So the Wife Went and Filled Up Her Tank......

[erkevin]

At a local gas station. A few miles down the road, it dies and will not re-start. Got it (2019 Ford Escape) towed to local Ford dealership. Turns out, it was filled with diesel. mmm? wife error or station error? Receipt shows regular gas (by the price charged). While the Ford is being "stripped", another vehicle is towed in. Filled with diesel, purchased at the same station, on the same day.
When approached, owner of the station is immediately defensive. Denies any responsibility ("take it up with BP corporate"). Any suggestions on how to proceed, make a claim?

 

[Walt34]

A nastygram sent on the letterhead of a local attorney should get the station owner's full attention. I'd start there.

 

[camfused]

A nastygram sent on the letterhead of a local attorney should get the station owner's full attention. I'd start there.

Or contact local TV station news.

 

[jollystomper]

I thought a diesel pump will not fit into a regular gas tank? If so, it would seem that the regular pump tanks got filled with diesel. Owner might be claiming "Corporate sends the trucks to fill the tanks, its their fault". Anyway, agree with letter with lawyer letterhead, perhaps copied to local BBB and media outlets.

 

[skyking1]

go pull samples STAT from the pumps if they have not completely pumped them out. Document. If there is even a trace of diesel left in the regular tank, it becomes a slam dunk in court.

 

[street]

Or contact local TV station news.

Yep, get the news out publicly and things will work out in your favor. I'm sure there will be plenty more it has happened too.

Walt34, beat me to it. Get an attorney. You have the receipt others same problem I would say they will need to answer some questions. They will have to prove they didn't make the mistake.

 

[njhowie]

At a local gas station. A few miles down the road, it dies and will not re-start. Got it (2019 Ford Escape) towed to local Ford dealership. Turns out, it was filled with diesel. mmm? wife error or station error? Receipt shows regular gas (by the price charged). While the Ford is being "stripped", another vehicle is towed in. Filled with diesel, purchased at the same station, on the same day.
When approached, owner of the station is immediately defensive. Denies any responsibility ("take it up with BP corporate"). Any suggestions on how to proceed, make a claim?

I just saw an article like this last week...had to do with dirty diesel. Maybe it was the delivery guy who put the wrong gas into the wrong tank...wonder if he put the regular gasoline into the diesel holding tank? I might call the police or local inspector to shut the station down before they kill too many more cars.

Here is the article:
https://www.local10.com/news/local/...-fault-after-customer-sold-contaminated-fuel/

 

[foxfirev5]

Your transaction was with the station owner not the deep pocket oil company. They are responsible for the product they sell. Personal pet peeve with small business owners.

 

[erkevin]

The receipt from the Ford dealership specifically states "contents tested as diesel".

 

[easysurfer]

I thought a diesel pump will not fit into a regular gas tank? If so, it would seem that the regular pump tanks got filled with diesel. Owner might be claiming "Corporate sends the trucks to fill the tanks, its their fault". Anyway, agree with letter with lawyer letterhead, perhaps copied to local BBB and media outlets.

Yes, my thinking too.

I did accidentally try and put in a diesel pump in a car before but the non-fit saved me from a bad surprise.

 

[sheehs1]

Oh wow...this has been on the news lately in our state of Virginia. Gasoline pumps filled with diesel causing much angst. You might consider googling which states.

https://www.wric.com/news/local-new...in-pumps-costing-drivers-hundreds-in-repairs/

 

[Car-Guy]

When approached, owner of the station is immediately defensive. Denies any responsibility ("take it up with BP corporate"). Any suggestions on how to proceed, make a claim?

That's BS, the station owner/management is responsible if you got diesel from their reg gas pump... If it's a big brand name station (not a reseller) you shouldn't have any problems getting a fair settlement. If the station isn't cooperating, call customer services of the company. Still no luck, get a lawyer. Keep all receipts.

 

[Walt34]

The receipt from the Ford dealership specifically states "contents tested as diesel".

