacturers specifications.
This is to cover them for any 'unforseen' circumstances over and above normal operating standards.

If the staff member admitted that the wash was malfunctioning or broken, and knew that this was the case, then to have allowed the car wash to be used, made them liable for any and/or all damage.

It all comes under the law of 'tort' - offer and acceptance - and they offered to wash your car in a machine that is specifically designed for the purpose for a defined amount of money.
They must clearly and categorically state any potential risks or liabilities such as extended aerials, PRIOR to the 'contract' taking place, and if they do not, even AFTER the transaction is complete, then they are liable.

And if they knowingly allowed and completed that transaction, and entered that contract with you in the full knowledge that the machine was faulty, then not only are you entitled to all repairs, but compensation as well.
It is no different to paying for a ticket on a bus and the driver knowing that 2 of the tyres are faulty..... and admits he knew they where faulty after it crashed.


Under normal circumstances, it is the manufacturers of the car wash who's insurance would pay if there was damage to a vehicle, but because the owner of the gas station knew he was operating a faulty machine, he will be liable.
That is why he is not returning your calls.
And if he is merely a manager, his head office is going to give him hell.

Posted Image
WALL TO WALL BASTARDS! AN ECUMENICAL MATTER ELOCUTION! KNICKERS!

You're hotter than Sam you hot Irish hunk you.


#13 Eric

Eric

    Trust the Computer! The Computer is your Friend!

  • The Commission
  • 7,712 posts

Posted 28 October 2010 - 02:01 PM

However, the tricky part is that you are going to have to prove that the malfunction was responsible for the damage. In your example Ted, you can't say "Well, the bus had missed it's scheduled maintenance so the crash is their fault" How do you prove that it wasn't a functioning part of the carwash that did the damage?

#14 Sampson

Sampson

    I piss excellence.

  • La Cosa Nostra
  • 9,407 posts

Posted 28 October 2010 - 02:07 PM

However, the tricky part is that you are going to have to prove that the malfunction was responsible for the damage. In your example Ted, you can't say "Well, the bus had missed it's scheduled maintenance so the crash is their fault" How do you prove that it wasn't a functioning part of the carwash that did the damage?


The threat of legal action may be all he needs. Dishing out $625 is cheaper than going through the hassle of obtaining a lawyer, etc.
Posted Image
Founder of the Anti-Drivel Consortium
-----------------------------------------------------------------------------------------------------------------------
GT69MSR: nighty night my little snuggle muffin of love
GT69MSR: ;-)

#15 Father Ted

Father Ted

    Ryan Cook - RIP

  • The Commission
  • 13,219 posts

Posted 28 October 2010 - 02:12 PM

However, the tricky part is that you are going to have to prove that the malfunction was responsible for the damage. In your example Ted, you can't say "Well, the bus had missed it's scheduled maintenance so the crash is their fault" How do you prove that it wasn't a functioning part of the carwash that did the damage?


That's where you are wrong.

Knowing that the machine was faulty prior to entering a contract with them to have your car washed, makes THEM liable to prove that the damage was not caused by the machine.
And that is a waste of time on their part - the machine was malfunctioning before the car even entered the wash, and the operators knew it, but still entered into 'tort' contracts with the public.

If anyone had been injured, they would be not only facing a 'civil' action, but a 'criminal' action as well.

You cannot provide, let alone charge for a service, if you as manager, knows full well that the machine is operating outside or the manufacturers SOP's and 'Health & Safety'.
The machine should have been closed.

Posted Image
WALL TO WALL BASTARDS! AN ECUMENICAL MATTER ELOCUTION! KNICKERS!

You're hotter than Sam you hot Irish hunk you.


#16 Ad Astra

Ad Astra

    Power to the Meeple!

  • TJNR Member
  • PipPipPipPipPipPipPipPip
  • 2,919 posts

Posted 28 October 2010 - 02:13 PM

'Use at your own risk' applies when the car wash is operating as per the manufacturers specifications.
This is to cover them for any 'unforseen' circumstances over and above normal operating standards.

If the staff member admitted that the wash was malfunctioning or broken, and knew that this was the case, then to have allowed the car wash to be used, made them liable for any and/or all damage.

