New Court Ruling Holds Car Washes Liable for Vehicle Damage

In a significant ruling, the Federal Court of Justice (BGH) has clarified that car wash operators can be held responsible for damages incurred to vehicles during the washing process. This decision comes as a relief for drivers who have faced damage such as scratches, torn spoilers, or dents after using automated car washes.

The case that led to this ruling involved an SUV whose rear spoiler was ripped off during a wash. The vehicle owner sought compensation amounting to EUR3,200 and was awarded the claim, reinforcing the principle that the burden of care lies with the car wash operator, not the vehicle owner.

The BGH emphasized that customers should expect their vehicles to remain undamaged when entrusted to a car wash for cleaning. The court ruled that operators must ensure their equipment is designed to prevent damage to standard vehicle parts. Furthermore, the court stated that disclaimers or warning signs attempting to absolve the car wash from responsibility are not legally valid.

This ruling has important implications for both car wash customers and operators. Customers should be aware that if their vehicle sustains damage during a wash, they may have grounds for a claim against the car wash establishment. However, vehicle owners with aftermarket parts or modifications are advised to consult with the car wash beforehand to avoid complications.

In conclusion, this new legal precedent indicates that from now on, if a vehicle is damaged during a car wash, the financial responsibility will likely rest with the car wash operator rather than the vehicle owner, provided the vehicle is in its original factory condition.