Can I Sue After Getting Trapped In A Car Wash (Through No Fault Of My Own)

[kzdutchie]

Can I sue after getting trapped in a car wash, I followed all instructions as given but was stuck, no one came to my assistance and I remained stuck shouting for help. I could not get out of the vehicle as the machine was still active. I called the car wash provider but no-one answered the phone. Eventually I got through to a family member who notified staff. Since this happened I have not been sleeping or eating properly. I get paranoid about getting locked in places and feel trapped in tight places. I have not been able to look at a car wash since

[Barmaid]

Potentially you could sue, but is it worth it? You were stuck there for a very short period and haven't really suffered any sort of loss, apart from a bit of emotional distress. I doubt you would be diagnosed with PTSD, so it probably isnt worth it since pi damages for emotional distress are worth peanuts.

[pixie373]

Sorry, he. Ours have closed doors, like a metal shutter front and back which drop down. I've never seen a carwash without doors (and use them quite regularly). I'm guessing this one must have had doors, too, or you wouldn't get "trapped", you could just drive out one way or another.

[boxtops]

Good point, barmaid (and you should know!) - there might be some outcome such as a H&S prosecution though, to ensure that it doesn't happen again to anyone else.

[pixie373]

Although they do have an emergency button you can press, if there's a problem.

[boxtops]

In a similar vein, it wouldn't occur to me to sue if I got stuck in a lift, even though I am pretty sure that it would trigger my claustrophobia :-(

[joko]

"through no fault of my own" - but you were not actually 'trapped' - you just stayed in the car and did not move it - you were in no danger and you are in your car all the time so i dont see how you were trapped

you could have just driven forward or back - or just got out the car - you say the machine stopped - it is only a set of rollers!
the worst that has happened here is that you got held up for half an hour

sounds like someone is just thinking they can spin this out to get some compo

[joko]

i woudl also add, if you do sue, steer clear of all the friday the 13th stuff and the 'it was like a horror film' nonsense ...

[sara3]

I would have thought being in the car would be more of an issue than "looking at car washes"!

if you were that concerned, you could have called 999 as you had your phone with you. I would have beeped the horn myself, or driven out when the opportunity arose.

[jno]

you could probably sue, but you might find getting involved in a legal process is more stressful than the original incident, and goes on a lot longer. Personally, I wouldn't bother, but to each his own.

[boxtops]

They'll also question what you did, why you didn't hoot or just get out, etc. Hooting hasn't been mentioned until just now, that seems a pretty obvious thing to have done.

[CokeTulip]

I do think it happens from time to time with some carwashes.

Personally I only experienced a cwash stopping once (thats good considering I use them lots) and it is hard to know whether safe to drive forwards or backwards or get out (you do not plan for this) -and I did panic slightly only because I was going to be late for somerhing.. mine restarted & when I told staff they mentioned they play up from time to time. (I gather they mainly self-run (irregular or remote checks) but I could be wrong).
I never read the instructions!! on the walls and I hate some as like driving on a railway track! Barmaid makes sense.

If you tried to drive forward or backwards, thinking it had stopped - that may have shut it down. Some are really sensitive and do a bit of "thinking" so you believe it has stopped but it hasn't and if you move the car even slightly mid wash, it throws it. I think I did this you see...
No harm in exloring your optons though.

[joko]

and all this coulda woulda shoulda about if you had got out and got injured is nonsense too - if you were that upset you would have just got out and gone the opposite way to the rollers - that were not moving ...
the machine is designed to have cars going through it - so how would reversing or driving through have damaged your car?
again if you were that scared you would have risked a few scratches to get out!

[factor-fiction]

How much would you hope to get from a claim? It may not be worth all the medical examinations, meetings, correspondence and could take a year or more, and you may not succeed

[mazie]

If I sued for every 30 minutes wasted in my life, I'd be a rich woman.

[boxtops]

There's nothing to stop dutchie trying to claim though, clearly they feel there is some mental stress as a result of this incident. Don't ridicule that.

[trt]

I think you have seen to many, no win no fee insurance claim ads!

[Peter Pedant]

.

Look the point of damages in civil llaw is to put you back to where you were- restore the status quo

it is not intended to be a meal ticket for life.

[Iggle Piggle]

Not a legal answer and not one that you want either but I have got out of my car once the wash had started and went to get a cup of coffee. I exited out of the rear of the wash when the brushes were on the bonnet area. No sweat.

[FredPuli43]

Barmaid has given the professional lawyer's opinion. I agree.
The defendant has to take as he finds; if you had an unusual sensitivity, such as claustrophobia, it would be no defence, if he were negligent, for him to say that you could only sue for what a healthy person could.

But you were perfectly normal before. You have to prove, by expert medical evidence, including specialists from the defendant's side, that you have a paranoia which is recognised by medical science and that it was caused entirely by negligence of the defendant.

To use a lawyer's expression "Fat chance !". And, as Barmaid says, the damages under this head are minuscule, not worth powder and shot in suing. Also, they are usually tacked on to other claims rather than claimed in their own right; usually some serious injury plus the mental suffering. That's not to say they can't be alone, but when they are they are extremely serious ones, a million miles from your little claim, as yet unproven.

If you want a proper lawyer's expression, try "de minimis non curat lex" (the law is not concerned with trivia ) and "injuria sine damnum" (l wronged but without hurt "

[tonywiltshire]

I suggest you contact a Solicitor who deals with these matters on a conditional fee arrangement, once they have the full information they will be quick to reject your claim if they do not think it will succeed. In my experience many claims are settled before they go to court.