Accident In Car Wash

CplDavisCplDavis I hunt the arctic Snonos Join Date: 2003-01-09 Member: 12097Members
<div class="IPBDescription">Who do u think is to blame?</div> So today I got an email from my mother,

She had taken her relativly new car (2005 Toyota Camery LE, its pretty nice) to the car wash today.

its one of those automatic ones where u drive up onto the ramp thingys and put your car in neutral and then basically a conveyer belt type thingy pulls your car through the car wash.

So the moron in front of her didnt put their car in neutral and instead left it in drive.
Even though their are huge lighted signs that say PUT CAR IN NEUTRAL when u get on the belt.

The car wash employees also guid you onto the belt mechanism to make sure you are on straight. Then when you get on they tap your windshield and scream at you (b/c its loud) to put it in neutral.

So for whatever reasons the driver in front of my mothers never put the car in neutral and about 1/4 the way through the car wash it went off the track. My moms car then got pulled in into the stuck car.

This like, never happens b/c their is always a line of cars to get in and its a pretty popular and fast place. Its a Delta Sonic company carwash for your information.

Obviosuly speed here wasnt an issue but when you have a big heavy object like a car being mechanically pulled and pushed into another, which isnt moving, obviosuly damage is going to occur. My parents both take really good care of their cars. they park them out in the middle of nowhere and stuff so people wont dent their doors with their own or with those stray shopping carts that people leave in the middle of the parking lots etc.


Now the fun part.
The drivers insurance says its the car washes fault for not making sure that the drivers car was in the right gear. Even though they have giant neon signs and a traffic light up and the employees yell at you to do it.

Keep in mind that the driver is supposed to put it in neutral when they get on the belt.

The car washes insurance of course says the driver is at fault for basically being negligent (aka being a moron) and not following their directions and signs, etc

My mothers insurance and the repair people are split both ways lol. But all parties agree its not my moms fault. She doesnt want to sue anyone or something stupid, she just wants her car fixed.

So basically its a big blame game for the insurance companies.

So who based on this, who do you guys think is responsible?
The car wash for not getting the person to put it in neutral, or the driver for not paying attention to put the car in neutral?
«1

Comments

  • MedHeadMedHead Join Date: 2002-12-19 Member: 11115Members, Constellation
    Well, in my experiences with automatic car washes, the staff yelled at me until they saw me switch the car into neutral.

    I would say it's the fault of the driver. But I also think that it would be best for staff to keep an eye open for the noticable gear switching from the occupants of the car. I don't think that makes the car wash liable, since there are warnings, but it would help to avoid situations like these.

    As for the car, I'm sure things will work out. I do hope it works out soon, so the car can be repaired.
  • TheDestroyerTheDestroyer Tooobah Join Date: 2003-07-12 Member: 18123Members, Constellation
    Drivers fault.

    Its like saying on the iron "do not iron clothes while they are on." If the place was blatently obvious about the neutral, and the driver didn't speak a language that the sign wasn't in, then its the driver's neglect.

    I'll find and see the laws on such thing, if ya want. Those law books in my dad's library have to be good for something.
  • InfinitumInfinitum Anime Encyclopedia Join Date: 2002-08-08 Member: 1111Members, Constellation
    <!--QuoteBegin-TheDestroyer+Feb 3 2005, 06:23 PM--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td><b>QUOTE</b> (TheDestroyer @ Feb 3 2005, 06:23 PM)</td></tr><tr><td id='QUOTE'><!--QuoteEBegin--> Drivers fault.

    Its like saying on the iron "do not iron clothes while they are on." If the place was blatently obvious about the neutral, and the driver didn't speak a language that the sign wasn't in, then its the driver's neglect. <!--QuoteEnd--> </td></tr></table><div class='postcolor'> <!--QuoteEEnd-->
    Agreed.

    Drivers fault for not following the 'rule' of the car-wash and <i>if</i> he was verbally warned as well then he's just an idiot and 100% responsible.

