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Discussion Starter #1
I bought my wife a top of the line 2011 Grand Cherokee Overland at the end of December. We took it to the Hub Car Wash & Diner off Garden of the Gods Road midday on Saturday, 5 Feb, to get it washed. When the vehicle was given back to us by the attendant, my wife immediately noticed a 1/8" hole with white material showing in the black leather seat as soon as she opened the driver's door. There was also a 1/4" gouge in the seat's molding.

I called a manager over, and he apologized, took some pics, and filled out an incident report. I also took some pics with my Blackberry camera.

Today, I received a call from another manager who said that he reviewed the pictures with the owners, and they collectively determined that their employees couldn't have caused the damage, and they weren't going to pay to make it right.

I called the Colorado Springs Better Business Bureau office, and they had me submit a complaint online. I called the Chamber of Commerce as well, and they advised me to contact the District Attorney's Economic Crimes Division.

The DA's office advised me to contact a civil attorney. Do I have a case, or can the amateur photography forensics conducted by the business' managers/owners who weren't at the scene when their employees inflicted the damage actually prevail?
 

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I don't know the answer to you legal question... But i do know where I wont be taking my vehicle to be washed!!

Thanks for the heads-up!!
 

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Sue them in small claims court. It's a simple process and will get their insurance company involved. Then you might have someone reasonable to talk to on the other side.

Your photos are admissible in evidence. You should have a very good chance of winning it.

I don't know what you mean by "the amateur photography forensics". Perhaps you could explain.
 

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Discussion Starter #4
gfyodf, I appreciate the advice, especially considering the line of work you're in. What I was referring to by "amateur photography forensics" was managers and owners of the Hub who weren't there on Saturday looking at the photos on Monday that their Saturday manager took, and making a false determination that "Nah, we don't see how we could have did that." Or more maliciously, "They can't prove we did it."

My wife and I were there, and although we didn't see the necessity to take photos of her vehicle before we handed it off to them, the damage was so stark when she opened the door to her vehicle after we got it back that it was readily apparent.

The Saturday manager was contrite and apologetic. In hindsight, I'm now wondering if I should have called the police, regardless.
 

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Sue them. Your and your wife's testimony together with the pictures should be enough. If the on duty manager apologized and admitted their employees caused the damage, that's an "admission" that may be admissible, too. Just make sure that whoever you list as the plaintiff is also on the registered owner of the vehicle, and make sure you sue the correct entity. You'll also need an estimate to repair the damage, and testimony from whomever prepares the estimate. Shouldn't be difficult.

If you decide to sue, let me know. I might have some other tips for you.
 

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Discussion Starter #7
The repairman is coming tomorrow to provide us with an estimate.

The BBB told me the Hub isn't a BBB member, but they have an A+ rating with the BBB and appear they eager to maintain that rating. The BBB said the Hub has had three complaints with them in the last three years. All three were resolved, with one leaving the customer feeling unsatisfied.

gfyodf, again, thanks for replying to this thread.
 

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I'm not qualified to comment on the legal issues, but I just want to say I hope you recover your damages if you sue, plus extra for their poor response to your claim. I think they need some punitive damages to make sure they don't pull this crap in the future.
 

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I'm thinking your crappy Government Motors vehicle is ashamed and embarrassed to be wearing the proud and historic Jeep logo.
Knowing it cannot be cleansed of the stench of government involvement, it saw suicide as the only honorable course.
But being a product and extension of incompetent union labor, it failed miserably in its attempt at doing one right thing in its pathetic life.

I'd look for a small caliber handgun in the wheelwells.


</sarcasm>




good luck. These kinds of things stink.
 

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you might also want to contact Tom Martino he can at least drive them crazy and who knows they might not want the bad reputation, couldnt hurt any way.
 

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I worked at a full service car wash when I was 16 and saw some crooked things happen to vehicles. Now, I wouldn't let some stranger making minimum wage clean my 5 dollar dirty underwear let alone my vehicle. Unfortunately...if you want something done right...you have to do it yourself.
 

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DEF small claims court. The Colo Attorney General is a good spot and another chance to have it on file. The BBB I'm not a big fan of, but having it on file there isn't a bad thing either.

Regardless, I'd contact that manager again and let them know that you plan on contacting the Attorney Generals office, and filing a claim in small claims court since they're at fault. I bet that makes them sing a new tune.

Rob
 

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BBB is never your "last best hope." They have no enforcement power. But, they will forward your complaint to business owner (if he is a BBB member or not), and chances are he will try to make it right with you. Most business owners aren't out to screw people, and given the chance they want to do the right thing. :)
 

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remminds me of my experience with pep boys in the springs and the BBB many years ago. Pep boys screwed up, I contacted the BBB, pep boys gave me the finger(figurativly, not literally). I wrote them off and vowed to never step foot in there again, and I haven't. Two years after the fact, pep-boys corporate called me(2 EFFIN YEARS LATER), and I explained how it went down and they said they were sorry....I hear that pep boys has a running total with the BBB now though.....
 

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hobiecat said:
I know we all want to have wrongs ...righted...and people held responsible for their actions...just not always sure if it's worth taking the time to go to court, and waiting for some mental restitution....
I hear people all the time say, "I don't care how much it costs. It's the principle!"


Until they hear how much it will cost. :D
 

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hobiecat said:
Depends upon the cost of the repair...and what price you place on your level of aggravation..and time..

I know we all want to have wrongs ...righted...and people held responsible for their actions...just not always sure if it's worth taking the time to go to court, and waiting for some mental restitution....
EXACTLY. I had a guy screw me on a repair on my truck last year. Paid him full price, took it back to him 3 times, had him tell me to get the F out of his shop (yep, he used the F word) as I was going down a list of stuff I found he did wrong, and took it to ANOTHER shop to have them fix the work he did. I wanted to sue the bajeezus out of him so badly, but my only recourse was small claims court. From what I understood, the only thing I'd get from was what I had to pay the 2nd shop to fix what he screwed up, less than $500. When you factor in the drive time to go all the way down to golden from my place, taking time off work, etc, it just wasn't worth it. I have given him negative reviews on every website I can find him listed on though.
 

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I have heard a few times before about people have problems at car washes.
100% hand wash and others.
Goes with the territory I guess.

if you want something done right...you have to do it yourself.
 
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