Damage claim, what to do

[cherokee235]

Wow, one of those days. I had a customer with a 2009 Corolla drop in coins to start with the dial set at HP rinse and the someone earlier in the day had tiewrapped the handle to engage. The wand took off and broke his windshield and damaged the roof and the hood. I can't believe someone would do this, but here I am stuck with the damage.

I don't want to turn this into my insurance. I already have a suit pending for a slip/fall. Besides my deductable is $1k anyway. It will be about that much. How should I handle this? I told him to get an estimate and call me back. I'll pay, but how do I release myself from a future window leak, etc.?

I haven't had a claim in over 10 years. Now I have two in 6 months. Arrrgh.

 

[I.B. Washincars]

I don't think the deductible applies to liability, but just to your own claims, at least that's how mine is. I would just pay him for the damages and let him get the car fixed himself if the price is reasonable. If it is out of line I would check elsewhere and tell him you will pay the lesser of the two. I don't know whether you can dictate where he gets it repaired, but I doubt that it would be worth him fighting you over it when you have offered to pay, just not let him profit. I wouldn't give the window leak issue a second thought since the windshield installer would be responsible for that. I think you are worrying about it too much. Just pay for the damage and get on with life. Sometimes you're the windshield, sometimes you're the bug.

 

[Kevin James]

Give me a Freak’n break!!! I don’t think you should bear any responsibility in this incident. I find it pretty hard to believe that a gun is going to take off and do that much damage. Have you recreated the incident? How much pressure are you running on your pumps? Can you get the gun to fly out of it’s? Did you put the tie wrapped the gun handle? No. Did you have physical control of the gun at the time of the incident? No. Who’s to say that the customer didn’t set this up so he can get some previous damage repaired at your expense? I’d tell him to go you know what!!!

 

[pitzerwm]

Draw a piece of paper that he signs releasing you from all future claims. Then where ever he gets it fixed it will be their issue.

Unless you have some cameras and see what actually happed you could argue that he should have paid attention, but I doubt if that will fly in the courts today. The business is always wrong. Obama bashes us every time he gets a chance.

 

[Waxman]

I'm gonna have to agree with Kevin James. In a self-serve carwash, the customer has control over the wash process and it seems perfectly reasonable that the customer be responsible for the washing process. At no point is the vehicle in your care.

Someone else actually committed a crime by tampering with and altering your property and that is what caused the damage; it was due to no act of your own but of the person who tampered with the gun.

Stand up for yourself!

 

[Ghetto Wash]

If you are a member of SCWA there is an attorney on retainer for SCWA members and he will draw up a release of liability for you for no charge.

I used his advice a few years ago with a slip and fall.

Call the SCWA to get his contact info.

 

[cherokee235]

I may try to recreate the situation tomorrow. I was so upset about this I was beside myself. I didn't think about grabbing a tie wrap, walking to the bay with him and doing exactly as he said he did. However, about 30 years ago, my mother went to a car wash and the old style gun with no trigger got loose and beat her until she was black and blue. I mean she looked like she had been in a street fight. She felt like an idiot, but still the damage was done. Note there aren't guns out there in washes without triggers.

I know that incident was kind of replaying in my mind when I was talking to this guy, somewhat of a subconscience thank you that the guy wasn't claiming he was hurt.

 

[MEP001]

I just noticed a gun sticking on, probably left it in service too long. I use a full wand sheath and tip protector, and the gun is unable to push itself out of the wand holder.

 

[Reds]

I see a lot of my customers pulling the wand out of the holder before putting their money in the meter. Perhaps this guy was holding the wand when it was activated. I suspect that you are responsible to provide a safe operating environment and would be held liable in court. Customers are paying to use your facility and I think that when they pay they have a reasonable expectation for the wash to be in good operating condition, and safe for them and their vehicle, provided that they use it properly. Do you have cameras?

 

[Whale of a Wash]

I think it is possible to have the wand fly out, during hunting season I had some one ziplock a trigger and when i came to wash it, I barely was able to catch the wand as it came out of the wand holder. I would turn it into the insurance .
Its a new car and they always turn ugly, Who knows the two insurance co's may decide it isn't your fault.

 

[washnvac]

Don't the bay instruction signs say to hold onto the wand before turning to high pressure (or something along those lines)? I agree with the "do not pay it" folks. Customer is in control of the situation in the bay. This was not a result of any equipment malfunction or absense of proper maintenance.

 

[Randy]

I wouldn't pay his claim. What have you done wrong? This morning I wedged a tennis ball into the gun so the gun would be full On when the pump came on. I’m running the pump at 1500 PSI with a 1505 nozzle. When I started the pumps the gun and wand stayed in the holder, they didn’t move.

Years ago I had a guy try to collect on a broken windshield, he wanted me to pay his $200 deductible. He said that the nozzle blew out of the wand and broke his windshield. I set up a beer bottle and tried to get the nozzle to blow out of the end of the wand, it wouldn’t break the beer bottle. I laughed him off the property.

 

[pitzerwm]

I use to tell them to turn it in to your insurance company, when they contact me, I will give them my insurance company's name. That usually kills it.

 

[cherokee235]

I paid for the windshield today $239. I hope I'm done with it. I did recreate the situation in the supect bay. The gun took off from the out of the holder and flew 8' in the air before it circled around the bay like a water wiggle. I'm running 1k psi on my pumps. I'm going to put a pin through the holder that will catch the back of the barrel insulator and hold it in the holder. The customer will have to lift the gun up about 3/4" to get it out of its holder.

This should keep this from happening again.

 

[Randy]

I wonder why your gun will fly out of the holder at 1000 psi and mine don’t even move at 1500 psi? I’m using a 1505 nozzle? I wonder if the size of the nozzle makes any difference in the fly ability of the gun . What size nozzle do you use?

 

[pitzerwm]

The size of the holder would/could be the difference. Some friction on the inside, probably would solve it.

 

[Earl Weiss]

Wow, one of those days. I had a customer with a 2009 Corolla drop in coins to start with the dial set at HP rinse and the someone earlier in the day had tiewrapped the handle to engage. The wand took off and broke his windshield and damaged the roof and the hood.
h.

\

Sounds like a case that should be reported to Toyota for unintended acceleration.

 

[cherokee235]

I wonder why your gun will fly out of the holder at 1000 psi and mine don’t even move at 1500 psi? I’m using a 1505 nozzle? I wonder if the size of the nozzle makes any difference in the fly ability of the gun . What size nozzle do you use?

I use a 1503 water saver