Would be very difficult to prove they were at fault without an independant witness or cctv footage.
Have you spoken to the manager and not just the pleb serving behind the counter (who probably left it unsecure and is covering their *** by saying "we are not liable) ?


Just for info - its around £60 for a dint removal firm to get the mess out, so long as the paints not broken.

Chris

Behave Yoza !

[Edited by SCOOBY TOWERS - 9/4/2003 1:03:50 PM]

 

Last night I was at the petrol pump filling my car up with Optimax when the Diesel nozzel which had one of those yellow "not in service" covers over fell from the pump and seriosly dented the back drivers side door. Went in and explained what had happened and they said they werent liable for it. I do know that if damage is caused at the car wash/jet wash then they aren`t but surely they must have some sort of blame as it was obviously a staff member that hadnt replaced the nozzel properly with the out of service cover being on it.

Do I have a case here or will I just have to get the dent fixed??

Leisa

 

Did they have "were not liable" signs clearly visable ?

 

I only seen the ones for the car washes, when I asked them to look at the cctv and they could see what happened they advised that they had no cctv on the forecourt (find that hard to believe!!)

 

just get a van and drive through the window then say sorry not my van im not liable

seriously you have to prove who was negligent probably no chance

my wife works in a petrol station and these things happen all the time you put a cover on and stupid people still try to use the pump dont put it back right then it falls out usually on the ground then some tossbag runs over it

 

in this case unfortunatley it hit my car before it hit the ground!!!

 

sorry just being realistic you will have to fix it yourself

 

The "no liability" signs are load off rubbish. If you had run into the pump with your car and you said you had no liability what would they say.
I know that at my local shell that there is one pump with no camera. I know this because you have to pre-pay and is the only one of the 5 there that you have to. I would go back and ask to see the manager and if needs be take them to the small claims court.

 

Where is this garage.......no CCTV interesting!

 

LOL yoza!

 

not wanting to hijack but if the car wash damages your car they must bi liable as they are providing a service, a little sign saying you are not liable doesn't mean they aren't.

 

thats true about the car wash my wifes station has signs saying not liable but they have payed for damage ocasionally
what happened here is a bit different though anyone could have left the pump loose

 

but should it not be the stations responsability to provide a safe enviroment to purchase there product from???

 

This happened to my Mum except the whole metal front panel of the pump fell off and hit the car. She did not have a problem getting the repair costs paid by the garage as I remember.

 

years ago i had a large plastic bin blow into the side of my car whilst windy in a petrol station, i got two quotes and they paid half the amount
mark

 

This no liability thing is a load of tosh! if a petrol station is inviting you onto there forecourt to use there facilies they are liable! if they are providing a service it should in no way harm or dammage in any way the customer/any thing belonging to the customer trying to use them. talk to your brief m8

 

I was filling up with fuel and got talking to someone. My mate paid for the fuel and then we both jumped in and drove off. As I drove away there was a massive bang. The nozzle was still in the car and it snapped the nozzle in two. I stopped, picked up the pieces and handed them to the guy behind the counter. He didn't say a word. No damage to the car either. Was very funny at the time

 

The no liability thing doesn't wash. I put the wife's Previa through a car wash with "no liability" signs everywhere and it tour of the rear spoiler. I complained to the manager who was not interested so wrote to Esso and they said the station (a franchise) was liable and that they would make him pay up or remove his franchise. He paid up pretty quickly after they contacted him, 100% of the repair cost.

 

Hi all
My 2p worth.

L19ESA, I would pursue it for a while.
Slightly different circumstances but....

I had my car parked in a supermarket a while ago. Whilst shopping a shopping trolley had smashed against the side of the car leaving quite a nasty dent and paint work damage. (This wasn't on my scoob incidently) anyway, the supermarket paid in full for the repair work to be carried out!
My point was that even though it was not a supermarket employee that touched the trolley last the trolley WAS the property of the supermarket and they took responsibility for it.

So if a customer had left the nozzle incorrectly (or cover), it is still the garages property that caused the damage! and maybe they should have ensured that it was correctly housed or secured which it was not.

Good luck with your claim.

 

I have tried to contact the manager but apparently she`s not in at the moment. Got one of my work mates to phone and ask about an incident that had happened (hadnt really though) and the girl on the other end of the phone said she would look through the cctv footage to see if she could find anything - so they DO have cctv think they are trying to pull a fast one. Will still persist to get in contact with the manager and will let you know how I get on.

Thank you for the replies

Leisa

 

Don't let this go Leisa, even if they pay half of the repair cost. In my opinion they should be liable for it all. Make sure you see the CCTV footage before they use the tape again!

Drive carefully.

Derek.

 

is it a franchise or a company owned station bp esso etc

 

It was a shell garage, I have phoned and asked if they were franchasied or company owned and they said they were unable to tell me so not sure yet but when I speak to the manager I will ask her.

 

If you can demonstrate that the garage was negligent then they are liable for your costs; irrespective of any signs displayed.

 

if the petrol station has cctv cameras, then under the data protection act you have the right to view the footage, it is against the law for them to refuse access to them.

persue the claim, if the manafger refuses to pay in full then complain to head office, in most cases they will do anything to keep the customer happy. if you don' ask you don't get...

 

unable to tell you what a lot of bull they must know who they work for idiots!

proving whos fault it was is your problem though

you have to ask yourself if you want all the stress of chasing it up

if a part other than the nozzle had hit the car there would be no problem but the garage cannot check the nozzle after every customer just not practical is it?

 

I have got a hold of the manager - eventually. She was apologetic and advised me to write a letter stating times, pump used and what had happened and she will forward it on to their insurance company and will have to wait to see what happens.

Pugoetru - I dont mind the stress of chasing up as I know that it wasnt due to my own fault that the damage was caused therefore would rather chase it up than have to pay for the damage to be repaired.