    It's unfeasible and inefficient to run the car-wash if you have to park the car in the wash, wind down the drivers window and visually check that their car is in neutral.
  • RellixRellix Join Date: 2003-02-15 Member: 13572Members, Constellation, Reinforced - Shadow
    Drivers fault definitly, since they DID inform the driver to get into nutral...
  • InfinitumInfinitum Anime Encyclopedia Join Date: 2002-08-08 Member: 1111Members, Constellation
    "Don't point gun at head and pull trigger"
  • ChronoChrono Local flyboy Join Date: 2003-08-05 Member: 18989Members
    whats dumb is that the car wash workers didnt notice the car isnt moving but i agree it is the drivers fault for not putting it into neutral
  • NecroticNecrotic Big Girl&#39;s Blouse Join Date: 2002-01-25 Member: 53Members, NS1 Playtester
    If its completely automated why neutral? Why not just switch the engine off altogether and sit there with the handbrake on? You've gotta change gear and get ready to drive at the end anyway it only takes an extra second to actually start the car.

    Meh, drivers fault for not following blatantly obvious signs that evryone else manages to comprehend.
  • ChronoChrono Local flyboy Join Date: 2003-08-05 Member: 18989Members
    if the car is off and in park and E brake up the wheels lock up

    dragging 3000 pound car = damaging
  • Nemesis_ZeroNemesis_Zero Old European Join Date: 2002-01-25 Member: 75Members, Retired Developer, NS1 Playtester, Constellation
    Legally, I think that both washpark and driver can be at fault: The car wash, under which's care the cars on the line are put, has to exercise diligence in their treatment. In so far, your mom's insurance company does have a point when faulting them.
    The car wash's insurance, however, will point out that the driver did not follow the rules of the place, and thus brought forth the damage (by which I mean, the money the car wash has to pay to your mom) due to his negligence, which means that we'll likely see a lot of money changing hands in the end.
  • DepotDepot The ModFather Join Date: 2002-11-09 Member: 7956Members
    This one will obviously be decided in the courts (whether your rents file a suit or not), but this is a fine example of why most states have
    <span style='font-size:21pt;line-height:100%'>NO FAULT INSURANCE!</span>
  • TalesinTalesin Our own little well of hate Join Date: 2002-11-08 Member: 7710NS1 Playtester, Forum Moderators
    edited February 2005
    Park locks the wheels... it's not exactly a moving belt that the car rests on, the belt usually moves a roller that scoots up behind one of the wheels and pulls the car along. Some of the better ones have a roller on the front and the back, allowing the 'assembly line' to be stopped. So if you're in neutral, you just coast through. In Drive, the engine and tranny would be placing resistance on that movement.


    Personally, I always side against morons. Since it was posted (even if the staff didn't yell at him), it's his fault for not obeying the rules, which were posted to prevent damage to his car, others' cars, and the car-wash equipment itself.

    And I will withhold any comments relating to Camrys being nice cars, as they would be inflammatory.
  • Sub_zer0Sub_zer0 Join Date: 2004-05-09 Member: 28569Members
    Find out his adress we will all go round and um teach him a leasson! bwhahahahaha

    Hate retarded people like that who thinck rules do not aply to them
  • DepotDepot The ModFather Join Date: 2002-11-09 Member: 7956Members
    Come to think of it, all of the car washes I've seen with this type of movement mechanism have had the car wash personel actually drive the vehicle onto the track. This would ensure proper placement of the transmission selector and prevent situations like this from occuring.

