I was going through a local car wash and the new attendant apparently put the rollers in the wrong position or behind the wrong tire. When my car reached the end instead of pushing my car forward and out of the wash my vehicle was pushed backwards into a big F150. The machine never shut down his truck ended up hitting my car twice until finally his truck pushed my car completely out of the car wash. Needless to say this caused damage to my rear bumper. The car wash is definitely at fault here. What types of damages are they responsible for? Repairs, car rental and time off work while being repaired (estimated 2 days) and that's because I'm a driver and can't work using a rental since the vehicle must be approved and inspected before use.
Generally, subject to some possible state limitations, however, if you are using the third party insurance carrier (the insurance company for the car wash in this case), they can make the check payable to you alone (in some rare cases in some states, if there is a lienholder on the vehicle, the lienholder's name would have to be on the check unless it is made co-payable to you and the shop). You will just need to verify if South Carolina has such a rule/law regarding third-party settlement checks.
Getting lost wages for a property damage claim is rather difficult, because, even though you state you cannot work with a rental vehicle, the argument can be made that commercial rentals are available and if that price is less per day than you per-day lost wages, that is what they would be offering.
Please do not message me for further advice. If you are in need of an attorney to assist you, please search for another attorney in the jurisdiction involved in your case, as I am now retired, and my former law firm is no longer handling these types of cases. I am active on AVVO and answer questions only as a public service at this point.
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You are correct in that they will owe you money for any damages caused; i.e., tow bill (if applicable); rental, lost wages, and property damage. If the vehicle has a lienholder on it, they will not make the check payable to you alone for the property damage. They will have to protect the lienholder's interest and put their name on the checks as well. I wish you well.
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