My Prius Prime car accident in Car Wash - video

Discussion in 'Prime Main Forum (2017-Current)' started by Sid786, Jul 16, 2020.

  1. Sid786

    Sid786 Active Member

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    I think going after the car wash will not take me anywhere. So I did call enterprise rental and informed about the accident. They said will call me back, but never did.

    I did verify that cruise control still is working.

    Collision Estimator mentioned that what is wrong under the assembly cannot be known and quoted, but said that get the quoute approved and rest they will take care of.
     
  2. The Electric Me

    The Electric Me Go Speed Go!

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    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.
     
    Tips likes this.
  3. fuzzy1

    fuzzy1 Senior Member

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    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.
     
  4. SteveSco

    SteveSco Junior Member

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    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.
     
  5. Turquo

    Turquo New Member

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    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
     
  6. Prime_Time

    Prime_Time Member

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    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!!”
     
  7. Sid786

    Sid786 Active Member

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  8. Sid786

    Sid786 Active Member

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    Here is the original police report (de-identified). I am working on an amendment to include the video narrative based on what is in the video per timeline.

    Narrative
    Officer: 393
    Page 1 of Narrative

    On Thursday, July 16, 2020 at 1640 hours, I responded to Car Wash for a general assignment. Upon arrival I met with X (Prius) and Y (RAM Truck). X and Y reported their vehicles collided on the car wash conveyor belt. Y was sitting in the driver's seat of a 2020 White Dodge Ram Pickup on the conveyor in front of a 2017 Blue Toyota Prius with X sitting in the driver's seat of that vehicle. 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. There was damage to the front of the Prius and no visible damage to the Ram. X advised he had video footage of the incident and was provided a link to upload the video. I contacted our Traffic Safety Unit and spoke to P/O, who confirmed this was not a motor vehicle accident due to the conveyor propelling the Prius forward. X and Y were provided the case number and phone number for records.

    --P/O #393, BWC
     
  9. PT Guy

    PT Guy Senior Member

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    "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.
     
  10. Georgina Rudkus

    Georgina Rudkus Senior Member

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    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.
     
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