Damage to cars in a car wash is rare. But who is liable if there are still annoyances such as scratched mirrors, torn windshield wipers and broken antennas?
“Basically, the cause of the damage decides whether the operator of the car wash has to pay or not,” explains Martin Hoffer, Head of ÖAMTC Legal Services. The best example are the side mirrors: The general terms and conditions usually state that no liability is assumed for parts attached to the outside of the body if they were not folded in or removed. In order to avoid damage, you should go to the car wash before entering the car Be sure to fold in the mirrors yourself and, if possible, unscrew the antenna. It is very rare, but definitely possible, for damage to the vehicle to be caused by a malfunction in the system. Then you don’t have to put up with the rejection of the claims. “There is a work contract between the operator and the customer. Therefore, there is a reversal of the burden of proof for claims for damages – that is, the operator can be held liable if he cannot prove his innocence,” says the expert. “It is therefore advisable to collect as much evidence as possible. Damaged parts, photos and witnesses can be helpful afterwards. “If you make a mistake yourself that damages the car wash system, the liability insurance of the vehicle owner is responsible for it. Personal damage that cannot be asserted against the operator of the car wash is usually covered by comprehensive insurance. However, the lawyer advises against washing the car at home, which should be done with particular caution: “If you get the road dirty, you can Penalties of up to 72 euros can be imposed. Going to the car wash is clearly the better choice, especially for the sake of the environment.”
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