Your receipt from the gas station (not the Ford dealership) is your proof. That indicates the in-ground tanks were incorrectly filled with diesel. And while BP corporate may in fact end up paying for all this, your transaction was with the station owner so it's his responsibility.

 

[RetMD21]

The receipt from the Ford dealership specifically states "contents tested as diesel".

as above it would be nice to have the same thing on a separate gas purchase (into a can) from the same pump

 

[old medic]

We just had a similar issue here.... Several dozen bikes and cars sitting on the side of the road within a mile of a gas station... every one had just gotten fuel at the same place..
Water....

 

[HenryD]

A similar thing happened at a brand new station near us, but with water in the UST. The operators were very quick to shut the impacted pumps down and the parent company/brand took full responsibility immediately. By the time the owner has heard about your issue from more than one or two people, he'll change his tune if he has any brains.

 

[Car-Guy]

I drove a diesel Sprinter van for work a few years ago and always filled up in the regular car fill-up area and the diesel nozzle was the same size as the regular gas one. The pump used for semis is larger but not for regular diesel vehicles.

I only buy diesel for my tractors but the nozzles sure looks bigger to me. And I'm buying at the car fill-up pump area.

 

[foxfirev5]

I only buy diesel for my tractors but the nozzles sure looks bigger to me.

Yeah, I've filled more than my share of 5 gal cans with diesel and the nozzle is always bigger. ( Keepng a CAT D6 running). If not, this would be a much more common occurrence.

 

[Beldar]

go pull samples STAT from the pumps if they have not completely pumped them out. Document. If there is even a trace of diesel left in the regular tank, it becomes a slam dunk in court.

Yes, get a sample (from the same pump if possible). If it contaminated with diesel, and the receipt says gasoline, you'll have additional evidence. A time/dated photo of the sample container being filled would help.

How you pursue further action is up to you of course.

_B

 

[COcheesehead]

Document and file a small claims action. I would not waste time contacting the BBB - they are worthless. I would not hire an attorney. You can consult with one, but they are going to want a retainer -$2500 or a large settlement which this one likely will not produce unless it becomes a class action.
Word of warning, if you contact the media and you are proven wrong for some reason, the station owner can sue you for slander and libel. Doesn’t mean he will win, but if you drive business away from the station, he has damages.

 

[skyking1]

The nozzle is different. My wife's TDI beetle had a fill door that will not operate with the standard gas nozzle. It works both ways when the nozzle is correct. One of our regular stations had a gas nozzle on the diesel pump and did not realize the implications. After I told them the second time, they fixed it.

 

[street]

Reminds me of a true story when I was a teenager. A rancher/framer was having gas stolen but couldn't seem to catch the person stealing. I was told he let them keep stealing and then added water to the gasoline tank he had. He found the person that was stealing gas from him. The vehicle was stalled along the road the next day.

I knew both parties and thought it was quit an interesting way to find out who.

 

[SecondCor521]

They will have to prove they didn't make the mistake.

Not if it was in the United States, where defendants are innocent until proven guilty.

Since it's a civil issue, I think the standard of proof is the preponderance of evidence.

Shouldn't be too hard if OP saves the obvious pieces of evidence: original receipt from the gas station, testimony that they bought from pump X labeled regular gas, test info from Ford dealership showing diesel. Testimony from the other car with the same problem, plus a second test from the same pump if the station owner hasn't fixed it yet would also help.

Should be able to get repair costs, loss of use, diminished value, court costs, and legal fees I would think.

IANAL.

 

[Chuckanut]

go pull samples STAT from the pumps if they have not completely pumped them out. Document. If there is even a trace of diesel left in the regular tank, it becomes a slam dunk in court.

And bring a witness.

 

[njhowie]

Thinking about it more, I would also go back to the Ford dealer and ask for the contact info for the other person, and any others who brought their cars in having the same issue after filling at the station. You'll probably be in a better position handling it jointly rather than individually.