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Terrible Herbst Car Damaged and Injuries Sustained Due to Car Wash Negligence Henderson, Nevada
On August 28th 2010 my car rearended a car in front of it while being on the car wash conveyor due to the car wash employees not watching the process closely and perhaps not pressing the stop button (or the such) when it was required. As a result my front undercarriage detached on the freeway and made my car swerve uncontrollably as I was picking up wind between the bumper and the dragging undercarriage (speeds of the freeway traffic are 65 miles per hour). I had to pull off on the shoulder lane and stop so hard as to not to spin out that I suffered whiplash. I at that point decided that it is not safe to sit on the shoulder lane and proceeded slowly towards the nearest exit and parked at the first parking lot. My husband arrived and with the use of his truck and trailer towed the car home. Since I did not file an incidence report or called an ambulance the Terrible Herbst is treating it as though I cant sue them and therefore are being less than helpful to put it mildly.
I called and spoke with the location manager multiple times and the main office. The main office (Rebecca) told me to bring the car to the location and let them look at it. I explained to her that I cant do that because my car is not in driving condition, and I feel it is unsafe to drive it and that I either can take pictures or they can come out and look at it but she stated that there is not much she can do and I have to somehow bring it over to them. The trailer that my husband used was a rental and I feel that it is absolutely unfair for me to have to rent a trailer and haul my car over to them just to hear how it is not their fault. I hold that stance in part because when speaking to the manager (Mark) of the location where my car was damaged he pretty much said that he knew for the fact (which is impossible) that what happened at the car wash could not have damaged it to the point that the front undercarriage would pop out. My car is 2007 and I never had any problems with it. It happened 15 minutes or even less after I left the car wash. I even gave a tip. What a shame.. It is obvious to anyone that their negligence lead to that skid plate/undercarriage to dislodge from underneath the bumper (after all that was the part that was in contact with the other car). I had to pull over so hard (or I would spin out on a freeway) that I suffered a whiplash and now am suffering from neck and back pain as well a headache.
I feel that their criminal negligence (especially that NO ONE looked at my car after that to see if anything was wrong with it underneath) caused me a variety of trouble, financial, health and just simply time and their taking stance that they are not liable simply because I didnt write it on the paper (filed a report) or called an ambulance (I hate the idea of wasting the taxpayers money on a whiplash, I truly apologize for that) shows what type of company they truly are. I could have at least been offered an apology and an offer to fix my car. But instead I got tons of lies and they didnt care that I was there and seen everything with my own eyes. At this point I am just contacting as many organizations as possible with my complaint as there must be some recourse for what has transpired. They should not get off scot-free simply because they feel that they can win the case in court. I am still hurt and my car is still damaged. That should count for something.
3 Updates & Rebuttals
Ramjet
Somewhere,Michigan,
U.S.A.
A scam
#4Consumer Comment
Tue, August 31, 2010
You are trying to to scam the insurance company and the car wash company. I know it and you know it.
Your multiple uses of the key 'whiplash' is a key here. You think that will get you sympathy. Stopping real quick does not give you whiplash and you know it.
Cars are moving so slow in a car wash that even if a car in front of you somehow gets off the track you will not 'rear end' it. It would just be a gentle nudge.
Sorry, I don't buy it, it's just an attempt to get money.
Ronny g
North hollywood,California,
USA
Was the damage inspected by a body shop??
#4Consumer Comment
Tue, August 31, 2010
Before you assume that your car rear ending another at the carwash could actually cause the undercarriage to detach, you will need a professional opinion or three.
I have never heard of hard braking causing whiplash, usually you would have to be rear ended pretty hard for that to occur. But the real issue with this complaint is if the car wash was truly "criminally" negligent.
I would think there was not too much visible damage or surely you would not have tipped the guys and left a happy camper. So any damage severe enough to cause the undercarriage to detach will certainly not be a problem for a body shop to determine if a car wash conveyor could have caused this. Not an ambulance chaser mind you, but...a reputable body shop.
Now regardless of how they are treating you...it is irrelevant that you think they are "treating" you as though you can not sue. Your right to sue depends on the evidence, not what the party you are thinking of suing implies. I would think this car wash has insurance for something like this..but of course the insurance company will not pay up without a fight, or if they feel the case lacks merit.
Before you sue, make sure the evidence is valid or you will certainly lose. What counts for something is if this was actually caused by the car wash, or a defective vehicle. As far as your personal injury, I do not know how well it will hold up in court that you claim whiplash because you had to "pull over so hard". You should not be able to stop or pull over any "harder" then the brakes of the vehicle permit, unless you hit a solid object of greater mass and weight of your vehicle.
Dino
roslyn,New York,
USA
i totally belive you
#4General Comment
Tue, August 31, 2010
i also belive the balloon boy dad , when he says the kid is in the basloon
i am never going to stop hard again, i don't want wiplqash, even if it means hitting another school bus,
untioll you told me, i never thought a hard stop could injure the driver, know i know it can. you should sue the car manfacture for defective car, the brakes are too good in modern cars,