I was traveling in the state of SC - stopped at a gas station that had a car wash. Got gas and proceeded to the car wash. The door was open and I deposited my money, the flashing sign said Enter and i did. The car wash started - soap suds and the brushes, but never any water! I did not drive out in fear of damaging the car wash or my car. The car wash ended and I drove out covered in suds. Drove straight in front of the gas station door and proceeded to explain what happened. The person said, "I never turned the water on", there should have been cones in front of the doors. He then turned on the water and had me run thru the wash again (no charge), after this was over my sister and I got out of the vehicle and looked it over. It was early morning, dark and foggy and cold. We did'nt look it over very well. 2 hours later upon reaching our destination I looked the car over again and discovered that it had been scratched on both sides, front and rear by the brushes in the car wash! I"ve sent the station manager 2 letters (1 return receipt) and the BBB has sent them 3 notices. No response. Since then I"ve gotten an estimate of approx $500 to fix the scratches.. Do i have any legal recourse?
1 Answer from Attorneys
Yes. You will need to file a claim against the car wash/gas station in the magistrate court (small claims court). You can find the forms necessary to do this at www.judicial.state.sc.us/ Once at the site select "Court Forms" from the bottom right hand side of the webpage. Then select "magistrate" from the Forms by Court Type menu. On the magistrate page you will need a summons, complaint and instructions for Plaintiff. Good Luck!