Damage caused by car washes: who pays for scratches from washing?

The most important tip right at the beginning: After cleaning in a car wash, you should do a check around the car before continuing your journey. Because the most important rule after damage is: report the damage to the car wash operator immediately on site and record and photograph it in his presence - in great detail. And be polite: it can happen, and whether the operator takes the risk of a legal dispute or is accommodating and reports the damage to his public liability insurance can ultimately be the deciding factor. Regardless of whether there is a disclaimer on the system.

The "at your own risk" disclaimer is often over-interpreted. Today, it is displayed on almost all installations (and only applies if it was visible before the decision to wash was made, for example at the automatic pay station). But the exclusion never excludes any liability. Regardless of this, the object (car) must be handled with care by the operator as part of the contract for work and services (wash order). But: The hurdles for compensation are higher: With an exclusion of liability, the operator is only liable for gross negligence (or willful misconduct), i.e. serious fault.

However, it is not the exclusion of liability that is decisive. It is that the burden of proof lies with the injured party. The person whose car was damaged must therefore prove that the damage was actually caused by the system. If several vehicles are affected or there are witnesses, this can be helpful. Conversely, the operator must prove that his system was working properly. What comes out in court depends very much on the individual case. However, if the system was correctly maintained, the chance of compensation tends to be low.

Is it possible to prevent damage?

Theoretically, it would be conceivable to take detailed photos of the entire vehicle before washing it. But that is unrealistic. However, it is important to adhere to the rules of the system. Just one example: If small plastic covers are available for rear wipers, they should be used, and if there are restrictions regarding spoilers or vehicle height, they must be observed. In addition, even if not explicitly requested, aerials should be unscrewed, exterior mirrors should be folded down and the vehicle should always be locked before washing (so that the brush cannot open a door or tailgate). However, there is one last hope if the chances of a replacement are slim: Your own comprehensive or collision insurance is responsible for all external force to the car. Depending on your insurance, this may not necessarily work - but it's worth a try.