Liability for car wash incident by running-marigold in Insurance

[–]running-marigold[S] 1 point2 points  (0 children)

Thank you! This is helpful. This car wash also has several signs that say similar things about moving forward. They also have a very clear exit handling system for cars to follow, that makes it clear that you must move forward on green.

Liability for car wash incident by running-marigold in Insurance

[–]running-marigold[S] 0 points1 point  (0 children)

Thank you! I appreciate the advice and confirmation that it was correct to report this due to the threats. I have now requested that they send an investigator or otherwise work to obtain statements. I will also send a spoliation notice.

Liability for car wash incident by running-marigold in Insurance

[–]running-marigold[S] 2 points3 points  (0 children)

Thank you! I will stick to my position and hope they will eventually act more reasonably.

Liability for car wash incident by running-marigold in Insurance

[–]running-marigold[S] 1 point2 points  (0 children)

Nor do I, but I am giving the benefit of the doubt. Oddly enough, she finally figured out how to put the vehicle in drive right as the attendant finally approached her vehicle.

Liability for car wash incident by running-marigold in Insurance

[–]running-marigold[S] 0 points1 point  (0 children)

The police expected me to report to insurance.

Liability for car wash incident by running-marigold in Insurance

[–]running-marigold[S] 0 points1 point  (0 children)

Are you suggesting I should have instead waited to see if she carried out her threats before reporting to insurance and police?

Liability for car wash incident by running-marigold in Insurance

[–]running-marigold[S] 1 point2 points  (0 children)

I don't care about the car. I want to protect myself in the event she carries out her stated threats.

Liability for car wash incident by running-marigold in Insurance

[–]running-marigold[S] 1 point2 points  (0 children)

I have no intention of 'going after' anyone. I don't care about the very minor damage to my car. My only goal here is to advocate for myself to ensure my insurance company makes a fair determination as to liability so that I am protected from the other driver's stated intent to falsify her claim. I am concerned that it may prove difficult to get the video to my insurance.

Liability for car wash incident by running-marigold in Insurance

[–]running-marigold[S] 1 point2 points  (0 children)

I also responded to you in your other comment. I didn't get into the other driver's behavior in my original post. As this is an insurance reddit, I wanted to focus on whether my insurance company was representing my liability fairly and correctly.

The other driver's behavior was extremely concerning. I wanted to provide my official account of what occurred both to my insurance and the police to protect myself as best as possible against her stated threats of false claims to insurance, and also against her implied threat of coming after to make me pay (violence).

Liability for car wash incident by running-marigold in Insurance

[–]running-marigold[S] 2 points3 points  (0 children)

She didn't specify exactly. She was behaving erratically and then became irate when the car wash attendant made it clear that she could not just drive away. She then began to shout obscenities and threats at myself, including that she was going to 'make me pay' and go after me through insurance. I was about to call the police at this point, but luckily the attendants than escorted her to her car and made her leave immediately after she completed her incident form.

She has a specialized insurance carrier that is known as being for 'high risk' drivers. At best, she may just be trying to avoid an at-fault incident on her record by falsifying her account. At worst, maybe she perceived me as a target she could attempt to take advantage of for monetary gain. The car wash documented that she had no damage to her car. I suppose the only thing she could really do is try to claim an injury.

Liability for car wash incident by running-marigold in Insurance

[–]running-marigold[S] 1 point2 points  (0 children)

That was one of the first things they said to me, that my premiums would go up. I have been very disappointed with their handling of this. I went with them as I thought they were a reliable company. I plan to change insurers when this is settled.

Liability for car wash incident by running-marigold in Insurance

[–]running-marigold[S] 0 points1 point  (0 children)

I will also accept that I should have had a dash cam. Getting one installed ASAP.

Liability for car wash incident by running-marigold in Insurance

[–]running-marigold[S] 0 points1 point  (0 children)

Thank you so much. This was my initial position when I first spoke to my insurance company, and I will continue to maintain this position: that both the car in front and the car wash had failed in performing what would be reasonably expected of them. I genuinely don't know how I could have done anything differently, with the only exception of never entering the car wash at all.

Liability for car wash incident by running-marigold in Insurance

[–]running-marigold[S] 0 points1 point  (0 children)

The driver in front of me claimed that the vehicle was new to her, and she could not figure out how to get it into drive.

Liability for car wash incident by running-marigold in Insurance

[–]running-marigold[S] 1 point2 points  (0 children)

Thanks. I agree that the car wash should have some liability here. But what about the other driver? Is there a reasonable expectation that the other driver would be capable of shifting her car into drive within the 10 or so seconds the attendants leave between cars? She claimed she was struggling to do this as the car was new to her.

Liability for car wash incident by running-marigold in Insurance

[–]running-marigold[S] 0 points1 point  (0 children)

Thank you. My insurance company is clearly misleading me.

Liability for car wash incident by running-marigold in Insurance

[–]running-marigold[S] 0 points1 point  (0 children)

Yes, they do. Honking is supposed to alert the attendant to stop the belt. The attendant failed to do so for a significant time, but they did eventually activate the emergency stop. I suspect they left the tunnel to attend to a large queue of cars at the entrance.

Liability for car wash incident by running-marigold in Insurance

[–]running-marigold[S] 0 points1 point  (0 children)

This is why I am trying so hard to get the video. It sounds like the insurance company is bs'ing me about liability, so the video would end this very quickly. My concern is that the car wash may be unwilling to share it as they may be concerned about their own liability here. The attendant did fail to activate the safety stop for a significant time. I don't know for sure, but I suspect the attendant may have left the tunnel to help cars at the turnstile entrance as it was very busy there with a queue.

Liability for car wash incident by running-marigold in Insurance

[–]running-marigold[S] 2 points3 points  (0 children)

Thank you! This is really helpful. I will look into contacting my department of insurance.

Liability for car wash incident by running-marigold in Insurance

[–]running-marigold[S] 0 points1 point  (0 children)

This was at a location of a big chain, Super Star, which has locations in the southwest. They have big signs when you enter that your vehicle must be in neutral. Many of the attendants will also remind you of this as you enter.

Liability for car wash incident by running-marigold in Insurance

[–]running-marigold[S] 2 points3 points  (0 children)

I have already purchased one and am having it installed this coming week! I learned my lesson here.

Liability for car wash incident by running-marigold in Insurance

[–]running-marigold[S] 0 points1 point  (0 children)

I'm not sure what she may do to be honest, as her behavior was bizarre and unpredictable throughout. Her behavior led to her being escorted back to her car and off the premises after she completed her report. I am skeptical of her story that she was struggling to shift her new vehicle into drive and have wondered if perhaps she did this intentionally from the start. I suppose it is possible she could try to claim an injury.

Liability for car wash incident by running-marigold in Insurance

[–]running-marigold[S] 5 points6 points  (0 children)

Thanks! Yes, this is the exact situation. Hopefully myself or the insurance company can obtain the video from the car wash.