Barrister Daniel Barnett, who presents the LBC Legal Hour, has outlined the situations in which motorists can claim compensation if a car wash damages their vehicle. He spoke to listener Sam, who said that after visiting a car wash with his partner, he noticed damage to the paint and rubber seal. Sam returned to point out the issues, and the car wash offered to pay for the seal after acknowledging the pressure washer was too strong, but refused to pay for the paint. Sam has since received a quote saying the paint repairs would cost in the region of £800.
When you can't claim for damage
Daniel first asked for clarity on the type of car wash Sam had visited. He explained that if you are washing your car in an automatic machine "you are probably in the forecourt of a well-known chain garage".
"They will have terms and conditions when you bought your token which you'll have agreed to, which would exclude damage to the vehicle because of things like stone caught up in the brushes," Daniel said. "Generally garages wouldn't know stones are caught up in the brushes as they would be picked up by the previous car. Generally there are exclusion clauses when you are dealing with a proper garage forecourt."
When you can claim for damage
Sam then clarified that it wasn't a large automatic car wash he visited, but an independent manual one. Daniel pointed out that usually the smaller firms don't have terms and conditions that cover accidental damage.
"I would imagine it is an amateur-ish operation where there are no terms and conditions up just a big price list," Daniel continued. "That sort of place generally wouldn't have exclusion clauses, in which case if they used a pressure washer which was negligent in that they were using a level of pressure that no reasonable car washer would use, you would have a claim against them."
Daniel told Sam he would have to make a claim through the small claims court, or suggest to the car washers to get a free car wash for the next two years. He finished by saying "you have the law on your side here".
How to make a claim
To make a claim on something like damage from a car wash, there are several steps to go through:
1) Gather your evidence - Take clear date-stamped photographs of the damage. Keep any receipts or bank statements showing you paid them for the wash. Get at least two independent written quotes from reputable garages detailing the repair costs. Keep a log of any text messages, emails, or notes from phone calls you have already had with them.
2) Send a formal 'Letter before Action' - Before the court will hear your case, the Pre-Action Protocol requires you to give the washer a final chance to settle. You must send a formal "Letter Before Action" (or Letter of Claim) stating your name, address, and vehicle details; what happened and when; the exact amount you are claiming (based on your repair quotes); a deadline for them to respond – usually 14 to 30 days; and a clear warning that you will start court proceedings if they do not reply or pay. Keep a copy of this letter and send it via recorded delivery so you have proof of postage.
3) Issue a claim online - If the deadline passes and they haven't paid or agreed to a settlement, you can officially issue the claim. The easiest way to do this is digitally via the government’s Money Claim Online (MCOL) service. You will need to fill out the details of your claim (the "particulars of claim"). You will have to pay an upfront court issue fee. This fee is scaled based on how much you are claiming (e.g., £35 for claims under £300, up to £455 for claims near £10,000). If you win, you can usually claim this fee back from the defendant.
4) Wait for the defendant's response - Once the court serves the claim, the car washer has 14 days to respond. They can admit the claim and pay the full amount (or offer a payment plan); ignore it, in which case you can ask the court to issue a "default judgment" ordering them to pay; or defend the claim (dispute that they caused the damage).
5) Mediation and hearing - If they defend the claim, the court will send both of you a Directions Questionnaire. You will first be offered a free, one-hour telephone mediation service run by HM Courts & Tribunals Service to try and reach a settlement. If mediation fails, the case will be allocated to the small claims track and a hearing date will be set. Hearings are relatively informal; a judge will review your evidence (photos, quotes, communications) and their defense before making a legally binding decision.
