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Car Forum / Dodge / Dodge Trucks / May 2006need HELP!!
Hi Guys, Just had a fiasco at a local gas station. I stopped atone gas station on the way home from the gym, on Route 4 in Paramus NJ. Was told they only took cash, so on to a Mobil in Hackensack NJ to get gas. I pull up to the pump, give the IDIOT pumping gas my debit card and ask for $10. He charges my card $100! Then over the next half an hour, no joke...attempts to credit my card numerous times, even asks for my HELP! Well, finally, I get my receipt and a receipt for $100 credit...the guy walks away, I drive away...and WHAMO! The nozzle was left inside my 2002 Dakota QC. I stop, maybe I should have gotten out of the car and looked, maybe should have called the cops but we did not. The worker calls his boss who I assume tells the guy it is his fault that this happened...The worker then comes up to me and say he is sorry it is all his fault. I drive home, never thinking something might be wrong...now I have a bunch of scratches on my truck that will need to be compounded at the very least. Yes, I know I should have looed before pulling out, and probably should have called the cops. I fully intend on reporting this to the cops. First off, is this my fault? If not, then I assume I have a legit gripe and cold ask for some compensation on gettnig my car compunded? I can do it myself with not a lot of effort. I guess just after sitting there for 30 minutes waiting on a credit, just agrevated me and I was not thinking straight. Any help someone can give me would be greatly appreciated. Thanks guys. I have no idea why you would call the cops. You have a civil complaint not a crime. Hopefully the station will pay to get your vehicle repaired. That should be where you start. > Hi Guys, > [quoted text clipped - 21 lines] > Any help someone can give me would be greatly appreciated. Thanks > guys. Because it is a motor vehicle accident? Why call the cops when you get hit by another car? That is civil as well, not criminal. > Because it is a motor vehicle accident? Why call the cops when you get > hit by another car? That is civil as well, not criminal. So when the hell is NJ going to wake up and allow self-serv? >Because it is a motor vehicle accident? Why call the cops when you get >hit by another car? That is civil as well, not criminal. I agree, you should have called cops and got there take on it and a report too. ----------------- The SnoMan www.thesnoman.com >> Because it is a motor vehicle accident? Why call the cops when you get >> hit by another car? That is civil as well, not criminal. > > I agree, you should have called cops and got there take on it and a > report too. On city streets or public property the cops can issue a citation for a traffic violation. On private property in most states traffic laws do not apply and thus no citations issued. Even on public property the cops do not decide who pays. They issue a citation for a traffic violation. Insurance companies take that into consideration but it is not binding. Thats why courts are often used when dealing with large cases. I see no reason cops could or would do a thing unless NJ has some unique type of laws governing gas pumps being left in a car. I realize the cops do not decide who pays nor do I want them to issue any tickets. I just thought it wold be the right thing to do, like an incident report so if anything went to court, it would be on record. I am basically asking who is at fault here. Is it my faiult for not checking my mirror is is the gas station attendant's fault for not remving the nozzle from my tank? Thinking back now, I might not even notify the police as you are right, I do not see what they can do. i do however...fully intend on writing a letter to the gas station with some photos I took. The scratches are not that big...but we all know any scratch or ding bothers us. Thanks for all your help so far. Joe >I realize the cops do not decide who pays nor do I want them to issue > any tickets. I just thought it wold be the right thing to do, like an [quoted text clipped - 6 lines] > some photos I took. The scratches are not that big...but we all know > any scratch or ding bothers us. Thanks for all your help so far. They would not take a report or not even bother to come due to it being on private property > Joe Very true, I had a young girl cut me off in a Target parking lot, which caused me to have to lay down my motorcycle, causing about 500 in damages. The ONLY thing the police did when I called them was ask if I needed an ambulance. Though it could have been classed as fleeing the sense of an accident, being that it was on private property, nothing was or would be done. >>I realize the cops do not decide who pays nor do I want them to issue >> any tickets. I just thought it wold be the right thing to do, like an [quoted text clipped - 11 lines] > >> Joe > I realize the cops do not decide who pays nor do I want them to issue > any tickets. I just thought it wold be the right thing to