    Bottom line is, the business providing the service is solely responsible for ensuring a customer's vehicle completes this process without causing damage to the vehicle being cleaned or any others in the immediate vicinity. I hereby deem the car wash responsible for any/all damage incurred and order them to pay any/all damages to the claimants immediately! <!--emo&;)--><img src='http://www.unknownworlds.com/forums/html/emoticons/wink-fix.gif' border='0' style='vertical-align:middle' alt='wink-fix.gif' /><!--endemo-->
  • DepotDepot The ModFather Join Date: 2002-11-09 Member: 7956Members
    edited February 2005
    <!--QuoteBegin-Talesin+Feb 3 2005, 09:01 AM--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td><b>QUOTE</b> (Talesin @ Feb 3 2005, 09:01 AM)</td></tr><tr><td id='QUOTE'><!--QuoteEBegin--> And I will withhold any comments relating to Camrys being nice cars, as they would be inflammatory. <!--QuoteEnd--></td></tr></table><div class='postcolor'><!--QuoteEEnd-->
    I drive an "oversized" Camry (a Lexus LS400) so don't even go there. <!--emo&:p--><img src='http://www.unknownworlds.com/forums/html/emoticons/tounge.gif' border='0' style='vertical-align:middle' alt='tounge.gif' /><!--endemo-->
    It happens to be the most reliable automobile in the world, bar none. <!--emo&;)--><img src='http://www.unknownworlds.com/forums/html/emoticons/wink-fix.gif' border='0' style='vertical-align:middle' alt='wink-fix.gif' /><!--endemo-->
  • UKchaosUKchaos Join Date: 2002-08-10 Member: 1132Members
    Do not use hair dryer in shower.
  • TalesinTalesin Our own little well of hate Join Date: 2002-11-08 Member: 7710NS1 Playtester, Forum Moderators
    <!--QuoteBegin-kwikloader+Feb 3 2005, 05:50 AM--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td><b>QUOTE</b> (kwikloader @ Feb 3 2005, 05:50 AM)</td></tr><tr><td id='QUOTE'><!--QuoteEBegin--> <!--QuoteBegin-Talesin+Feb 3 2005, 09:01 AM--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td><b>QUOTE</b> (Talesin @ Feb 3 2005, 09:01 AM)</td></tr><tr><td id='QUOTE'><!--QuoteEBegin--> And I will withhold any comments relating to Camrys being nice cars, as they would be inflammatory. <!--QuoteEnd--></td></tr></table><div class='postcolor'><!--QuoteEEnd-->
    I drive an "oversized" Camry (a Lexus LS400) so don't even go there. <!--emo&:p--><img src='http://www.unknownworlds.com/forums/html/emoticons/tounge.gif' border='0' style='vertical-align:middle' alt='tounge.gif' /><!--endemo-->
    It happens to be the most reliable automobile in the world, bar none. <!--emo&;)--><img src='http://www.unknownworlds.com/forums/html/emoticons/wink-fix.gif' border='0' style='vertical-align:middle' alt='wink-fix.gif' /><!--endemo--> <!--QuoteEnd--> </td></tr></table><div class='postcolor'> <!--QuoteEEnd-->
    Reliable does not equal nice. I'm more interested in the power to weight ratio, torque curve, and ground effect compensation on cornering. A car that pulls a 6.2:1 with strong growth across the band, and a ground effect & tires of 2G+ is a nice car.

    Again. I will withhold any comments about Camrys being nice cars.
  • ThansalThansal The New Scum Join Date: 2002-08-22 Member: 1215Members, Constellation
    kwikloader: those are not the drive in carwashes.

    the drive in ones you stay in your car all the way through..

    Though it is true the carwash attendants should have probably made SURE the idiot folowed the ruels, I still would want to blame the idiot.

    though in this case it is all down to a technicality in the law that I DON'T KNOW!



    weeeeeeeeeeeeeeeee
  • Nemesis_ZeroNemesis_Zero Old European Join Date: 2002-01-25 Member: 75Members, Retired Developer, NS1 Playtester, Constellation
    <!--QuoteBegin-kwikloader+Feb 3 2005, 01:50 PM--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td><b>QUOTE</b> (kwikloader @ Feb 3 2005, 01:50 PM)</td></tr><tr><td id='QUOTE'><!--QuoteEBegin--> I drive an "oversized" Camry (a Lexus LS400) so don't even go there. <!--emo&:p--><img src='http://www.unknownworlds.com/forums/html/emoticons/tounge.gif' border='0' style='vertical-align:middle' alt='tounge.gif' /><!--endemo-->
    It happens to be the most reliable automobile in the world, bar none. <!--emo&;)--><img src='http://www.unknownworlds.com/forums/html/emoticons/wink-fix.gif' border='0' style='vertical-align:middle' alt='wink-fix.gif' /><!--endemo--> <!--QuoteEnd--> </td></tr></table><div class='postcolor'> <!--QuoteEEnd-->
    <img src='http://www.sdsauto.lv/auto/tirdzn/large/12.06/vw%20passat.jpg' border='0' alt='user posted image' />
    Volkswagen Passat. My family had one from before my birth until I graduated from highschool, and all that had to be replaced was a muffler <!--emo&:p--><img src='http://www.unknownworlds.com/forums/html/emoticons/tounge.gif' border='0' style='vertical-align:middle' alt='tounge.gif' /><!--endemo-->
  • ComproxComprox *chortle* Canada Join Date: 2002-01-23 Member: 7Members, Super Administrators, Forum Admins, NS1 Playtester, NS2 Developer, Constellation, NS2 Playtester, Reinforced - Shadow, WC 2013 - Silver, Subnautica Developer, Subnautica Playtester, Pistachionauts
    The guy is a total idiot and his insurance will end u paying at least some of it, but no matter how many precautions a work place puts in, it is never enough and they will more than likely end up having to put in for some of the cost also, no matter how incompetent a person is.

