Who would have thought that an ordinary trip to a car wash could turn into unforeseen expenses for the car owner, wasted time and a lot of wasted nerves. What can go wrong when washing a car?
In fact, the list of damages is incredibly long - from a small scratch or knocked down paint to a complete burnout of the car if the car wash workers are used to not adhering to basic safety rules in their work.
What the law says
For the damage caused to the car during its washing, compensation should be required - monetary and psychological, for this, four legislative acts of the Russian Federation act on the client's side at once.
First of all, this is law 2300-1 and its article 15, which states the responsibility of the guilty party in the event of non-payment of the damage caused to his client's car. In this case, moral damage in monetary terms will correspond to 50 percent of the cost of repairing vehicles, if, of course, the court is on the side of the plaintiff.
According to article 35 of the same law, damage to a vehicle during the washing process is fully compensated for by the cost of repairs if the repair can in principle be carried out. Let's recall our example from the introduction - for example, a burned-out car is technically impossible to fix in a car service.
And therefore, here, as compensation, two options can be considered - the purchase of a new car by the head of the car wash to replace the burned-out one, or monetary compensation for the damage received in the amount of twice the market value of the car at a given time.
In other words, if you have a 2014 Renault Logan with an average market value of 350 thousand rubles, you are entitled to compensation in the amount of 700 thousand rubles, respectively.
If we turn to the Civil Code, then here, too, the law, represented by Article 1064, will be on the side of the consumer of services. The article directly states that if it is proved that the damage to the car was caused at a specific car wash, then compensation for damage is the direct responsibility of its owner.
In the course of the proceedings, another article of Civil Code - 901 comes to our aid, where it is said that the very fact of putting the car into the washing box is essentially an oral storage agreement with all that it implies. As soon as you leave the car to drink coffee, the management of the car wash takes full responsibility for the safety of your property.
What to do in case of damage to the car at the car wash
As with any other examples of protecting your consumer rights, it is important not to make a bunch of annoying mistakes that will be difficult to fix later. For example, leaving the box immediately after washing without inspecting the car for new damage is a gross and irreparable mistake. As soon as you move at least a couple of meters away from the sink, the responsibility for the safety of your property is shifted to you.
Basically, you can drive into a trash can, hit a car with a key, or scrape plastic with an awkward motion. Even if the car washer is to blame, by leaving the car wash, you conclude another verbal act - the acceptance of the vehicle after the provision of services. The court will be on the side of the car wash complex.
After damage is found, a verbal complaint should be presented to the management of the organization, after which an entry should be made in the complaint book and the damage caused should be recorded on photo and video filming. These actions legally determine the culprit - the car wash, and even if you leave its walls to take further steps, the responsibility will remain with the management of the complex.
Restrain your emotions, present your requirements calmly and confidently, because you are a consumer and you are right. If you do not make mistakes when performing the following actions, the court will side with you in 100 percent of cases. Organizations that value their reputation are likely to try to resolve the issue on the spot.
If it turned out that they met you halfway and are ready to cover all the repair costs, be sure to take a receipt on behalf of the manager that he admits his guilt and undertakes to pay for the repair in full. This document will become a guarantee of compensation for your damage.
Independent expertise is your next step. It must be carried out regardless of whether the culprit agrees with your claim or not. The written text of the claim should be written after visiting the autoexpert. A specialist will accurately determine the age of a scratch, dent or peeling paint, make a conclusion about the impact of a jet of water on the damage site, and calculate the cost of the upcoming repair.
The intervention of an expert will also be required if the car wash employees enter and exit the box on their own. Some car washes collect the keys from the drivers and place the cars themselves as they need it for the convenience of the customers. It so happens that in the process of performing maneuvers, body parts are damaged - the expert will issue a conclusion that the damage was received exactly in this place and at this time, and not earlier.
You can write a claim, if, of course, the owner of the car wash flatly refuses to admit his guilt. The document template can be downloaded from the Roskomnadzor website or by calling the hotline and asking to drop the sample into the messenger. In the text of the claim, we indicate the data of the guilty party, our data, claims for damages, the date and time of the incident, our signature.
Ideally, the culprit should sign two copies of the document himself, but if you hear a refusal here too, send a claim to your email address. By law, you will have to wait no more than 10 days for an answer. In the absence of a response or a written disclaimer of liability, there must be your decision to initiate legal proceedings. Do not spare money for a good lawyer, because if you did everything right, the court will be on your side.
Some helpful tips
Now, reading the article, you know exactly how you will act, but in reality the situation may be completely opposite to what is written. Firstly, you may get confused and forget an important point, you may be pressured by the manager of the car wash like you are delaying the queue, we have never had anything like this, and in general, you yourself are to blame for everything.
Psychological influence is a powerful technique used by those who are afraid of responsibility, so follow the rules and do not be afraid of anything:
The proof of the fault of the car wash in damaging your car is a purely technical matter, which is solved according to a well-known algorithm. Do not be afraid to defend your rights, because the law in this case is one hundred percent on the side of the consumer.
The car owner can be deceived not only at a car wash, but also at auto disassemblywhere not the best quality parts can be sold to him.