Damage Claim Advise needed

[doublj70]

Hello,
I got a message from an upset customer that the swivel broke where the high pressure hose attaches to the boom, and the hose fell and hit her car, and the boom bounced up and broke a fluorescent tube on the ceiling, and the glass came falling down on her head. I have seen something similar happen, but only from someone not hanging up the gun, and catching the hose in the bumper while driving out, but she says she was just washing her car, and it came down. She said she had a little cut on her head, and went to kaiser, and they gave her a tetanus shot. I met with her and she showed me a 1" scratch/ding on her front fender, which she said was the only damage(and her car had other dents, so I don't think she would fix it anyway). She said she just wanted to put it behind her, so I offered her $200, and she said she was going to discuss it with her father. Later she left me a message saying because of the ding, and her chipped windshield (which she didn't mention previously), and her emotional stress, she wants $1000. I think that is unreasonable, but I am wondering if anyone has experience on refusing... I was thinking to try an negotiate more, but I wanted to check with you guys on the Forum first. I have a $1000 deductible, and what I don't want to happen, is have a claim made, and the insurance company agree to pay anyways, and I'm still out my $1000 deductible and have a claim on my record and get my rates hiked. If anyone has had a similar experience, I would love to hear about it.
Thanks! John

 

[MEP001]

If you think what she said happened really happened and you feel you'll get out of it under $1000, don't even go through your insurance.

 

[Indiana Wash]

I had someone who claimed damage that I did not believe was caused by my wash and they eventually turned it into their insurance. Their insurance contacted my insurance and my insurance did not pay.

That being said, if I felt that my wash caused the damage, I would have paid a reasonable amount. No attorney around here would take a case for $1000 without charging $500 up front. You need to do what you think is right, but don't be bullied.

 

[Earl Weiss]

If there is a claim for injury as well make sure you have a good release of all claims signed.

 

[Kevin James]

I see nothing but liability here on your part.

#1 – Why is the high pressure boom hose long enough to hit a florescent light bulb?

#2 – Why is there an exposed (Unprotected) florescent light bulb in the bay?

#3 - Why isn’t the florescent light bulb not protected by a plastic diffuser?

Offer her $500 and if she doesn’t take it tell to take you to small claims court. If she decides to take your offer have her sign a release and do not give her cash.

 

[Indiana Wash]

I see nothing but liability here on your part.

#1 – Why is the high pressure boom hose long enough to hit a florescent light bulb?

#2 – Why is there an exposed (Unprotected) florescent light bulb in the bay?

#3 - Why isn’t the florescent light bulb not protected by a plastic diffuser?

Offer her $500 and if she doesn’t take it tell to take you to small claims court. If she decides to take your offer have her sign a release and do not give her cash.

I don't think the OP ever argued liability. I think he realizes he is liable. He was just questioning damages. Those are two separate issues.

 

[packerscw]

I would not go through insurance and would maybe look to installing a camera in each of your bays. So just in case this happens again then you know exactly what happen

 

[rph9168]

I think her father is trying to be an amateur lawyer that watched too many legal shows on TV. Negotiate. The issue of emotional distress is ridiculous.

It doesn't sound like someone interested in repairing any damage so I would offer to pay for repairs and see what they say. Depending on the windshield it should only cost $200 - $400 to fix and depending on the ding it might be repaired by a place that repairs those kinds of damage. Total should be not be near $1,000. Offer to pay for repairs or settle for no more than them $500. If they don't agree let them go to small claims court. Doesn't sound like someone who would take it that far. I think they are looking for a quick buck.

 

[PaulLovesJamie]

So, the hose falls and scratches the front fender (not "dents"), then bounces all the way up to chip the windshield (chip, not crack.) Meanwhile the boom bounces up to break a light bulb (my booms couldnt do that), and something falls and cuts her head -- maybe a 1/10 ounce piece of flourescent bulb? Maybe the magic hose that already got the fender and windshield?

Admittedly the only info I have is what you wrote in this post, but it sounds to me like you're being scammed. I'd tell her to turn it in to her insurance. Period.

NO POSSIBLE WAY I would pay for emotional stress without a court order to do so. No way.

