I went through a carwash and left and went to eat at a nearby restaurant. I pulled into Walmart got out the car and noticed the damage on my vehicle, I got right back in the car and went back to the carwash. The manager was trying to prove his carwash didn't do the damage, making me drive my car back through the car was when we found the spot in the carwash that infact matches the scrub marks down my car. He also ended up adding another dent in my front quarter panel trying to prove his machines were harmless. My car is a fairly new vehicle 2009. Would this be worth paying the extra money to go to small claims court?
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
File a claim against the car wash's commercial liability insurance company. They will assign an adjuster to investigate the matter and hopefully resolve it with you. Be sure to take some photographs to preserve as evidence. Small Claims Court would be a last resort if the insurance carrier denies your claim.
Legal Disclaimer:
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.
You will in all likelihood not be able to get the insurance information from the car wash owner and so you can either make a claim with your own insurance or file a lawsuit. The best course of action if the claim is in excess of your deductible is to make a claim with your own insurance, get your car fixed and get life back to normal. Your insurance will then turn and look to where they can collect for the damages they have paid out. If they find that it is worth it, they will pursue the car wash and if they are successful, you will get your deductible back.
Generally, I do not believe small claims court are worth the trouble since while you may get your filing fees back if you win, the amount of time you will spend on the case is never worth--at least to me. I have seen instance where a plaintiff has to keep taking time off of work to appear in court only to see his case be postponed because of whatever reason. Small claims court is not the golden solution it is made out to be--but that is only my personal opinion.
I hope this helps-
Nima Taradji
http://personalinjuryattorneyz.com
Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for informational purposes only.
To answer the question: Yes provided you can satisfy the court that your claim is true. The Magistrate Court at 33 Montgomery Street in downtown Savannah is where you need to go to effectively process the claim yourf self. Do not expect them to give you legal advice, but they will provide forms, and help withj process and service. You are likely dealing with a corporation, so there are special problems typically associated with these cases. You also will need to have proof of damages and estimates alone are usually not enough. Actual repairs bills plus your personal estimates accompanied by additional estimates, will help. You probably need some legal assistance.
