Legal Question in Civil Litigation in Illinois

Re remedies for damage caused by carwash

I assume you are asking what your remedies are in court. You might be able to obtain relief outside of a courtroom (e.g., better business bureau, etc.) but the following answer does not address those methods and remedies.

Generally, if someone damages your property while performing a service, and the damage is caused by a lack of reasonable care of the property, they are liable to you for the cost of repair or replacement or devaluation of the vehicle (which rule of damages used depends on other factors). I foresee a host of issues if you sue.

First of all, you should be aware that you can�t get more than the car is worth. Stated another way, you can�t get damages of $1500 to repaint a car worth only $1000. It is also true that damage to a new (used) 2002 Jaguar would be calculated higher than the same damage to a new (used) 1986 beater. Consider also:

Who will pay for your lawyer (if you retain one)? Generally, attorneys� fees are not awarded in civil lawsuits over property damage. You can always represent yourself, but the system (and your opposition in court) isn�t going to cut you any slack on procedures and proofs. If your claim is at or below $5,000, you can sue and file in small claims court and many people do this without retaining a lawyer.

How will you prove the condition of the car before and after the service? Do you have photos? How will you prove that the difference in the before and after photos was caused by the botched car wash or hand waxing, and not some other cause? And how will you prove that the scratches would not have occurred if the car wash and hand-waxing was done properly? You might need an expert to prove these things in court. [Note that, in most cases, even if you win in court, you don�t get awarded your expenses for retaining an expert.]

How will you prove that it was necessary to repaint the entire car rather than having it painted in part, or re-coated, or touched up? You, as a layperson, will probably not be held to be qualified to answer this question at trial, so you�ll need to obtain and pay for someone qualified to opine on the issue and testify in court (and maybe prepare a written report, and maybe testify at a deposition).

How will you prove the reasonable market cost of repainting (or recoating, or touchup)? Again, a layperson will probably not be held to be qualified to answer this question, and an expert will need to be retained and paid for.

If your damage award is based upon the devaluation of the vehicle, how will you prove the pre-damage market value and post-damage market value?