My Prius Prime car accident in Car Wash - video

I honestly don't know.
I don't think it's the car wash. If so the driver of the RAM pick up would be complaining and pointing at that failure. Plus I think if there was any significant breakdown the Car Wash would of shut down and not continued to service cars and put others at risk.

I think it's inexperienced Driver error.
So who is responsible to you?
Well you have some strange layers here....

I am NOT a legal expert. But my reaction would be since I think it was driver error, the company that leased the Truck, who employed the driver would be liable.
But I'm not sure. Maybe Enterprise takes responsibility and then THEY go after the leasing company?

In any case, the car wash will give you nothing. You were damaged, and the video clearly shows it's not your fault.

Let us know how this works out. Good Luck.

 

Don't take this at full face value. Your state laws might be different.

I.e. while they can certainly disclaim damage from normal operation of the car wash, state law might not allow them to disclaim damage caused by malfunction or their improper operation of their own equipment. Their sign could easily overstate their immunity from liability.

 

Isn't it the car wash operator's responsibility to monitor the wash and press the stop button if the vehicles are too close ?
Disclaimer notices of responsibility may not have any legal binding.

Posted via the PriusChat mobile app.

 

I've often wondered what would happen if you had a sign in your window saying "by letting me use your car wash (insert other facility types) you agree to accept any and all attendant liability and to waive any previous liability limitation"

Like those dump trucks that say "Stay back 200 ft. Not responsible for broken windshields" - why not just say "Not responsible for ANYTHING"? - I think it's just a meaningless sign to start you down a particular train of thought. You're already considering the car wash has immunity, but it doesn't.


In fact, why not have your sign say "by allowing me to use your car wash, you agree to give me one hundred dollars", then go through the wash, then go to the office and ask for your money. They of course will refuse at which point you show them the sign, they'll still refuse, then you sue them and their defense will be "well we don't recognize your sign, it has no validity" at which point you have a way of invalidating their defense for the accident

 

The sole purpose of those signs is to dissuade people from pursuing any sort of claim against them. Many people will just think “darn! Guess they aren’t liable!!”

 

"Y said when he got to the end of the conveyor, he stepped on his brakes. The conveyor then pushed the Prius into the rear of the Dodge Ram."
So the pickup driver admitted that his actions caused the wreck. Go after the company that operates the pickup.

 

This, recycled water with salt in it and grit laden brushes, is why I no longer use these car washes.

I would only use them for an old beater.