I would say, contact a lawyer. Depends on your state but those signs don't usually hold up in court. A friend of my had his ///M5 damaged in a car wash that said they "hand wash" well it was a guy with a rag that wipes the car before it goes into the "touchless carwash".
They ended up paying for the repairs to his ///M5.
If they won't budge, your lawyer could always argue that it was supposed to be a "touchless carwash". Seems to me that the rocks did a lot of "touching".
On another note, I would never recommend using those "touchless" carwashes, ever, if you value your paint job. All of the sand and dirt under that high of pressure turns into sandpaper or a virtual sandblaster. Eventually you will peal off the clearcoat. Winter or not I would hand wash.
What I do if I am feeling especially lazy is bring a bucket and wash mit to the local pull in and do it yourself car wash. It says no handwashing, but they don't seem to mind so long as you are paying the whole time you are handwashing.
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Originally Posted by msammy
I have a sandblasted-looking windshield and you guys are going to think I'm crazy as to what I'm about to suggest. I hate seeing my X5 dirty during the winter months up here in the Northeast (where they heavily sand & salt the roads during snowstorms), so I frequent a new super high-pressure, touchless car wash after each and every snow storm. When they first installed this new car wash during the summer, I was especially impressed on how clean the X was after a 4 minute high-pressure wash. Now it's winter, and every carwash in our area is required to recycle water (as per law). Well, I wonder how much filtering is going on with this dirty; sand & salt infested water during the wash cycle. After a wash last month, as I pulled out into the street to drive away, I noticed a "starfield" of small pitts on my windshield that would rival some planetariums. Boy was I PO'd. A few days later, I noticed small pits & tiny dents on the hood surface and rear hatch - like I was doing 70 mph in reverse and hit a stone??? It's got to be this car wash. When I attempted to contact the owner of the car wash/gas station, his response was "the sign says enter at your own risk". Nice. Anyway, I'm curious, anyone else out there with a pitted windshield frequent a high-pressure car wash, or am I and my theory just plain crazy? 
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