Now, if you are certain that the damage was caused by your equipment (NOT by her hooking the hose as she pulled out), then I'd tell her to get repair estimates, at which point you'll decide whether to pay them (after you see them fixed & final copies of the bill) or turn it in to your insurance company.

I strongly agree with Kevin/Earl/others - if you settle anything personally, get waivers signed. The insurance co's &/or courts would, so you should too.

 

[Indiana Wash]

Now, if you are certain that the damage was caused by your equipment (NOT by her hooking the hose as she pulled out), then ....

Why does he need to be certain to pay? I believe that since there are no video cameras, the uncontroverted testimony would be that is what happened. What's the OP going to do? Show up at Court and say, I think she's lying. Not for any reason in particular but just because that's what I think of all of my customers?

 

[JMMUSTANG]

I would tell her that you talked to your insurance company and they said she has to prove that the damage actually happen at your wash.
Ask her if she got a police report at the time of the alleged damage.
If so your insurance company would like a copy of that report, because when you talked to her she did not mention at all to you that there was any damage at all to her windshield.
Tell her that your deductible is $250 (don't tell her it's $1,000) and you are willing to pay her that amount to resolve this issue and that is all your willing to pay her.
Otherwise she will have to report it to her insurance company and her insurance company and your insurance company will fight it out.
Make sure you have your agent give you a release form waiving on your part any and all liability, personal or corporate, for her to sign if she decides to take the $250.
In the memo area on the check state that payment is in full for any and all damages and liabilities on her car and person.

 

[Indiana Wash]

Or you could just be honest. I know that's a crazy idea.

Hey, I am sorry you had a problem at my car wash. I really can't pay you $1000. I have insurance that takes care of that type stuff. If you need that amount in damages, you would have to turn in the damages to your car insurance company and they will decide whether they want to pay it and charge it against your insurance or whether they feel they can recoup from my insurance.

If you don't want to do all that, I am willing to pay for your repairs in the amount of $XXX (250?) and just put this behind us. I am sorry you had a problem but I am trying to work with you. Just let me know what you want to do.

 

[JMMUSTANG]

I had a customer years ago that said my wand hose broke off at the handle and put a small dent in her car. PERIOD.
The next morning I went to the wash and indeed saw that the hose had a hole by the gun but had not broken off from the gun handle.
I called her and said I saw a small hole in the hose but notice it did not break off at the handle. I checked the gun and it was working fine just the hose had a hole in it.
After she hee-hawed around she admitted that her shoes where getting wet and she actually dropped the gun (still connected to the hose) to the ground and that's when the gun hit her car putting a dent the size of a golf ball in her car.
Knowing that is was not going to be a huge expense I told her that I would pay to fix the dent.
Two days later I got a call from her insurance company wanting my insurance company name.
Two or three weeks later my insurance company calls me and said they thought it was just a small dent but they received a bill for a dental procedure because she claimed that the gun hit her in the face and mouth breaking/chipping several teeth.
Long story but the bill was in excess of $3000 and I had to pay a $1000 deductible.
No way did that happen but my insurance co. didn't want to fight such a small claim.
You think customers are always honest, give me a break.

 

[1carwash1]

First off, I suggest you read your insurance policy. To be covered against any present or future claim, you might be obligated under the policy to report this incident to your insurance company in a timely manner.
JMMUSTANG makes a good point, sometimes these things escalate.
Secondly, I would never personally negotiate or agree to any settlement, especially when there is an injury. My advice is to document the incident and forward it to your insurance company and let them handle it.

 

[Indiana Wash]

I had a customer years ago that said my wand hose broke off at the handle and put a small dent in her car. PERIOD.
The next morning I went to the wash and indeed saw that the hose had a hole by the gun but had not broken off from the gun handle.
I called her and said I saw a small hole in the hose but notice it did not break off at the handle. I checked the gun and it was working fine just the hose had a hole in it.
After she hee-hawed around she admitted that her shoes where getting wet and she actually dropped the gun (still connected to the hose) to the ground and that's when the gun hit her car putting a dent the size of a golf ball in her car.
Knowing that is was not going to be a huge expense I told her that I would pay to fix the dent.
Two days later I got a call from her insurance company wanting my insurance company name.
Two or three weeks later my insurance company calls me and said they thought it was just a small dent but they received a bill for a dental procedure because she claimed that the gun hit her in the face and mouth breaking/chipping several teeth.
Long story but the bill was in excess of $3000 and I had to pay a $1000 deductible.
No way did that happen but my insurance co. didn't want to fight such a small claim.
You think customers are always honest, give me a break.

