Car Wash Damage - Worth fighting?

Car Wash Damage - Worth fighting?

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Discussion

mw88

Original Poster:

1,457 posts

110 months

Sunday 26th April 2015
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Was being lazy a week or so a go, and decided to put the car through an automated car wash - Yes, I know.. Stupid thing to do!

Anyway, the brushes that clean the wheels decided to attack the paint work, causing two massive circular scratches in exactly the same place on both doors.

Got intouch with Tesco Customer Services, who closed the car wash as a precaution and got an engineer out to say there's no issue, but essentially gave me the "there's signs saying we don't accept liability" line.

Is it worth trying to push further?

Car wash was still closed Friday, over a week since reported, and 3 days after I got a letter saying there was no issue - If it's fine, why close it for longer than required?

Would the engineer have been made aware of the specific damage to my car? Or just given a task of "there may a problem, we're not telling you where, can you find it?"

Both front doors have exactly the same damage.

Crafty_

13,248 posts

199 months

Sunday 26th April 2015
quotequote all
IMHO It doesn't matter if it was faulty or not, if they don't accept liability, they don't accept liability..

A machine polish will fix the damage at the cost of a few microns of paint/lacquer..

bitchstewie

50,767 posts

209 months

Sunday 26th April 2015
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Well, IANAL but I can't help but think they have some liability if you're paying them to provide a service - I'd have assumed such a sign is to prevent people doing silly things like leaving their windows open or their roof down etc.

Like Crafty said, doesn't look like anything that couldn't be sorted with a machine polish, but I'd certainly be asking the question of Tesco - social media can apparently be quite useful for this.

Every little helps, or something like that.

Blaster72

10,772 posts

196 months

Sunday 26th April 2015
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That looks like the wheel brushes have done the side of your car instead of the wheels. Machine must be faulty.

The signs normally state they aren't liable for any damage or injury unless due to their own negligence.

The tricky part is finding out if anyone else had similar damage, reported it and nothing was done.

As above, the best action is to get it polished out and avoid that machine like the plague.

Sump

5,484 posts

166 months

Sunday 26th April 2015
quotequote all
I don't know anything about the law but surely they are liable for their machine causing damage? Isn't that what liability insurance is for?

Crafty_

13,248 posts

199 months

Sunday 26th April 2015
quotequote all
Sump said:
I don't know anything about the law but surely they are liable for their machine causing damage? Isn't that what liability insurance is for?
And presumably the sign suggesting they don't accept liability for damage?

Sump

5,484 posts

166 months

Sunday 26th April 2015
quotequote all
Crafty_ said:
Sump said:
I don't know anything about the law but surely they are liable for their machine causing damage? Isn't that what liability insurance is for?
And presumably the sign suggesting they don't accept liability for damage?
I can't see how sticking a sign up can get them out of it.

It's like a tyre shop having a sign up saying we are not liable for damage when they go and scrape your alloy on the tyre changer ....

Surely you can't just get out of it like that?

Crafty_

13,248 posts

199 months

Sunday 26th April 2015
quotequote all
"Cars parked at owners risk"

And other such disclaimers haven't just come about for sts and giggles, they are a get out clause.

ridds

8,191 posts

243 months

Sunday 26th April 2015
quotequote all
Sensors are out of range. Had this on the car wash where I work. It's a machine fault and they should be liable.

The machine is supposed to detect the wheel position but has failed to do so.

Fair enough not accepting liability when the machine does at is supposed to i.e. Taking your wiper or aerial.

Wheel washing your door is not part of the program though.

surveyor

17,767 posts

183 months

Sunday 26th April 2015
quotequote all
I really do not think that Tesco can rely on that disclaimer when the machine has misbehaved......

It's not a reasonable position to take.

Facebook, Twitter and CEO Email time....

Tesco
Mr Dave Lewis Chief Executive
Email dave.lewis@uk.tesco.com
Telephone 01992 646628 (Direct)
Switchboard 01992 632222
Website http://www.tesco.com
Social Media TF

dba7108

470 posts

167 months

Monday 27th April 2015
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my gf car was damaged by sainsburys machine last week. scratched the door mirror and wing. They asked her to get 2 quotes for respray

gazz81

172 posts

131 months

Monday 27th April 2015
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My wifes car was damaged by a car wash a couple of years ago, the previous car had lost it aerial to the main brush and when the wifes car went in it beat the bent remains from one end of the car to the other! After a few phone calls we were asked to get a couple of quotes from bodyshops. Turned out that it was beyond economical repair, 2002 focus requiring front and rear screen, front and rear bumpers, roof, boot and bonnet painting. Was abit peeved as it wasnt a bad car and certainly didnt feel it should be written off. In the end the car wash company agreed a cash settlement of the value of the car, no insurance to go through and abit of coloured polish it didnt look too bad!

Eclassy

1,201 posts

121 months

Monday 27th April 2015
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Funny how some people believe a sign can absolve a business of all responsibilty if they damage a customer's property.

Tesco are liable for this damage as their machine did not work correctly.

elanfan

5,516 posts

226 months

Monday 27th April 2015
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The signs denying liability would fall under the Unfair Contract Terms Act so if they have been negligent then they are liable..

Nigel_O

2,858 posts

218 months

Monday 27th April 2015
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Not pleasant, but quite easily corrected - an hour or two with a machine polisher will have both doors looking better than the rest of the car

I would imagine there's enough PH'ers with DA or rotary polishers to save you paying bodyshop prices - if you're in the Midlands and prepared to come to me, I'll do it for free

andygo

6,786 posts

254 months

Monday 27th April 2015
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I had a nice Golf GTi and foolishly went to a car wash one frosty morning. By the time I realised there was little water coming out of the brushes it was too late. The whole car looked like it had been rubbed down with a scouring pad, which in effect it had. Anyway it all polished out, paid for by the car wash people.

jhfozzy

1,345 posts

189 months

Monday 27th April 2015
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Worth pushing as, in my opinion / experience, Tesco will bend over backwards for customer service in cases like this.

As long as it's clear that the machine did the damage, they "should" pay up for remedial work.

Worth a letter / email or two.

Efbe

9,251 posts

165 months

Monday 27th April 2015
quotequote all
Crafty_ said:
"Cars parked at owners risk"

And other such disclaimers haven't just come about for sts and giggles, they are a get out clause.
no they aren't.

Stoofa

958 posts

167 months

Monday 27th April 2015
quotequote all
Aren't these "not liable for damage" similar to the "all breakages muist be paid for" signs?
I was under the impression, but more than happy to be corrected, that you cannot actually be forced to pay for damages in a shop. Of course if you go in ans start throwing stock around then your likely to get the police arresting you, but if you knock something over accidentally - well that is what shops have insurance for.
If you are feeling generous you can offer to pay or the middle ground of paying the trade price on something, but I didn't believe you actually had to pay.

Muncher

12,219 posts

248 months

Monday 27th April 2015
quotequote all
Stoofa said:
Aren't these "not liable for damage" similar to the "all breakages muist be paid for" signs?
I was under the impression, but more than happy to be corrected, that you cannot actually be forced to pay for damages in a shop. Of course if you go in ans start throwing stock around then your likely to get the police arresting you, but if you knock something over accidentally - well that is what shops have insurance for.
If you are feeling generous you can offer to pay or the middle ground of paying the trade price on something, but I didn't believe you actually had to pay.
You do have to pay, but only their trade price.