What Happens If You Get In An Accident In A Car Wash?

The risk of an accident happening in a car wash is real. In many cases, it’s not just customers who are affected; employees working in such environments face their own set of dangers. If you get in a car wash accident, you might be wondering, “What happens next?” Remember these key actions:

Car washes are busy, high-traffic areas where many things can go wrong in the blink of an eye. With vehicles moving, heavy machinery operating, and water and chemicals everywhere, accidents are unfortunately more common than you might think.

An accident in a car wash can leave you dealing with damage to your vehicle, medical bills due to injuries, or worse. To make matters more complicated, you may not know who’s at fault, whether it’s the car wash owner, the equipment manufacturer, or another customer. Even the manufacturers of the chemicals used during the wash may also share some of the blame.

In these cases, time is of the essence. Deadlines for filing claims are strict, and having the correct documentation is crucial. Car accident lawyers can help you save critical evidence, meet legal deadlines, and pursue compensation. If you’re seeking legal help, call AK Law at (888) 488-1391. We offer free initial case reviews!

What To Do After Getting In An Accident At A Car Wash

Being involved in a collision, slip-and-fall accident, or work-related incident at a car wash can be a frustrating and confusing experience. Things can go wrong in an instant. After a car wash accident, you may be wondering what to do next. Here are some steps to consider:

Common Types Of Accidents In Car Wash Facilities

Serious hazards can lurk in every corner of any car wash. Failing to address safety issues or ignoring these dangers can lead to the following types of accidents:

Slip, Trip, And Fall Incidents

Slip and fall accidents are common in car washes. Victims may file a premises liability claim if owners fail to fix or warn about these dangers:

• Wet or soapy floors in walkways, restrooms, or lobbies.
• Oil puddles or leaks in vacuum areas.
• Tools or hoses left in walking paths.
• Lack of rubberized mats in wet areas.

If you were injured in a slip-and-fall at a car wash, speaking with premises liability attorneys can help clarify your options for seeking compensation.

Vehicle-Related Accidents

Vehicle collisions are also a possibility at a car wash. Rear-end or sideswipe crashes can occur in a car wash parking lot or driveway area. Drivers may unintentionally press the gas pedal while inside an automatic car wash. Some people may ignore right-of-way rules or traffic instructions when entering or exiting the car wash lanes. In such situations, liability may extend to both the driver and the car wash operator, depending on the circumstances surrounding the crash.

Equipment Failure Accidents

Equipment failures can cause serious injuries. One case involved a hose tangled in a rotating brush while machinery was left running, striking and killing a supervisor.

Equipment and machinery hazards inside car washes include:

• Brushes or rollers striking vehicles or people.
• Conveyor chains pulling or jolting cars.
• Malfunctioning sensors in automatic car washes.
• Missing guards or broken safety features.
• Electrical issues near water.
• Structural defects, such as falling signs and fixtures.

When equipment fails, the car wash owner or the manufacturer may be held responsible for the resulting damages.

Electrical-Related Accidents

Exposed wiring, faulty equipment, or servicing machines without shutting off power can cause serious injury or death. The CDC reported a case where a 15-year-old worker was electrocuted and died while removing a motor that was not turned off.

These types of incidents underscore the importance of employers maintaining a safe workplace and adhering to proper lockout and tagout procedures. Ignoring safety rules increases the risk of accidents.

Chemical Exposure Incidents

Car washes use strong soaps and cleaning agents. Poor ventilation can cause headaches, dizziness, or breathing problems. Long-term exposure may cause skin or respiratory issues. Chemical exposure can create grounds for a claim when owners fail to address spills, improperly ventilate areas, or violate OSHA standards.

Assault Or Battery On Premises

A fight, robbery, or argument with another customer or employee could cause injuries. In such cases, negligent security claims may apply if the owner failed to provide reasonable protection.

Other Unique Incidents

Even unusual incidents can create liability if someone failed to use reasonable care. Less common but still possible accidents include:

• Vehicles driven by customers or employees hit pedestrians.
• Dog bites from pets brought onto the property.
• Falls from broken chairs or benches in waiting areas.

Common Injuries Victims May Sustain In A Car Wash Accident

The risk of serious injury is real when working with heavy car wash machinery or around moving vehicles. The type and severity of harm often depend on how the accident happened.

Common bodily injuries include:

• Head injuries
• Brain injuries
• Internal bleeding
• Cuts and lacerations
• Eye injuries
• Sprains and strains
• Soft-tissue damage
• Burn injuries
• Neck injuries
• Back injuries
• Spinal cord injuries
• Hip & knee injuries

Many victims need ongoing care, from surgeries to therapy. Quick medical attention protects your health and provides records you’ll need if you file a claim.

Who May Be Legally Responsible For A Car Wash Accident

Responsibility depends on how the accident happened. Understanding what caused the accident can help you identify who may be liable for your injuries and determine which claims may be applicable.

