Legal Question in Personal Injury in West Virginia

Diesel in Gasoline Tanks

I purchased what I thought was gasoline for my car and found out 3 days later I had actually pumped diesel fuel into my PT Cruiser. The tanks at the gas station had been accidently filled with Diesel fuel. Over 600 gallons were sold before the mistake was discovered. THey are fixing my car but I am afraid I will have problems later. What course of action should i take?


Asked on 6/09/05, 2:56 am

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: Diesel in Gasoline Tanks

Your experience gives rise to a claim under both tort and breach of contract. Both will allow award of compensatory damages for the harm caused. Your harm may be loss of value of the car if there are any residual effects. You should know within a few weeks if there is any residual harm but could wait as long as a year before the statute of limitations would prevent recovery. Presumably the insurnce company will pay the costs, rental and other known harm and not require a release. If they insist on a release, you might elect to fix it yourself and wait and see for a while prior to accepting payment.

Read more
Answered on 6/09/05, 3:22 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in West Virginia