Accident to automatic by customer HELP!

[Day-nightsigns]

I had a customer enter the bay with a non-manufacturer flat bed pick up. The headache rack caught my SOFT GLOSS MAXX, did over $13k in damage, his insurance said “since he was still when the accident happened, it’s not his fault. Help me out with your advice!!! Have 5 cameras that caught the complete accident, but that’s not helping my case.

 

[washnvac]

Doesn't your disclaimer sign say no non-standard accessories?

 

[Randy]

I had a customer enter the bay with a non-manufacturer flat bed pick up. The headache rack caught my SOFT GLOSS MAXX, did over $13k in damage, his insurance said “since he was still when the accident happened, it’s not his fault. Help me out with your advice!!! Have 5 cameras that caught the complete accident, but that’s not helping my case.

About the only thing you can do is turn it over to your insurance company and let them fight t out with the pickup truck owners insurance company.

 

[Eric H]

his insurance said “since he was still when the accident happened, it’s not his fault.

and what did your insurance say???? There are certain rules and criteria involved with safely washing a vehicle, the customer did not meet the criteria that was specifically listed in the exemptions of liability listed on your signage. If his vehicle was over height for the machine BUT his vehicle wasn't moving when it caused the machine to (insert some type of damage here) who would be at fault?
Call your agent! Thats what you pay for. they will direct you to the proper person at the insurance carrier to handle this claim.

 

[pgrzes]

Do you not have a clearance height bar? If so do you have video of him hitting that? I had an overheight vehicle just about rip my High Velocity off the rails. My video clearly showed him hit the height bar twice, each time he stopped and opened the door and looked up at it swinging and went in anyway. As soon as I mentioned the video to their insurance Co. They asked where to send the check and for how much!!! If you dont have a clearance bar, you may hive some difficulty.

 

[Day-nightsigns]

Yes I have a clearance bar, but the headache rack on his truck was self-made and didn’t conform to the cab of the truck, you can watch the video and see what I mean.
My insurance company didn’t care a bit to help other than, “ well if you can’t prove anything to his insurance, you can claim it on yours” MiddleLothian insurance company, they have covered my car wash for 18 years.

https://www.midlothianinsurance.com/commercial-products/carwash-services

https://youtu.be/aDdAaldDcuE

https://youtu.be/ug8-numolyM

 

[chaz]

Hard to see what you mean from these clips.
May help to turn your devise to landscape and hold it steady when shooting off your monitor

 

[Eric H]

Yes I have a clearance bar, but the headache rack on his truck was self-made and didn’t conform to the cab of the truck

So this issue is that the rack is too wide at 72" off of the ground causing the gantry to contact the rack during the wash. Do you have a sign stating what you are NOT responsible for? https://www.kleen-ritecorp.com/p-40722-automatic-instructions-sign-blue-and-orange.aspx does this fall under "Non Factory Items"?
Are you speaking directly with his insurance company? shouldn't your insurance do the negotiations? If they deny the claim I would be calling a lawyer.

 

[I.B. Washincars]

There's going to be a lot of gray area on this one, with ammunition for both sides to use. This is a battle for your insurance company to fight. Get your wash fixed ASAP and let them argue over who pays.

I had a wash get destroyed last fall. Mine had gray area as well. The nyla-track chain feeding the top brush somehow hooked around the side mirror (no video, but driver and waiting customer verified this). This in itself was a 500-1000 dollar problem. He apparently panicked and felt the need to back-up to escape. With the top brush against the back of his cab, he shoved the gantry completely down the track, over the stop on one side, and part way out the door. The gantry was twisted 14" out of square, and of course not salvageable. This was a 4 month long saga, but my insurance company handled the whole thing. They sent out an engineer to analyze everything and determined that the drivers reaction to what was a rather minor problem was the cause of a $1000 problem becoming a $120,000 problem. My insurance footed the bill, less my $10,000 deductible. They are currently in subrogation with the drivers company. If they succeed in getting them to pay up I will get my 10K back as well.

This can be a long process, even with the professionals handling it. If your insurance decides to pay and not fight, well that's the way the cookie crumbles. Get your wash fixed now.

 

[DiamondWash]

Do you have cameras in the bay?, I would love to see the pics of the damage to the SoftGloss for 13k.

 

[Day-nightsigns]

The $13k repair cost came from the tall bush rear cover up by the arm that folds in. It fell down to the back of the machine and the machine pushed it against the wall. This causing most of the covers to be crushed on the right side. Then the wiper covers, wiper motor belt etc were also damaged as he pulled out. My covers are a metallic silver and will have to be painted, so the all the covers will have to be painted to match, thus the high cost of the repairs.
I have pictures of all the damaged parts and way more video, but didn’t care to share because that’s not really the problem here.

I have had this type of issue before and the car owners insurance paid without any questions, so I am sure it will be a lengthy ordeal. I just wanted your ideas because I know you all have these things happen too.