Hello, A friend of mine was going through a car wash with his 2008 Prius and the car wash ripped the mirror clean off on the drivers side this was at a Shell station car wash he filled out a report and they will contact him back in a few days.
At least around here there are huge giant warning signs on all automatic washes (touch or touchless/laser) that any damage caused by the carwash is not their problem. So good luck with your friend's claim, but I wouldn't get your hopes up. The cheapest and fastest solution is to find a junkyard pull or eBay of a pre-painted mirror from the same colour vehicle (2004-2009). A new mirror + painting will be relatively costly. Another good reason why a $5 carwash is a bad idea for a $25,000 car. The local place that does hand wash and dry with interior vacuuming, scents, and polish for the wheels starts at $10. Factor in a $5 tip for the attendant that dries it and for $15 you get a perfect clean with no mess. I should add that it is illegal here to clean your own car because of the watering restrictions during the drought we are in. The car wash recycles 98%+ of the water. One of my friends works at one.
If their smart, the car wash has liability insurance, it's probably cheaper than going to court all the time. The same goes for parking lots.
my Partner operates 3 car washes. Liability is limited to factory installed items only. However, as to not lose customers, sometimes exceptions are made. In this case, our wash would just pay cash for a used mirror for your friend (we'd buy it) and we have a collision shop next door that paints it for us and install it. Factory mirrors are covered. If we ripped your friends vent visors off that were added aftermarket, he'd be SOL. And just a little food for thought, every few years Ford (we live in Metro Detroit!) visits the car wash. They check out the equipment, ask about problems with their vehicles (if any), etc. Presumably they think of these kinds of things happening before they release a car? I dont know, but we very rarely have problems with Fords. Come to think about it, we've never had any incidents with Prii either
A car wash can say they are not responsible for aftermarket equipment or power antennae, but if factory parts are being wacked off then that car wash needs to improve their equipment.
I appreciate the law works a little differently this side of the pond, but in the UK if you pay for a service "be it parking or having the car washed" even if there are notices disclaiming responsibility, and there usually is. The person or company that offers the service is responsible for damage caused by there neglect. In the case of parking they can even be held responsible for theft from a vehicle if they do not take reasonable measures against theft. In the case of damage in a car wash unless the sign says something like "No Prius" and you ignore it, they are responsible. John (Britprius)
This is why I love British business law. It maximizes profits through very low corporate taxes , but it still protects consumers as they are human beings. Still though, any car wash run by a remotely intelligent person would realize that paying for a new mirror would be a drop in the bucket. If that bi-weekly $5 customer goes elsewhere, then they'll be losing $130 a year to the competition for that customer, PLUS any of his good friends that leave. The product that a car wash offers is customer service; a terrible product ruins a company's reputation.
It is similar in the colonies. Here they call that little sign a waiver of liability, just like the receipt from a dry cleaner or things like that. You can waive negligence, but you cannot waive gross negligence or recklessness. By accepting the receipt at a dry cleaners, you are accepting the waiver that you agree the dry cleaner can destroy or lose your garment and you will only hold them to a max of a certain value. But if the salesperson takes your clothes and lights them on fire on purpose, they are responsible.
In the UK the receipt with the conditions does not clear the the supplier of services of responsibility, because under UK law you cannot add conditions of service after the event. The receipt cannot be read until after the transaction has taken place and so under UK law any disclaimers are invalid. John (Britprius)