Who’s to blame? Driver disputes fault after Tinley Park car wash crash

A machine moves your car, but when something goes wrong, who takes responsibility? What do you see when you look at this car wash now? I see. Sure, sure. I'm going to say death. I was so scared. I didn't know what was happening. I thought I might have died in there. It was so horrible. Bria Brooks says she was a monthly customer at this gas and wash on West 183rd Street in Tinley Park. Would you say that was number 20, 10, 15? Number 40. About number 40. So you've done this before? I always get my car cleaned. Uh-huh. But on January 16th, she says that familiar routine took a frightening turn. I was going through it and it kept moving and then all of a sudden it quit moving. Something like, they must have stopped the car wash or something. So I'm looking around. And it was just stopped and then it started a bad grinding underneath the car. She says she sat there for about four minutes until the driver of this black truck got out. Somebody knocked on the side of my window. It was the man behind me because he hit me. And she says that driver blamed the equipment. And he said, you know, I hit you. He said this machine, it malfunctioned. And I was like, oh my God. I'm sorry. Brooks says the manager said the company's insurance would pick up the tab for damages. The records we reviewed do not establish what caused the collision. The car wash's own incident report documents her complaint that the Lexus was rocking without moving and that she heard a loud noise. It also records scratches and dents. The manager assured me that they would cover it. You know, he said, okay, I'm sorry that this happened. I promise you, you know, we have insurance that will cover it. They wouldn't even give me the name of the insurance. Bria says the damage totaled about $4,000 and she also needed a rental car. Allstate's claim portal shows Brooks wasn't responsible, but the driver of a Ford F-150 was 100% responsible. That determination names the other driver, not the car wash. The car wash says that they have an adjudicator that says that I put my foot on the brake three times during the accident. Bria disputes that explanation and says she asked to see the video. The adjudicator didn't want me to see the video. So now I'm stuck with paying a $250 deductible, my premiums went up, And it looks like I, you know, I caused the accident in the car wash and it was their fault because their machine malfunctioned. At the entrance, a yellow sign reads, do not use brakes, turn off auto park brake. And under each instruction, you will be responsible for accidents. A warning sign does not automatically put the blame on the driver. Under Illinois negligence law, the question is whether a failure to use reasonable care caused the damage. That means examining how the car wash operated, whether its equipment was properly maintained, We'll be right back. Followed instructions. Fault can also be shared. A driver's compensation can be reduced by their share of responsibility. If they are found more than 50% at fault, they cannot recover damages under that rule. Bria insists she did not cause this accident. She wants other customers to know how quickly a car wash can become a dispute over damage and how difficult she says it has been to get answers. Tia Ewing, Fox Chicago. We did reach out to the car washes corporate headquarters for a statement and to see the video so far no response.