What would ever make your insurance company think that her insurance company would fight such a small claim??? I mean that's what we are talking about here. Their insurance company would have to sue to recoup that money. Like I said, I had an incident where the damage was clearly not caused at my wash. I told my insurance adjuster not to pay. End of story.

 

[PaulLovesJamie]

Or you could just be honest. I know that's a crazy idea.

My apologies, rather than "certain" I should have said "beyond a reasonable doubt."

But "honest" implies truth & fairness, that knife cuts both ways. Meaning that paying false claims is not honest. Based on the original post this strikes me as a false claim which is why I'd want an outside opinion, ie the ins co or small claims. Its funny how many people do not want anybody to inspect their claim, they just want to be paid.

Like the guy who told me I had to pay him $1000 to repair scratches caused by my FB. He even told me he is an expert witness because he does detailing. I thought the half dozen 5 foot long scratches looked like he was keyed, I do not believe my equipment did this. So I told him to file the police report that my insurance co would require. He would not call the police, and became agitated when I said I would. Does that make me dishonest? I dont think so, even though I didnt have proof.

I agree that if the claim is real, you need to take care of it one way or another. But the first half of the sentence is "if the claim is real."

 

[GoBuckeyes]

First off, I suggest you read your insurance policy. To be covered against any present or future claim, you might be obligated under the policy to report this incident to your insurance company in a timely manner.
JMMUSTANG makes a good point, sometimes these things escalate.
Secondly, I would never personally negotiate or agree to any settlement, especially when there is an injury. My advice is to document the incident and forward it to your insurance company and let them handle it.

I do know that there is a 'point of no return' that you can cross representing yourself. Once you cross it, your insurance company will not cover you and you are on your own. I've discussed this several times with my insurance agent when various claims have arisen. For example, someone claims my automatic damaged their vehicle, I check my video and am confident it wasn't any fault of mine. I'll call my agent and he tells me I can turn it in, but that they may decide to pay it because its cheaper to do so if it were to go to court. I decide to let the guy take me to smalls claims, at which time my agent advises me, if I lose, my insurance company isn't going to pay because I chose to represent myself.

Personally, I hate paying for anything that wasn't legitimately my fault. I have no problem representing myself when I have sufficient evidence to prove I'm not at fault. My question for you is, was the hose broke off at the boom and the light broken? She may have cell phone pictures to go along with her hospital bill.

 

[boywonder]

I might be stupid, but did you have to replace a swivel and lights in a bay in one shot. To me if you didn't do any of that, then it didn't happen. Cover your tail and get some cameras. How long has it been since your customer says it happened. Usually if they leave your lot without calling the police to make a report, or contact you within a reasonable amount of time (24 hours or less) then it sounds like a scam.

 

[Pro-Techt]

You shouldn't have to pay a deductible when a 3rd party (claimant) is making a claim. $1000 payout is a drop in the bucket for someone young to receive a cut on her head and damage her car. I hope there's not a permanant and noticeable scar or else it could easily be several $10's of thousands in damages. I'd say it's a toss up. Pay the $1000 as long as you get a complete release signed by her and her father. And maybe even have it drafted up by your attorney. OTOH, turn it into your insurance company and risk your premiums going up for several years.

 

[JMMUSTANG]

What would ever make your insurance company think that her insurance company would fight such a small claim??? I mean that's what we are talking about here. Their insurance company would have to sue to recoup that money. Like I said, I had an incident where the damage was clearly not caused at my wash. I told my insurance adjuster not to pay. End of story.

It's called arbitration and insurance companies do it all the time.
I do as you have done and report any major issues as far as damages to a customers car is concern to my insurance company and they will send an adjuster out and decide if the damage happened at the wash.
If they do not believe it happen at the wash they will deny the claim.
If the customers insurance co. does not agree it goes to arbitration, not suing.
As far as what my insurance company thought at the time of the incident I brought up I cannot tell you what they thought at the time because I am not them.