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The factory rims of my car were scratched when going through gas station car wash, is the gas station or company liable?

Asked over 2 years ago - Orlando, FL

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I recently went though a gas station car wash and upon entering, the under carriage spray turned on and of course coated my windshield with water as I'm driving forward to have my upper left wheel drive over the mechanism that turns on the machine. Right before is a guide rail about 2-3 feet long that is entirely metal or some kind of lead pipe. As I drove up I heard a nasty sound, but figured it was just me running over that machine mechanism. As I got out I check to make sure everything was ok and found both of my left rims were gashed and scratched due to the the metal guide rail. Because it states no liability for damage in the wash (due to things that can be deterred from damage such a wipers, etc) is the gas station company liable to fix my rims since the damage was unforeseeable?

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Attorney answers (1)

Daniel Jon Woodring

Reputation Level 12

Answered over 2 years ago. Education Law Attorney in Tallahassee, FL.

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This answer is not specific legal advice, nor does it establish an attorney client relationship. Generally, it is unlikely you have an action for damages for damage to your rims from driving into the car wash. Car washes are usually careful about disclaimers so you assume all liability, but even if there is a legal issue with the disclaimer, bringing an action for damage to two rims is unlikely to be worth it. You could file in small claims, assuming not subject to arbitrations, but it is likely that as a defense they would argue waiver of liability or that your negligent driving caused the damage, not a defect or negligence on their part.

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