Elko Car Wash

On July 1st at approximately 2:30 PM PST, my boyfriend and I visited Elko Car Wash in the [redacted] Parking Lot located in Elko Nevada, to vacuum and wash our car. My car is a 2009 Toyota Corolla. After vacuuming the car we proceeded to go through the Automatic Car Wash and before we entered the automatic car wash, an attendant came over and began spraying my car off with the high pressure washer gun. While the attendant was spraying my windshield she allowed the gun to hit my windshield and this action caused a large crack in the shape of an 'S' on the lower part of my windshield on the driver's side. After washing the car, my boyfriend, [redacted], proceeded to file a claim as instructed by the attendant. He was even given a chance to speak to the owner of the car wash at this time, by phone. The first phone call with the owner went smoothly, however, when we didn't hear back from the owner ([redacted]) later in the day. My boyfriend gave her another call closer to 5 pm, and during this call she stated she may not cover the damages. Again, today at about 2:30 pm, [redacted] called and spoke to [redacted], the owner, and was told that my car is significantly old and that she doesn't feel that her business should be completely, 100%, liable for the damages which her attendant did to my windshield. The car was in the Parking gear and the emergency brake was set, the car was not moving, and both [redacted] and myself were seated in the car while the car was being sprayed by the attendant. I was in the driver's seat and [redacted] was in the front passenger seat. The windshield did not have any cracks or chips in the area which was damaged by the acts of the attendant. The owner is refusing to pay for the damages to my car's windshield, and this damage was directly caused by her attendant and is no fault of our own.Product_Or_Service: Car WashDesired SettlementIt is desirable for the business, Elko Car Wash to pay all costs for the replacement of my car windshield. If a rental car will be needed, I hope that they will pay for a rental car while my car is in the shop getting the windshield replaced.Business Response Thank you to [redacted] and [redacted] for their patronage at the Elko Car Wash. On July 1st I received a call from [redacted], my employee telling me about an incident at the car wash involving [redacted]'s windshield. At that time [redacted] wanted to talk with me. In this conversation I listened to him, told him our process and asked him to fill out and incident report. He phoned me 2 hours later to ask when he was getting a new windshield. I explained that I had not yet looked at the report and that I would get back with him after I had reviewed it. This is not the first time someone has brought us a situation like this. In these situations we have to take a look at all angles and see how we will proceed. In several cases we have found pre-existing conditions and have been able to come to a resolution that was fair to everyone involved. In an effort to provide a fair solution, the following morning I called 3 local glass companies and worked out an affordable replacement cost for the windshield. [redacted] called me before I called him. As I started to tell him about the offer I had for him he became slightly offensive. He started to argue with the offer before I had a chance to finish telling him about it. After this call he proceeded to harass us by calling my phone and employees phone 2-3 times each. Later that day he was at the car wash waiving papers and threatening court. We are terribly sorry for what happened to [redacted] windshield. After looking at the report we feel that this was not our fault. It is rare that we are unable to find a fair resolution in these situations. Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.)The accusations of harassment are untrue. Bottom line it doesn't matter what happened after the incident. Going back to the original incident, these are my statements:1.) [redacted] and myself were seated inside the car, with the car in the parking gear and the emergency break was set. Car was not in motion so therefore we did nothing to cause any damage to the outside of my car.2.) [redacted] the attendant was the only one washing the outside of the car with the spray gun and she was the only one who made contact with the windshield to cause damage. Therefore their business, Elko Car Wash should be held 100% responsible for the damage.3.) In this response, the owner mentions, "In several cases we have found pre-existing conditions and have been able to come to a resolution that was fair to everyone involved." This is not the case in our situation. During the owner's investigation, she read the report that was filed but neglected to request to see my car or my windshield. We also have a signed statement from the professional glass technician at [redacted], [redacted], who inspected the windshield damage and found that there was no rock chip present, and that the damage was caused by something larger making contact with the windshield.4.) In a side note the owner's offer was only to pay for half of the windshield replacement because she felt that our car was OLD. Because it has been found that there was no previous damage to the driver's side of the windshield where the new damage, incident occurred, we are not responsible even partly for the damage that occurred. The attendant should be 100% liable for her mistake, and her boss and the owner of the car wash should be professional in manner and stand up to their responsibilities when it comes to the mistakes of their attendants and the damage that is caused.[redacted] and I are both professional commercial drivers who possess valid Class B CDL's with Passenger Endorsements, therefore we know Federal and State Department of Transportation laws. The damage to the windshield that day was larger than a dollar bill and in driver's view therefore making the vehicle illegal to drive on Nevada Roads. I had to get the windshield replaced immediately. Their business is 100% responsible for the damage. We have contacted local courts and have sent the business a 10 day Letter to Pay, which they have ignored. We are now in the process of filing a claim in small claims court for 100% all damages, court costs, filing fees, subpoena fees, cab fares, and loss wages for court hearing appearance time. Elko County Courthouse will be in contact with the owners on this case. As to the owner's claim, "Later that day he was at the car wash waiving papers and threatening court." [redacted] by suggestion from the Elko County Clerk of Court, went to the Elko Car Wash only to get a valid address in order to serve the court papers to the business and he was told to leave the property which he did immediately, after the address was written down. The offer that the owner offered us of 50% is not acceptable, and that is why [redacted] mentioned court. It was not a threat, but instead was a statement of our next plan of action. Thank you for your time in this matter.