Car Wash Expert for Jury Trial

[JChapmanIV]

Hey folks, I am an attorney looking to retain someone as an expert witness in a case involving property damage to a Mark VII system. The case is set in lower Alabama and the expert would need to be familiar with the market for used Mark VII systems and available to travel for deposition and possibly trial. If any of you have a suggestion of who I might be able to discuss this with, that would be a huge help.

As a side note, your forum helped me immensely as I came into this case -- what a wealth of information for someone who knew nothing about this industry.

Yours,
Jerry

 

[Greg Pack]

Try Steve Steve Stankiewicz at 251-422-2594. He handles mostly old ryko but he actively buys and resells various piece of used equipment.

I will also add that I do not know which side you are representing, but ask you to consider that tear out and installation labor is a sizable chunk of the cost of used equipment. Furthermore, my used water wizard that is fifteen years old has more value to me than another 15 year old water wizard, I know it's history of care and have confidence in its' reliability. A comprehensive refurbish on an automatic to bring it up to a high level of reliability can cost 10K-15K, and that is assuming the main components are still good.

 

[Roz]

Hey folks, I am an attorney looking to retain someone as an expert witness in a case involving property damage to a Mark VII system. The case is set in lower Alabama and the expert would need to be familiar with the market for used Mark VII systems and available to travel for deposition and possibly trial. If any of you have a suggestion of who I might be able to discuss this with, that would be a huge help.

As a side note, your forum helped me immensely as I came into this case -- what a wealth of information for someone who knew nothing about this industry.

Yours,
Jerry

You may find some helpful comps for that equipment on Carwashconsignment.com where many owners go to buy or sell their used equipment. There is also a Facebook page for selling used equipment. While an "expert" may be better for a court setting you will get concrete data points from the places where equipment is sold. You may even be able to ask Amy at Carwashconsignment to pull up all Mark 7 sales for X years back.

The three variables are the age of the machine, the number of washes performed, and the options/configuration of the machine above baseline.

 

[Earl Weiss]

, but ask you to consider that tear out and installation labor is a sizable chunk of the cost of used equipment

Furthermore, my used water wizard that is fifteen years old has more value to me than another 15 year old water wizard, I know it's history of care and have confidence in its' reliability.

Plus shipping and Tax. Also consider the Install may require not only equipment install but an electrician and Plumber as well.

Also it cannot be understated that the Value of a Piece of equipment you know the maintenance history of in place and operating at your facility is far more than that of a used piece of equipment with an unknown history.

 

[JChapmanIV]

Thank you all for the help -- great info on the hidden costs, value component of reliability/service history and the source for comps. EDITED HERE: The scenario I want to avoid is misvaluing the case due to my lack of expertise. On one hand, I can see the situation with which I am confronted as an "opportunistic upgrade." On the other, I can see that what appears to be "opportunistic" is actually in line with the going rate for fixing the damage in question. Best case scenario is that the expert in question can show me the errors in my thinking before I commit to them as part of the strategy of the case.

@Greg Pack Thank you for the lead -- I've landed at a full voicemail inbox, but I'll follow up with a text during business hours.

@Roz Thank you for the lead there -- the listings on that site have been my only measuring stick to get a laymen's sense of value. I will try to get in touch with Amy.

@Earl Weiss Good thoughts as well.

 

[Earl Weiss]

Thank you all for the help -- great info on the hidden costs, value component of reliability/service history and the source for comps. The scenario with which I am confronted is akin to an "opportunistic upgrade."

What you seem to be looking for is an opportunity to not pay fair replacement value. When it comes to most Car Wash equipment - if the "Bones" are good and has been well maintained it's the same as new or nearly new. The equipment is made of components that can be replaced with new components if the need arises and then it operates like new.

Reminds me when a driver damaged some of my equipment and I replaced broken plumbing fittings ourselves and the insurance company wanted to depreciate the cost of the elbows nipples etc. I hope the jury awards Replacement cost, Plus installation, plumbing and electrical plus lost income.

 

[JChapmanIV]

@Earl Weiss Good points again -- it may very well be the case that my lack of experience in this industry has led me to an unfair appraisal as a layperson. If that's the case, I'm hoping the right expert can educate me before I receive that education at trial from a jury. I'll go back to make my second post a little clearer. Thanks again for sharing a little bit of your expertise with me.

 

[Roz]

What you seem to be looking for is an opportunity to not pay fair replacement value. When it comes to most Car Wash equipment - if the "Bones" are good and has been well maintained it's the same as new or nearly new. The equipment is made of components that can be replaced with new components if the need arises and then it operates like new.

Reminds me when a driver damaged some of my equipment and I replaced broken plumbing fittings ourselves and the insurance company wanted to depreciate the cost of the elbows nipples etc. I hope the jury awards Replacement cost, Plus installation, plumbing and electrical plus lost income.

In two other cases where I have heard about a customer taking out IBA equipment or damaging such that it could not be easily repaired the customer or their insurance company paid replacement cost for a new unit to be installed. Owner got a quote from their rep and passed it along to the customer and their insurance company. A check for that amount was delivered within 10 days. If someone takes out IBA equipment there is no haggling or debate (unless owner is trying to recover lost revenue too).

 

[AnalyticWash]

In two other cases where I have heard about a customer taking out IBA equipment or damaging such that it could not be easily repaired the customer or their insurance company paid replacement cost for a new unit to be installed. Owner got a quote from their rep and passed it along to the customer and their insurance company. A check for that amount was delivered within 10 days. If someone takes out IBA equipment there is no haggling or debate (unless owner is trying to recover lost revenue too).

In my personal knowledge/experience this is no longer the case and insurance companies are trying more and more to reduce the payouts. I have seen claims drag out for 6 months+ while insurance company argued with the owners and equipment remained down. This was with a mainstream carrier who brought in their own experts to evaluate the damage against the opinion of the local distributor who said it was a total loss...

 

[OurTown]

In my personal knowledge/experience this is no longer the case and insurance companies are trying more and more to reduce the payouts. I have seen claims drag out for 6 months+ while insurance company argued with the owners and equipment remained down. This was with a mainstream carrier who brought in their own experts to evaluate the damage against the opinion of the local distributor who said it was a total loss...

Wouldn't dragging it out add to the payout for loss of all that income?

 

[AnalyticWash]

Wouldn't dragging it out add to the payout for loss of all that income?

Yes, but the burden of proof for lost income is on you (unless you trust the insurance company to determine a number). You will have a forensic account from the insurance company fighting you the whole time...In that particular case, the wash had two IBA's and it was very hard to show lost income as the second machine picked up the slack.