A car wash customer claims the business cracked her truck’s windshield but outright refused to cover the damage.
Sawyer Reinhardt (@sawyerreinhardt) posted about her experience in a viral TikTok that’s accrued over 470,000 views on the popular social media application.
Reinhardt begins her video with a recording from the interior of her vehicle. Throughout the six-second social media post, she pans the lens over the windshield. As she does so, a large fissure in the glass is visible.
Next, her video transitions to footage of the crack from the truck’s exterior. According to an overlay in her clip, the business won’t cover the damage to her windshield. This is despite the fact, Reinhardt claims, that the car wash is responsible for the crack. “Car wash cracked the whole windshield, and they won’t pay for it.”
Car wash damage qualms
However, several users who replied to the TikToker’s video stated that the car wash’s response is typical. That’s because, they claimed, many auto cleaning businesses explicitly state that they do not cover windshield damage.
One person said these establishments often have a disclaimer letting customers know they won’t repair broken car windows. “Yeah, so when you pay, you sign an agreement saying you know this could happen,” one person penned.
Someone else echoed, “Yeah, so there’s usually a sign disclaimer saying that they don’t fix windshields.”
Another TikToker remarked that they, too, have clocked signage at car washes indicating they aren’t responsible for window breaks. “9 times out of 10, there’s a sign saying not responsible for any damages.. Meaning they won’t take care of said damage…not their issue.”
Furthermore, the same commenter believed that driver culpability for windshield damage is widely known. “It’s also common sense this world is lacking recently.”
Although at least one user on the app said that this type of non-liability contract was foreign to them. “IDK about y’all. But I’ve never signed something at a car wash. I pay and go in. Y’all going to some weird car washes.”
Cracked windshields
Moreover, one user on the application cautioned others against using automatic car washes. The poster said that they work at a car wash and would never put their own vehicle through one. “I work at a car wash and don’t take any of my vehicles or family members’ vehicles through it. If that doesn’t tell you enough about the damage these cause, then idk what will.”
And another TikToker speculated the crack in Reinhardt’s truck was due to a preexisting impairment. Not to mention the car wash did. “10/10 had a tiny crack that spread under pressure,” they penned.
This same logic was expressed by a Reddit user who replied to another unsatisfied car wash customer. Like Reinhardt, this driver brought their vehicle into a car wash, which was fitted with a dash cam. Prior to entering the wash, the windows were blemish-free. However, the Redditor states that after the wash was complete, a large “crack, more than 12 in long” appeared.
Additionally, they mentioned that “due to shadows” in the video, it was difficult to determine exactly when the windshield break occurred. OP wanted to know if there was any legal recourse they could take to get repairs covered.
However, like the TikTok commenter, this person who replied to the Reddit post suggested that an invisible error was to blame. “The car wash is likely not responsible,” they penned. “Tens of thousands (if not more) of cars go through automatic car washes without damage daily,” they continued.
Following this, they said a “minor vulnerability” was most likely the culprit. One that was a “ticking time bomb” which only became noticeable after “any sort of pressure” was applied.
Are car washes liable?
The online legal resource Avvo featured a forum question about vehicular damage occurring in a car wash. In this instance, the driver claims one of their side mirrors “was broken in” at one such business.
Yet, they weren’t too sure they had a case against the business. That’s because they mentioned in their post that the car wash had signage excusing the company of any liability.
One attorney who replied to the user stated the driver may indeed have a claim. “The mere presence of a sign…does not give a business owner license to be careless with your property.”
Another lawyer agreed with the aforementioned statement, indicating that they “may have a valid claim.” In this situation, the legal expert relayed that a business “stating simply ‘we are not responsible for damage’” isn’t all-encompassing. For example, the sign verbiage could be too general to absolve a party of responsibility.
Although they went on to state that retaining a lawyer may not be “economically feasible.” This is due to the attorney’s supposition that legal fees would outpace the “maximum recovery” of their claim.
Consequently, they recommended that the Avvo user obtain a repair estimate instead. Following this, they should forward a copy of the estimate to the car wash “with a polite but firm demand for reimbursement.”
@sawyerreinhardt our luck #carwash #fordf250 #for #disel #trucks #waterfowl #viral #blonde #nc ♬ original sound – 💋
More wash legalities
Also, Legal Clarity penned a piece on the obligations car washes may have towards customers with regard to damages. The resource states that “liability often depends on whether the car wash operator was negligent.”
In the same article, the writer does mention damage waivers, as referenced by numerous TikTokers who replied to Reinhardt’s clip. “Waivers can complicate the issue. Many car washes require customers to agree to waivers limiting liability for damages.”
Moreover, Legal Clarity writes that these waivers are often included in signage and/or on business receipts. On the other hand, the website does state that the visibility of such waivers and the language they employ are “critical.”
Ultimately, whether or not drivers who had their whips damaged at a car wash boils down to two factors. If there is a damage waiver, “was [it] prominently displayed?” Also, did “customers ha[ve] a reasonable opportunity to understand its terms?”
The Daily Dot has reached out to Reinhardt via TikTok for further information.
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