    But I think the guy is an idiot and should pay it all.
  • DepotDepot The ModFather Join Date: 2002-11-09 Member: 7956Members
    <!--QuoteBegin-Nemesis Zero+Feb 3 2005, 12:56 PM--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td><b>QUOTE</b> (Nemesis Zero @ Feb 3 2005, 12:56 PM)</td></tr><tr><td id='QUOTE'><!--QuoteEBegin--><!--QuoteBegin-kwikloader+Feb 3 2005, 01:50 PM--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td><b>QUOTE</b> (kwikloader @ Feb 3 2005, 01:50 PM)</td></tr><tr><td id='QUOTE'><!--QuoteEBegin--> I drive an "oversized" Camry (a Lexus LS400) so don't even go there.
    It happens to be the most reliable automobile in the world, bar none.  <!--emo&;)--><img src='http://www.unknownworlds.com/forums/html/emoticons/wink-fix.gif' border='0' style='vertical-align:middle' alt='wink-fix.gif' /><!--endemo--> <!--QuoteEnd--></td></tr></table><div class='postcolor'><!--QuoteEEnd-->
    Volkswagen Passat. My family had one from before my birth until I graduated from highschool, and all that had to be replaced was a muffler.<!--QuoteEnd--></td></tr></table><div class='postcolor'><!--QuoteEEnd-->
    I am sure the European Passatt is/was much more reliable than it's American anti-poluted/strangulated/castrated counterpart. <!--emo&;)--><img src='http://www.unknownworlds.com/forums/html/emoticons/wink-fix.gif' border='0' style='vertical-align:middle' alt='wink-fix.gif' /><!--endemo-->
  • ThaldarinThaldarin Alonzi&#33; Join Date: 2003-07-15 Member: 18173Members, Constellation
    <!--QuoteBegin-UKchaos+Feb 3 2005, 02:53 PM--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td><b>QUOTE</b> (UKchaos @ Feb 3 2005, 02:53 PM)</td></tr><tr><td id='QUOTE'><!--QuoteEBegin--> Do not use hair dryer in shower. <!--QuoteEnd--> </td></tr></table><div class='postcolor'> <!--QuoteEEnd-->
    And you'd dry your hair at the same time as getting it wet why? <!--emo&???--><img src='http://www.unknownworlds.com/forums/html/emoticons/confused-fix.gif' border='0' style='vertical-align:middle' alt='confused-fix.gif' /><!--endemo-->
  • MoquiaoMoquiao Join Date: 2003-05-09 Member: 16168Members
    imo, its the drivers fault...

    ok i work in a video store, so illt ry to make a comparison, on the counter we have HUGE yellow signs with bold blue txt, which clearly state DO NOT LEAVE RETURNS ON THE COUNTER PUT IN DROP BOX.
    however! every single night, more then 70% of them, are just left on the counter. always. should i be blamed because the customer is a pleb?

    its theyre fault if it goes missing. not the stores... once in the drop box, its our responsibility, until then its all on them.

