Expert: Richard Hixenbaugh - 8/10/2009

Question
We live in Illinois outside of Chicago.  My wife was rear-ended in a car wash causing $600 worth of damage to our van.  There was no damage to the car that hit her, however, the driver of that car is claiming that there was a malfunction of the car wash that caused her to hit the van.  The carwash owner is denying any responsibility for the accident claiming that it is the fault of the driver.  Additionally, our insurance deductible is above the cost, so they cannot take steps to gain payment for the costs (some legality preventing them from doing so).  What can we do?

Answer
Hi Eric,

Unfortunately, in this situation it is a he said, she said. About the only thing you can do is to try to assemble as much info as you can and file suit against the driver of the car behind your wife as well as the car wash. Your wife will tell her story as will the others and let the judge decide who is telling the truth. That is about the best you can hope for.

I hope this helps
Richard Hixenbaugh