Small Claims Court

Just got my first papers to appear in small claims court. A guy claimed we scratched his truck back in Feb. I talked to him took down a report and showed him the wash and how what he was claiming could not have happened in our wash. I told him we washed 859 cars that day and why didn't any other car get damaged the way his did. So to calm him down I countinued to tell him we did not do this and that I would turn it over to our insurance company. The insurance company did their investigation even came and took video on a busy day and denied the claim against us. I called my cousin who is an attorney and he got all fired up over it. He has already called the courts to say we are not responsible for his claim and to set a trial date. Anyone else have any suggestions or similar situations they have been through like this. This is our first and I am sure it will not be our last.

Unless he can prove somehow that the scratch was not there before he came through, the case will likely get thrown out. A lot of judges are getting fed up with frivolous lawsuits.

That's ridiculous. I've only been before a judge once over a Lincoln TC turn signal. In the early 80's certain years were just glued in..causing them to pop out in the wash. If they broke...we bought'em...if they just came out...we glued'em back in. We showed a customer that his was removable(loose) before the wash! He said it was ok just to tape it down and wash it. After he went to the dealer and found out we had bought some others and that they were $80 each, he filed against us to replace his.
This guy sued everybody in town. The judge asked us if we would give him some washes to make him happy and we did. The customer died a couple of years later from a heart attack at a young age. Musta been hypertension caused by giving everyone else grief.

I'd fight it till the end but offer some trade if that would save everyone some grief. We don't scratch paint, unless there is a malfunction that damages the entire side of that vehicle and continues damaging vehicles until the problem is fixed. Period.

I had a guy last week think he picked up a screw in one of my tunnels on the driver's side. No way! Also last week, I had a lady's plastic hub cap pop off in the wash...she said we damaged it...not worth the argument. I bought her a new one. But I showed her where it looked like she hit a curb.

DO NOT OFFER COMPENSATION OF ANY KIND BEFORE THE TRIAL AND ONLY DO SO IF ENCOURAGED TO BY THE JUDGE!

If you offer him anything to go away, like free washes, he can use this against you in court as an admission of responsibility. Fight it. Take video of cars going through and the equipment. Explain how your equipment could not have caused the damage in question. Furthermore there is no way the customer can prove it was not there before he came in. I have yet to see a customer come in with a totally clean car, get out before it gets washed and inspect the vehicle for dings or scratches. As dirty as the car was he probably could not have seen it if he had looked for it.

Bring into court your attendants that were on duty if they can verify the damage was existing when he came in. If you send customers with damage claims that you accept to a certain body shop nearby, have the owner of the body shop appear on your behalf. He know the kind of damage claims you send over and he probably knows your equipment. With the shop we deal with, we trade damage claims for free washes for the vehicles he repairs. It's a great deal for both of us.

In all my 28 years in the business, I have yet to go to small claims court and have only turned a claim over to the insurance company once back in 1983/4.

The best thing you can do with damage claims is first develop a process for handling, unless you are going to be on site every hour you're open. We employ a Damage Claim form that gets all the pertinent information from the customer. Time, Date, Customer name, address and phone number. Vehicle information (make, model, year) and then a customer description of the incident or purported damage. We slipsheet apiece of carbon paper between two copiesand put it on a clipboard that the attendants have acccess too. This way, if we are not present ot evaluate the claim then and there, after the customer fills out the form, they get a copy and we get a copy. The attendant puts our copy in his daily envelopes and we call the customer to arrange a time to meet to evaluate it.

Not only does this form make handling claims more effecive, but it let's the customer he feels his car has been damaged a few things. First, we take his claim seriously. Second, in their mind we have a professional method for dealing with their claim. Lastly, they have a copy of the claim to take with them as proof. This process really takes the wind out of the sails of a customer who feels aggrieved and is looking for an argument.

If I refuse a claim, I try to do so with the utmost respect for the customer. I've always felt that showing the customer the reason(s) that you are not responsible is far better than telling him. I'll let them feel the hogs hair brushes, take him into the tunnel to feel the Lammscloth, stand at the end of the tunnel with them to watch other vehicles coming out and look at them for similar damage, and then not only explain to them that there vehicle needs far more then just a car wash - it needs a detailing, but pull out my bottle of scratch remover and do an are to show them what there vehicle finish should and could look and feel like. 99% of the time I can win them over. Yes it takes time, but in the end, you get to keep the customer and deny the claim. Now that's a win-win.

I have been to small claims before and the judge threw it out because the customer could not prove that it happened in the wash. It's that simple...if he cannot prove that your wash scratched the car, then there is no case. Typically when someone claims we scratched their vehicle, it is on the passenger side and they don't see it until they are wiping their vehicle down. Also, if there is a scratch in one spot, how come the scratch is not all the way down the side of the car, which would make sense if something attached itself to your equipment. If your equipment is spinning (I'm assuming the scratch is on the sides and potentially caused by the wraps, low sides, or high sides) then a scratch would only be an inch or two long because the equipment is not in contact with the vehicle for very long. Then you would see another scratch further down the vehicle after the vehicle has traveled down the tunnel. If you want to do a little geometry, based on the chain speed (in/s) and the rpms of the equipment, you can figure out exactly how far apart the scratches should be. Lastly take a look at the direction of the scratch. Is it at an angle or up and down? Does the scratch curve up or down at the end? All of these would be inconsistent with the motion of your equipment.

Most importantly, put the burden of proof on the customer and make him tell you and the judge exactly what piece of equipment scratched the vehicle and how. When he cannot specifically identify the cause, then there is absolutely no reason that the claim can be honored.

The 2 that I have had gone that far never showed up to court. It wasted 2 hours of my time going up to the court house. Believe it or not but they were both for grand-am mirrors and both were given a heads up before the wash that due to shotty design they probally won't be there at the other end. Now my receipt will state that it is a grand am and the wraps are retracted for mirror damage. Show the receipt to a judge or attorney and see what happens

When you go to the Small Claims court you will have a mediation period where they get you and the parties in a room and try to work out a solution.
At least they did that in the court in Portland.

If you do appear before a judge make sure you have all your evidence, first hand. No written letters, no heresay evidence, etc. If you have witnesses they have to be with you.

Do you have any security cameras? If you do bring the DVD of that day and have it set up so you can show the judge on a laptop the other cars having gone thru that day without damage.

Bring the insurance adjuster who denied the claim and have them testify as to why they denied the claim. In fact, the guy should be sueing the insurance company, not you. If you loose it goes to your insurance company anyway, does it not?

Regards
Bud Abraham