Disclaimer Signs

[DiamondWash]

I am dealing with an issue with a customer who claims out SoftGloss damaged his 1991 Chrysler Lebaron GTC (22yrs old) which I have trouble believing, seems he's trying to use our wash as the scapegoat for his damages our video clearly shows it. My question is: If we have disclaimer signs up before the wash stating not to use the wash if you have loose moldings, body damage, etc and at the bottom it states "Due to the Wide variety of vehicles and conditions Operator is not Responsible for damages". does that sign hold significant ground in court if we get that far?

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[MEP001]

I wouldn't put up a disclaimer sign that you aren't responsible for any damage, but the loose moldings/nonfactory items disclaimer is definitely a good idea.

It's incredibly obvious that the damage to that car is old (evident where the cracked paint has been touched up) and that it was caused by impact with some solid object (creased and not just dented).

We had a similar fraudulent claim which we turned over to the insurance company, who gladly denied it. Customer claimed the foam brush scratched her car. We had signs up stating to clean brush before use (She didn't), and we weren't negligent in our maintenance. The last words from the customer were "I'll see you in court." It's been around three years and no court yet.

 

[robert roman]

Each corporation I worked for posted some type of disclaimer. The businesses I owned did not.

The reason was as a customer, I was always most put off by disclaimer signs.

A carwash operator should have reasonable knowledge of vehicles as well as carwash industry.

For example, most dry cleaners understand how clothes are made and how to treat the different materials to obtain the best results, safely.

As a carwash operator, you should know enough about cars and your processes to deduce what happened.

For example, the white marks in the damaged fender trail off left to right. This implies forward motion of the subject against a surface. The striking surface could be stationary or moving in opposite direction or rotating brush.

If the white marks on fender and side molding are “paint,” what is likelihood foam material did this? None.

Also, examine pattern of damage. Trailing white scrapes start on upper left fender above molding, then there is an isolated dent lower fender and yet there is similar white scrapes on upper door panel, no damage lower door panel.

Although you really have to be there to examine damage, my bet is the driver glanced off a pole or another car.

 

[Earl Weiss]

While laws vary from state to state, you typicaly cannot (enforceably) disclaim damage for your own negligence. Now, you get into the issue of what is "negligence" .

Aside from that I tried to word my signs positively rather than negatively. For example. Instead of "We are not responsible for....." I use "Customer is responsible for.......".

I use one negative statement : "We are not responsible for the negligent driving of others." We have a tunnel washes. This helps with reagrd to those who tried to blame us because the customer had their car in gear and drove into the car in front, or reverse and drove into the car behind and somehow think we are responsible because it happened on our property.

I once asked a customer if someone drove into them in the Target parking lot if Target was responsible. They said "Yes". I just told them to contact whoever gave them their legal education and ask for their money back because they were taught wrong. (I now ask if someone drives into them on the street if the City is responsible.

 

[rph9168]

From my experience disclaimer signs can be a big help in court if they meet several conditions like that they are easily visible and in good condition. However the nature of the damage and condition of the vehicle also may come into play. If the damage was obviously caused by the wash and not by some negligence on the part of the customer you may still have a problem even with disclaimers. Unfortunately it also depends on the judge if you are taking it to court or the insurance company that sometimes will settle rather than go through the legal system. Bottom line, there is really no black and white rule on the value of disclaimer signs but I believe it is better to have them posted.

 

[DiamondWash]

This guy is desperate! he now is claiming that he has heard our "hot wax" has stripped off other customers paint which is totally BS. I need to invest in some of Allan Branch's "N-Spec Stix" does anybody have these at their In Bay Automatic wash?

 

[madscientist]

^^^^^^^^^^^^^

Allen Spears

 

[DiamondWash]

Oops my bad.

 

[Stuart]

When I have a claim on my IBA I take the car into the bay and try to make the arm touch the car. While doing this I am asking the customer how it hit the car since they were in the car they should know how it jumped off the rail hit the car and jumped back onto the rail. Knowing how my equipment works and there is no way it did the damage I try to get the customer to show me how it happened. This helps convince them it was not my equip.

All scratches, dents claimed by the customer must be consistant with how my IBA works before I consider that the damage might be from the equipment.