It all comes under the law of 'tort' - offer and acceptance - and they offered to wash your car in a machine that is specifically designed for the purpose for a defined amount of money.
They must clearly and categorically state any potential risks or liabilities such as extended aerials, PRIOR to the 'contract' taking place, and if they do not, even AFTER the transaction is complete, then they are liable.

And if they knowingly allowed and completed that transaction, and entered that contract with you in the full knowledge that the machine was faulty, then not only are you entitled to all repairs, but compensation as well.
It is no different to paying for a ticket on a bus and the driver knowing that 2 of the tyres are faulty..... and admits he knew they where faulty after it crashed.


Under normal circumstances, it is the manufacturers of the car wash who's insurance would pay if there was damage to a vehicle, but because the owner of the gas station knew he was operating a faulty machine, he will be liable.
That is why he is not returning your calls.
And if he is merely a manager, his head office is going to give him hell.



Ted, will you be my lawyer? I'll keep you nicely... uh, lubricated with Jameson's during your visit.

#17 nun

nun

    From the heart of Minnesota, here come the purple Yoda!

  • Moderators
  • PipPipPipPipPipPipPipPipPipPip
  • 15,524 posts

Posted 28 October 2010 - 02:36 PM

Since this would fall into Small Claims Court, the first thing they're going to want is documentation that you tried to work it out yourselves first. So make sure YOU'RE the one with copious notes and times and dates about when you tried to call, how many times, and any responses you get.

Having that will help you tremendously if it actually does wind up in front of a judge.
Want to make conservatives angry? Tell them a lie.
Want to make liberals angry? Tell them the truth.

Posted Image

A government big enough to give you everything you want is a government big enough to take from you everything you have. -- Gerald Ford, 1974

Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same, or one day we will spend our sunset years telling our children and our children's children what it was once like in the United States where men were free. - Ronald Reagan

Depression is when you’re out of work. A recession is when your neighbor’s out of work. Recovery is when Carter’s Obama/Reid/Pelosi are out of work.

#18 Father Ted

Father Ted

    Ryan Cook - RIP

  • The Commission
  • 13,219 posts

Posted 28 October 2010 - 02:37 PM

American law is founded upon British Law........ as is the case in all the British ex colonies! - and one of the corner stones is the Law of Tort .... "Offer and Acceptance"

For example:
If you go into a restaurant and use the cloakroom to hang up your coat, if there is no charge, and a sign says 'Use at your own Risk, then the owners are "not liable for loss or damage" as stated.
Now, if you pay $5, then that sign is irrelevant.
They have now entered into a contract with you, they offer to look after your coat for $5, and you have accepted. Once the money changes hands, the contract is complete.
And that contract stays in place until that coat is returned to you..... EVEN if the sign says the cloakroom closes at 1am and you arrive back at 1.15am.

They have a liability to look after your coat, and if you arrived at 1.15, the cloakroom may be locked, and even if can't be unlocked until the next day.... they are still fulfilling the terms of the contract, and having to go back the next day to collect it is at your expense.

If you arrived back at 1.15am and the cloakroom was open, and unattended, then you would be entitled to your money back for 'breach of contract'...... and if your coat was missing, then they would be legally liable to replace it.


It's the same as going into a shop, seeing a ipod priced at $14.99 instead of $149.99 and thinking you can demand that they sell it to you at $14.99
They can withdraw that 'offer' at any juncture PRIOR to the contract being completed.
If you arrive at the cash register and the cashier says that its the wrong price and you must pay $149.99, then they have withdrawn the offer.
However, if you pay the $14.99, the cashier CANNOT then say "Oh, that should have been $149.99, you owe me an extra $135", you can say tough shit...... the contract was completed when you accepted the $14.99!


The car wash incident is no different to the cloakroom
Only on this occasion, the restaurant knowingly had a gas fire heating the cloakroom, and it was under your coat. They are liable for the burn mark...... or have to prove that the heater did NOT burn your coat.

Posted Image
WALL TO WALL BASTARDS! AN ECUMENICAL MATTER ELOCUTION! KNICKERS!

You're hotter than Sam you hot Irish hunk you.


#19 Ryanella

Ryanella

    Moderator Emeritus

  • TJNR Member
  • PipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPip
  • 24,914 posts

Posted 28 October 2010 - 03:41 PM

FT wins the prize for the most times anyone has ever said cloakroom. Ever.

tFXjr.jpg





0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users