Q: Zip-thru carwash damaged my daughter's jeep, rendering it un-driveable after she used their carwash - they are now refus
They are now refusing to pay for her car rental which climbed to nearly $5000 for they time they dragged their feet, didn't help her, didn't get her a ride home, didn't get her vehicle towed, and now they are telling US to open an insurance claim with OUR INSURANCE - we don't want our premiums to go up, so we don't want to open a claim. We want THEM to pay the damages or open a claim with THEIR insurance. What is lawful here in terms of whether or not WE HAVE to open a claim with OUR insurance?
A:
I suggest you talk to your own insurance agent to find out if you making a claim will affect your rates. This is probably the kind of incident covered under your 'comprehensive' coverage which may cover things on a no-fault basis. Like, if her parked car was vandalized.
If your insurance covers all or part of the damages, your carrier will then go after the car wash and you can also go after the car wash for any part of the claim that is not covered by your own insurance.
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A:
You are not required to open a claim with your own insurance if you don't want to. If the carwash's actions directly caused the damage, they are responsible for making things right. It's within your rights to demand that they cover the damages or go through their insurance to resolve the issue.
It's essential to document everything—pictures of the damage, receipts for the rental car, and all communications with the carwash. This will strengthen your position if the matter escalates. You might consider sending a formal demand letter to the carwash outlining your demands and giving them a deadline to respond.
If they continue to refuse, you may need to consider legal action. This could involve small claims court, depending on the amount in question. It's important to understand your rights and not be pressured into using your own insurance if it could negatively impact your premiums.
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