    so yeah drivers fault for sure...
  • HazeHaze O RLY? Join Date: 2003-07-07 Member: 18018Members, Constellation
    edited February 2005
    Driver's fault. Hes probably that bastard at Burger King that disables me to have it <i>my way</i> because he forgets to take the friggen pickles off the <b>GOD DAMN BURGER!!</b> Then I get all **** as I drive home and play mind games with the people in front of me by flashing my brights on and off and blaring my horn to see how long they'll keep their finger up. Extra points if they get out of the car with a firearm!
  • DepotDepot The ModFather Join Date: 2002-11-09 Member: 7956Members
    <!--QuoteBegin-Haze+Feb 3 2005, 10:06 PM--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td><b>QUOTE</b> (Haze @ Feb 3 2005, 10:06 PM)</td></tr><tr><td id='QUOTE'><!--QuoteEBegin--> Driver's fault. Hes probably that bastard at Burger King that disables me to have it <i>my way</i> because he forgets to take the friggen pickles off the <b>GOD DAMN BURGER!!</b> Then I get all **** as I drive home and play mind games with the people in front of me by flashing my brights on and off and blaring my horn to see how long they'll keep their finger up. Extra points if they get out of the car with a firearm! <!--QuoteEnd--> </td></tr></table><div class='postcolor'> <!--QuoteEEnd-->
    Wow, you don't live in Florida do you? Their road rage law would find you in the slammer ... then you could have your burger THEIR way. <!--emo&:0--><img src='http://www.unknownworlds.com/forums/html/emoticons/wow.gif' border='0' style='vertical-align:middle' alt='wow.gif' /><!--endemo-->
  • HazeHaze O RLY? Join Date: 2003-07-07 Member: 18018Members, Constellation
    Most likely I'll be having it Bubbas way if you know what I mean... <!--emo&:(--><img src='http://www.unknownworlds.com/forums/html/emoticons/sad-fix.gif' border='0' style='vertical-align:middle' alt='sad-fix.gif' /><!--endemo-->
  • DepotDepot The ModFather Join Date: 2002-11-09 Member: 7956Members
    <!--QuoteBegin-Haze+Feb 3 2005, 10:53 PM--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td><b>QUOTE</b> (Haze @ Feb 3 2005, 10:53 PM)</td></tr><tr><td id='QUOTE'><!--QuoteEBegin-->Most likely I'll be having it Bubbas way if you know what I mean...  <!--emo&:(--><img src='http://www.unknownworlds.com/forums/html/emoticons/sad-fix.gif' border='0' style='vertical-align:middle' alt='sad-fix.gif' /><!--endemo--><!--QuoteEnd--></td></tr></table><div class='postcolor'><!--QuoteEEnd-->
    Well, Bubba could mean a couple of things:<ul><li>A big, fat, slimey lookin redneck drivin a jacked up 4x4 and married to his cousin</li><li>A Bubba burger, which is a frozen burger patty available by the case in supermarkets.</li></ul>
  • JaneJane Seriously&#33;? Join Date: 2003-07-01 Member: 17835Members, Constellation
    I'm surprised the car wash place didn't have a clause stating that they were not liable for morons like that.
  • CookieboogerCookiebooger Join Date: 2005-01-07 Member: 33343Members
    I think it's the car wash's fault because I work there and we're supposed to guide the car owner what to do, and if we fail at giving an order we are liable to damages and such and such..... overall... sue the bastards! lol
  • HazeHaze O RLY? Join Date: 2003-07-07 Member: 18018Members, Constellation
    <!--QuoteBegin-Jane+Feb 4 2005, 12:03 AM--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td><b>QUOTE</b> (Jane @ Feb 4 2005, 12:03 AM)</td></tr><tr><td id='QUOTE'><!--QuoteEBegin--> I'm surprised the car wash place didn't have a clause stating that they were not liable for morons like that. <!--QuoteEnd--> </td></tr></table><div class='postcolor'> <!--QuoteEEnd-->
    They do now. In thirty different languages, too!
  • CplDavisCplDavis I hunt the arctic Snonos Join Date: 2003-01-09 Member: 12097Members
    Update lol.

    The carwarsh's insurance company wins. The idiot driver's insurance has to pay not them.

    <!--emo&:)--><img src='http://www.unknownworlds.com/forums/html/emoticons/smile-fix.gif' border='0' style='vertical-align:middle' alt='smile-fix.gif' /><!--endemo-->
Sign In or Register to comment.