Some car wash accidents may be:

• Premises-Related — Wet or uneven floors, poor lighting, or unclear traffic flow on the property.
• Vehicle-Related — Drivers who act carelessly, speed through the lot, or hit another car or pedestrian.
• Equipment-Related — Broken rollers, conveyor chains, or defective sensors that cause accidents.
• Workplace-Related — Hazards from chemicals, machinery, or unsafe practices that may violate OSHA safety standards.

Each hazard may point to a different responsible party. In some cases, more than one party may share the blame. These may include:

• Car Wash Owners or Operators — The car wash can be held liable for failing to maintain equipment, not providing staff training, or failing to post warnings if any of these issues result in an accident. A car wash’s liability insurance might cover customer injuries or damage in this situation.
• Other Drivers — If a driver is speeding, disregards conveyor system procedures, or crashes into another vehicle during the car wash process, they may be held responsible. In such cases, the at-fault driver’s insurance or your own auto policy could cover the damages.
• Employees — Car wash employees could share responsibility for their reckless actions while attending to vehicles, operating equipment, or assisting customers.
• Equipment Manufacturers — If defective machines or sensors cause harm, the manufacturer may be held liable under product liability laws.

Safety Tips At Car Washes

The Occupational Safety and Health Administration (OSHA) has partnered with the International Carwash Association (ICA) to improve safety in the car wash industry. They focus on reducing hazards through training, safe equipment use, and hazard prevention.

Both workers and customers can reduce risks by following these tips:

1. Watch for Slippery Areas — Wet floors mixed with soap or oil can be hazardous. Wear shoes with good traction and be aware of posted warning signs.
2. Stay Alert Around Vehicles — Cars move constantly in tight spaces. Stay aware of your surroundings, maintain a safe distance, and follow marked lanes and traffic instructions in narrow wash areas.
3. Use Equipment Properly — Workers should receive training on how to operate brushes, conveyors, and other machinery safely and effectively. Customers should follow all posted instructions.
4. Avoid Harmful Chemicals — Strong cleaning products and exhaust fumes can be dangerous. Car wash owners should ensure good air circulation and provide workers with protective gear when needed.
5. Keep Walkways Clear — Hoses, brushes, or bottles left on the ground can cause trips and falls. Employees should regularly check and clean work areas.
6. Check Waiting Areas — Broken chairs or benches can cause falls. Only sit on furniture that looks solid and safe.
7. Follow Posted Guidelines — Read and follow all safety notices, including those for pedestrians, drivers, and staff.

Simple precautions like these reduce risks and make car washes safer for everyone. When you notice hazards, be alert and act promptly to help prevent accidents.

Proving Fault In Car Wash Accident Cases

Determining who is legally responsible in a car wash accident is crucial. Depending on the cause of the accident, the law considers several possible ways to establish fault. Each path focuses on proving fault and connecting it to the harm suffered.

• Negligence — Most personal injury cases follow the principle of negligence. To establish negligence, you must prove four elements:
  • Duty of Care — The person or business had a legal duty to act reasonably to prevent harm.
  • Breach of Duty — They failed to meet this standard of care, which caused your injury.
  • Causation — The careless action directly caused your injury. You have to establish a clear connection between what they did wrong and the harm you suffered.
  • Damages — The victim suffered actual losses, including medical bills and lost wages.
• Premises Liability — Owners must keep their property in a safe condition for both employees and customers. Injured parties may file claims for injuries resulting from wet floors, poor lighting, missing warnings, or unsafe equipment. A premises liability lawyer can evaluate these claims.
• Vicarious Liability — Employers can also be held accountable for actions taken by employees while on the job. Examples include:
  • An attendant carelessly handled a vehicle and struck a pedestrian.
  • An employee is disregarding safety rules, posing a danger to customers.
• Product Liability — Manufacturers can be held responsible for design defects, production errors, or failure to provide proper warnings. Common equipment linked to product liability claims includes broken sensors, conveyor chains, and rollers.

Types Of Compensation Victims May Pursue In A Car Wash Accident Claim

Car wash accidents can result in various types of claims, depending on whether you are a customer, visitor, or employee. The damages you may file a claim for depend on the facts of your case. Here’s a breakdown of what you may be entitled to:

Your Time Limit For Filing A Lawsuit In California

The statute of limitations is a deadline for filing a lawsuit. Once this deadline passes, you lose the right to take your case to court, no matter how strong it may be.

In most California car wash accident cases, you have two years from the date of the injury to file a lawsuit. This time limit applies to most victims.

However, certain situations can pause or extend the time limit, such as when the:

• The injured person is a minor.
• The victim is mentally incapacitated.
• The defendant leaves the state after the accident.
• The claim involves a government agency, which often has a much shorter filing window.

