Melissa's Car Wash - Daytona Beach, FL Car Wash Tore Brake Assembly off Car - Owner claims no fault! Daytona Beach, Florida

This car wash tore off the brake light and assembly above my rear window! The normal one attached to most cars ... this was not anything aftermarket. The guy at the car wash pretty much told me too bad - I called their number and they had the flunky there call me wanting to put it back on - it stretched the holes it tore it out of! It cant just be put back on and he refuses to give me the owners name and number to contact directly. I went and got a quote to repair it $393. - will be a lot easier if they agree to fix it - if not my insurance company said they would go after them - also told me the following for everyones info: A car wash had two clauses in its standard terms 1.) the company is not responsible for damages on items attached to the car body, like mirrors, trimmings, scratches unless the company acted gross negligently. 2.) consequential damages will not be reimbursed unless the company acted gross negligently. The BGH ruled on November 2004 (re X ZR 133/03) that these stipulations are invalid because they violate 307 I BGB. They are invalid because they inadequately discriminate against the customer. Normally, you have to answer for the damages you cause. Generally, such provisions can be the small print in mass contracts. However, it is forbidden by law to sign you off liability in advance for gross negligence and purpose. If the injured person afterwards waives his or her compensation that is something else. The customer is not to be excessively disadvantaged. To sum it all up. if your car comes out of the car wash damaged, and the company has such invalid standard terms, they are liable so go after them! I've chosen to post this in every media outlet possible in hopes they will call me and agree to make it right - if not I'll keep posting and let my insurance company go after them .. expensive lesson for less than $400.