My brand new car got scratched at Shell car wash. It was the first wash for the car. When I complained to the manager, she said it's a franchise and she refused to compensate and acknowledge the damage and told me to sue her. Shell local corporate hasn't responded yet. Whom should I sue for damages?
It's possible the car wash owner may simply be trying to put the claim through their insurance rather than refusing payment by telling you to sue them. You may want to try calling your own insurance company and explain what happened and see what they can do. It's unlikely the franchisor has any liability if it was simply negligence on the part of the franchise owner. Unless the damage is extensive, you probably can sue in small claims court assuming your insurance doesn't handle it.
The franchisee seems to be the responsible party. If you sue both, the franchisor may put pressure on the franchisee to resolve the matter.
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