If you’re unsure about your case’s deadline, ask a personal injury attorney to be sure.

FAQs About Car Wash Accident Claims

Car wash accidents raise many questions for both customers and employees. From insurance coverage to liability issues, the details can be confusing. Below are answers to the victims’ most frequently asked questions following these incidents.

For additional guidance on injury cases in California, you can also visit our Frequently Asked Legal Questions page.

Will My Auto Insurance Cover Car Damage From A Car Wash Accident?

Your coverage depends on your policy and the circumstances surrounding the accident. Collision insurance typically covers car damage from an impact inside the wash. Comprehensive insurance may cover non-collision damage, such as damage from falling objects or debris. Liability-only policies don’t cover your own vehicle but may cover damage you cause to others.

What If Both My Car And The Car Wash Were Damaged?

You should notify your insurer right away. Your collision coverage may cover the cost of repairs to your vehicle, minus your deductible. If you share responsibility, your policy’s property damage liability may cover the car wash’s losses. The car wash’s insurance may be responsible in some cases, depending on who was at fault.

I Am An Employee. Are There Exceptions To Workers’ Compensation?

Workers’ compensation coverage typically applies to injuries and illnesses that occur during work. However, it usually doesn’t include self-inflicted injuries, those involving alcohol or drugs, or incidents outside of work. In California, employers are required to offer workers’ compensation to their employees, but they are not obligated to provide coverage for independent contractors.

For example, if construction crews are fixing something on a car wash site and an injury occurs, workers’ compensation may not cover the incident if certain conditions aren’t met.

In addition to knowing what to do after a construction-related accident, individuals who have been injured should consider consulting with an attorney to ensure their rights are protected. A work injury lawyer can review your situation and tell you whether workers’ compensation covers your injuries. They can also check if you may have a third-party claim.

Can I Take A Car-Damage Dispute To Small Claims Court?

Yes. Keep receipts, repair estimates, and photos as proof of the damage. First, try to resolve the issue with management and save copies of your emails or texts. If the dispute continues, the small claims court may be a good option for modest repair costs.

However, you may have other options if your situation involves injuries and property damage. You might wonder, “Do I need a personal injury lawyer?” In this case, legal representation can help you pursue more compensation beyond small claims if the law and the facts of your case support it.

Could The Equipment Maker Be Responsible For A Car Wash Accident?

Yes, it is possible. If a defective sensor, chain, or controller caused the accident, you may have a product liability claim against the manufacturer. This would be in addition to any claim against the car wash or another driver. Victims can seek free accident lawyer advice to determine if a manufacturer is liable for their injuries.

What Legal Options Do I Have After An Accident At A Car Wash?

Your legal options depend on your role in the incident:

• Customers and Visitors — A personal injury claim or lawsuit may help you get compensation for medical bills, lost wages, pain and suffering, and other damages from the accident. You may have grounds to file a personal injury claim if you were harmed by:
  • Unsafe conditions
  • Careless drivers
  • Broken equipment
• Employees — Your employer is responsible for providing a safe working environment. As a car wash employee, you may file a workers’ compensation claim for injuries at work. Car wash employees may also file a third-party lawsuit or claim in certain scenarios. This may help you obtain additional compensation beyond workers’ compensation.

What Evidence Should I Gather After A Car Wash Accident?

If you’re involved in a car wash accident, gathering the right evidence for insurance claims or legal purposes is crucial. The following pieces of evidence can help you handle insurance claims, legal disputes, or any follow-up needed after the accident:

1. Photos and Videos — Capture the damage to your vehicle from multiple angles, including the car wash equipment involved.
2. Witness Information — If there are witnesses, collect their names, contact info, and statements.
3. Car Wash Details — Write the names of staff on duty and the manager’s contact information. Get the car wash’s business details.
4. CCTV Footage — Request the surveillance footage from the car wash.
5. Police Report — If police were called, get the officer’s name and report number.
6. Save Receipts — Keep receipts for the car wash and any repair costs.
7. Recovery Journal — Write down a detailed account of the incident while it’s fresh in your mind. Keep a journal of your pain and suffering in the days that follow.
8. Medical Records — If you sustained injuries, seek medical attention and keep all records of treatments and bills.

Contact A Lawyer To Discuss Your Car Wash Accident

An accident at a car wash can result in medical expenses, income loss, or long-term injuries. Consulting with an accident lawyer can help you understand your rights and gather important evidence. They can help identify who may be held liable.

If you’ve been injured due to unsafe conditions on someone else’s property, we’re here to help you seek compensation. Contact our accident attorneys at Arash Law if you get injured or your vehicle gets damaged in a car wash accident. We also handle other premises liability cases, including slip and fall accidents in restaurants, incidents at amusement parks, and accidents related to apartments. Call (888) 488-1391 or complete our “Do I Have A Case?” form to schedule a free initial consultation.