Carwash terror...***Claim Successful***

[hasbot]

Help,

My car front and back was damaged by a Shell Garage drive car wash last year. My child was in the car, till this day he refused to drive into a car wash. I found out later that it was a franchisee site. I spoke to the franchisee last year whom assured me that it will be sorted by his insurance company so I did not put a claim through my car insurance. The franchisee has now denial the responsiblity and the insurance company has said no to our claim.

I contacted the main Shell customer services and they also said is to do with the franchisee. They gave me his legal trading name in case i wish to go further! BUt How do I go Further?

I am so disappointed because i am now £400 down, he did not even give back the car wash cost £7.99.

What can I do Now? Can someone advice please.

 

Regards

Has

[maroondevo52]

Hello and Welcome,

 

I have moved this thread to a more appropriate Forum, hopefully you will get some advice shortly.

 

Regards,

 

Scott.

[hasbot]

thank you. i hope so.

regards

Has

[AndyOrch]

Does the franchise have a sign clearly stating they renounce any liability for damage hasbot?

 

Regards

 

Andy

[hasbot]

i am going to look again but there was a plate on the wall to the entrance of the car wash last year but can not recall what its says. I do have photos and his manager came out and filled in an Accident form, which i took a photo of? Is this helpful?

regard

Has

[AndyOrch]

Gather as much information as possible and if there is cause you can consider issuing a claim through the Small Claims now you have his legal trading name.

 

You should issue a Letter Before Action on them with your intentions and allow them to respond before suing.

 

Regards

 

Andy

[hasbot]

hi Andy

Thanks. Where do I get letter before action from?

regards

Abbey

[AndyOrch]

There is no templated version Im afraid as all cases are different....search the interenet for examples and edit to suit.

[hasbot]

thanks. just found one!

will keep you posted!

regards

Has

[AndyOrch]

thanks. just found one!

will keep you posted!

regards

Has

 

dont forget check that signage or you may be on a loser.

[Prolix]

dont forget check that signage or you may be on a loser.

 

I'm not sure how far the garage could avoid their responsibilities with a simple sign. Say for example the car wash was seriously faulty and and they knew about it and did nothing? Consumers would reasonably be expected to assume the car wash is fit for its provided purpose. What if someone got injured? I think the Unfair Contract Terms Act 1977 would apply if there was such an exclusion clause.

[ericsbrother]

The contract is with the person who runs the car wash but you can name Shell as a co-defendant as it is their land and so responsible for everything that goes on there.

It is not possible to write a disclaimer regarding damage done by the people offering a service in this manner, it is either safe to put your car in or it isnt and either way, it is the responsibility of the franchisee to ensure that the service they provide meets minimum standards.

[hasbot]

Thanks. Please more ideas please! I sent them an email of letter of Action yesterday and I will also hand deliver one tomorrow , I gave them 30 days respond and I leave for further 10days before filling out a small claim count adding my cost as well!

Do you guys think is a good idea! Should I put Shell on it as well!

[sailor sam]

A disclaimer sign does not remove the OP's statutory rights. Providing the OP followed the instructions provided by the operator and that the car was suitable to take through the car wash, then the operator is liable.

 

As previously stated, the contract is with the site operator or franchisee and the OP should write a formal letter of complaint clearly stating what the OP requires as settlement giving the franchisee 7 days to respond. If the OP has already done this, then a LBA (letter before action) should be sent. I would advise that when sending the LBA to suggest that a copy is forwarded to the franchisee's insurers. The LBA should be sent by recorded delivery.

[MaisyMouse]

What damage from a car wash would result in a £400 bill ?

[hasbot]

What damage from a car wash would result in a £400 bill ?

 

it ripped off my wipers from the connector or motor, damaged the back fittings including the plate lights from their connectors too. i have a rover 75.

i wish now i had let the insurance people deal with it, i got worried because they were going to take the car away, i had no courtesy cover and I had to give the £500 excess until they claim it back for me. i don't have that insurance company anymore.

my advice now to anyone will be GIVE IT UP TO THE INSURANCE COMPANY. they have more power and resources.

thanks

Hasbot

[hasbot]

thank you.

I had the franchisee 's insurance email, so i did included them in the emailed and i hand delivered the letter to the store today. I will send another one recorded and ensure it's signed for.

thanks

regards

Hasbot

[hasbot]

hi Everyone,

thank you for all your contributions. To update and seek more advice please. The insurance company wrote back to me

"Please note if it is your intention to pursue a claim from our insured then you must establish that our insured has been negligent or in some way failed in a duty of care."

I have pictures, the manager was there, the franchisee phoned me and apologised. Apart from these, I have nothing else.

Can anyone shed a light?

regards

Hasbot

[Surfer01]

We had similar happen to us, but were luckier in that we only had scratches from the brushes on the car and were able to remove them by giving it a good polish. This was in the days before the Internet.

In your case as you have pictures which should demonstrate the lack of "duty of care". You can also offer the manager as a witness.

[hasbot]

thank you, i hope they realised your point. I am searching and looking at similar issues and see how to respond to that email.

reards

hasbot

[hasbot]

Hi everyone,

I like to say a big thanks, to you all for your support. I can confirm that it pays to be determine and focus. The payment cleared in full with interest and court charges today. It was a long time but the outcome is worth it.

regards

Hasbot.

[sailor sam]

Thank you for the update. It will be useful to to others!

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[AndyOrch]

So you did issue your claim hasbot and they paid out?

 

 

Regards

 

 

Andy

[hasbot]

Sorry to reply so late. Yes, they paid out with interest from the day if the accident and the claim cost, which altogether was £145.00 more than what we were asking for !

[AndyOrch]

Excellent..thread title amended to reflect the outcome.