Legal Question in Personal Injury in Illinois

Damage to Car by car wash employees

A carwash locked my keys in my car and jammed 3 flat sticks into my door frame and using a rusty piece of metal to try to unlock the door without my knowing. We told them to stop and saw damage to my car. We called police to come unlock the car, which they did damage-free. We spoke with the owner of the car wash, who said he would take care of the damage, that I needed 2 estimates. Those estimates are $620 and $960 due to labor, and need to keep it for 2.5 days due to drying time. I purchased my car (2001 Toyota Rav4) used just days before.It was in perfect condition on the exterior. The carwash owner says the estimates are too high and wants his buddies at an auto body shop ''touch up'' the paint. I don't want a bandaid; I want my car returned to its prio condition. It seems that the employer is liable for the damage that they caused. They were negligent not only in locking the keys in the car, but by trying to unlock the door without speaking to me about it first. Shouldn't the car wash have some sort of liability insurance for this? I want them to pay for the damage to my car so that I can have it correctly fixed and a car while it's in the shop. I also want them to pay for a rental car for the 2.5 days dry time. Help!


Asked on 2/23/04, 12:51 pm

1 Answer from Attorneys
Nima Taradji Taradji Law Offices

Re: Damage to Car by car wash employees

You have two choices:

1) accept the situation. Have the car wash owner pay for whatever he thinks it is fair, and pay the rest out of your own pocket and go about your business; or

2) get nasty: send a demand letter: a simple, non-emotional letter demanding payment of what you think he should pay. If he doesn't, and chances are he won't pay, file a small claims lawsuit. it will cost you some initial fees (which are non-refundable) and the preparation of some paperwork. In all likelihood, you won't find a lawyer who is willing to spend the time, since the amount involved is so little.

You may have recourse with the Illinois Department of Consumer Affairs, or the Better Business Bureau where you can ask them to intervene: they can be effective if both sides are willing to come to a rresolution; otherwise, they are largely a waste of time.

You may also try Illinois Legal Aid and see what it is they can do for you...

I hope all these helps,

Nima Taradji

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Answered on 2/23/04, 7:32 pm


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