The bottom line is this.

You will have to prove in court that the damage was not caused while the vehicle was in your possession. They will have to prove it was caused while it was in your possession.

It is their word against your’s and all they need is someone to say it was not damaged prior to taking it to the car wash. Any recent (within 48 hours or so) work done to the truck at a shop that can claim the dash was not damaged may be all they need.

Bottom line is, and the sad part about it is. As a business owner you are responsible for any damage to your customer’s property once they leave it in your care. That’s why it is your job to inspect it and take note of any damage in the area’s you will be working.

I suggest that in the future you do a walk around and make the customer sign a form where you have pointed out all dents, dings, scratches, cracks, scuffs, swirls, bubble gum, loose stitches, and anything else that you are not directly cleaning or repairing. Explain that any of those problem areas was already on the vehicle and they agree and understand that you did not cause them.

But if the person that does the check list fails to identify a problem you could leave your self open to doing repairs that you did not cause.

These are only my opinions on this subject. I am not offering any legal advice in anyway. Again, consult an Attorney.

 

armor all has changed their formula, but i still dont/wont use their products

 

I believe dealers have that duty or responsibility, but car washes? parking lots? I dont think so. I always get the parking garage ticket and it reads "we are not responsible for anything that happens to your car", and the car in their property, under their "supposed" care and security.

 

Parking lots no I wouldn't expect them to pay anything because I would be the one parking the vehicle there and choosing to park there and no one else would have access to my keys, however as soon as I hand over the keys to another person/employee for a service that I am paying their buisnessfor then it becomes their responcibility to fix any damages that may occure and if it calls for extensive work (over a days worth) then that means I cannot go to work or run any arrends throughout the day then they should be held responcible for picking up the tab for a rental. It doesn't matter if the company is a car wash, vallette parking, oil/lube, brake shope, or dealership.

 

But if you look at your dealership they also have a sign that will say the same. Their lawyers tell them to post those to deter lawsuits. But anytime you take possession of someone’s property you are liable for damages. Parking garages and parking lots fall in to the same category. They are responsible but who wants to take Wal-Mart to court because a shopping cart hit their car. They are liable because the shopping carts belong to them and it is their responsibility to keep up with their property.

Think of it this way.

You loan your car to a friend. He gets in a wreck in your car. Who is responsible? You would think he is and he is because he caused the wreck. But if he fails to take care of it they can sue you because you own the automobile. It is your possession and it is your responsibility if it does any damage or harm in any way.


Liability laws differ from state to state. Consult an Attorney to see if you are liable or if the other party is. Again, signs are not worth the paper or tin they are printed on. Only in a court of law will it be determined who is the responsible party.

 

Mabye the window washer rubed the dirt of the dash board and showed a crack that's been there for years... hehe.. But you can look at the crack and see the amount of dirt and debris left there... if it;s really clean... then maybe you are in fault... but if it looks weathered and crappy.. then it's probably been there awhile... and a thought to laugh at... Do you ever wonder that when drunks goto the carwash.... they get very upset and scream at the dudes workin there that the dryer blew out ther're collection of empty beer cans out of the back of there trucks?

 

Oh well! See CollegeBoy (no pun intended), not even us can get it straight. Like Foiled said and I said and others said, consult an attorney. If you go by what we say, your friend will end up in jail.[:'(]

 

Sounds like the crack was probably there and someone wants a new dash. Ask that lady if she is the same on that left mcdonalds with hot coffe in her lap.

 

I had a 97 Ram and the dash split down the middle. I now have an 03 and it has a hairline crack in the middle that is barely visible. Anyway like everybody else has said get a lawyer.