This ruling establishes that car wash operators face a high burden of proof to avoid liability; they must demonstrate that they were not at fault in causing any damage.

Judge Rüdiger Pamp emphasized that both the vehicle and the car wash were in proper condition prior to the incident, but the wash was not compatible with the vehicle's design.

As a result of this landmark decision, drivers are now in a stronger position to claim damages for vehicle harm occurring in car washes.

The case involved a Land Rover owned by Bernhard Storm, who sought over 3,200 euros in damages after the vehicle sustained significant damage, including the loss of its rear spoiler, during an automatic car wash.

Initially, a lower court ruled in favor of Storm, but an appeals court overturned this decision before the BGH reinstated the original ruling, affirming that the car wash was unsuitable for the Land Rover model.

On November 21, 2024, the Federal Court of Justice (BGH) in Germany ruled that car wash operators are liable for damages to vehicles that occur during washing, provided the vehicles are factory-standard equipped and not modified or previously damaged.

Industry experts believe this ruling will have significant implications for the car wash sector, potentially leading to increased insurance costs and higher prices for customers.

Car wash operators must now pay closer attention to vehicle specifications to avoid liability for damages during the washing process.

Storm expressed relief at the ruling, describing it as a landmark decision that would help many others facing similar issues in Germany.

The court emphasized that it is the responsibility of car wash operators to ensure their facilities are suitable for all standard vehicles, and they can exclude certain vehicle models if necessary.

However, if drivers are at fault—such as having improperly attached parts—their claims may not succeed, depending on the specific circumstances of each case.

The ruling is significant, as many drivers in Germany face similar damage issues and rely on car washes to protect their vehicles.