do, like an [quoted text clipped - 6 lines] > some photos I took. The scratches are not that big...but we all know > any scratch or ding bothers us. Thanks for all your help so far. If the station was full service and the attendant gave reasonable indication that they were done then it is their fault. Handing you a receipt indicating they were done pumping to me is reasonable indication that you can safely drive away. The only way for it to be your fault is if you drove off without any indication they were done. Can you talk to the station owner/manager in person? It's possible they will agree to fix your car without any fuss. Try the nice approach first. > > I realize the cops do not decide who pays nor do I want them to issue > > any tickets. I just thought it wold be the right thing to do, like an [quoted text clipped - 14 lines] > the station owner/manager in person? It's possible they will agree to > fix your car without any fuss. Try the nice approach first. i have to agree but at the same time not really miles. the thing is I was always taught that "you" were responsible for the safe operation of your vehicle. so checking the mirrors before pulling off/making sure refueling equipment is properly disconnected is your responsibility. but that being said, it was a full service station and the attendant performed as if service was completed to any reasonable persons perception, leaving the operator with the indication that the service was complete. so yes i belive they share in the responsibility. in truth both should have checked. the attendant as part of his job and the operator as part of safe operating practices. thats my take on it. also.... yes always try the nice approch first.  Signature-Chris 05 CTD 06 Liberty CRD Christopher Thompson wrote: > i have to agree but at the same time not really miles. > > the thing is I was always taught that "you" were responsible for the safe > operation of your vehicle. Thats true. None the less the station should foot the bill for repairs if the attendant forgot the pump handle and gave the receipt indicating service was done. > Christopher Thompson wrote: > [quoted text clipped - 6 lines] > if the attendant forgot the pump handle and gave the receipt indicating > service was done. yes exactly that is why i said i believe they share in the responsibility. now wiether the station deciedes to foot the bill or help with the bill or what ever isnt my call. if it were my station i would atleast help with the bill. Signature-Chris 05 CTD 06 Liberty CRD > Christopher Thompson wrote: > [quoted text clipped - 6 lines] > if the attendant forgot the pump handle and gave the receipt indicating > service was done. Well, since the OP basically stole the fuel, I'm not so sure about that. IIRC, the attendant accidentally charged him $100 for $10 worth of fuel and then spent 1/2 an hour trying to refund the difference. The OP then stated that the attendant gave him back a receipt showing a refund of $100 (the full amount) after pumping the fuel. Now unless the attendant clearly stated that he was done and was giving the fuel to the OP for the delay (like that would ever happen), it must either be assumed that the transaction was not complete or that the attendant screwed up and the OP was going to drive away with the fuel that he didn't pay for. Then again, the OP possibly didn't state it clearly and in fact did pay for the fuel but even still, I would think that in a half an hour of waiting, he would have checked to make sure the pump was removed from the filler tube. SignatureIf at first you don't succeed, you're not cut out for skydiving >If the station was full service and the attendant gave reasonable >indication that they were done then it is their fault. Handing you a [quoted text clipped - 3 lines] >the station owner/manager in person? It's possible they will agree to >fix your car without any fuss. Try the nice approach first. Yep.. I think in most cases the gas station is going to make it better... If it was the attendants fault, that means that it is the stations fault, right? I would think that they have to be insured for stuff like that... Mac https://home.comcast.net/~mac.davis https://home.comcast.net/~mac.davis/wood_stuff.htm >I realize the cops do not decide who pays nor do I want them to issue >any tickets. I just thought it wold be the right thing to do, like an [quoted text clipped - 8 lines] > >Joe Local Police or Sherrif can intevene and have the athority to do so. They are no just blessed with traffic powers, theft is theft regardless of method used. ----------------- The SnoMan www.thesnoman.com > Local Police or Sherrif can intevene and have the athority to do so. > They are no just blessed with traffic powers, theft is theft > regardless of method used. What theft has taken place in this case? The cops will do nothing. An accident occurred on private property. They have no authority to intervene at all. > Because it is a motor vehicle accident? Why call the cops when you get > hit by another car? That is civil as well, not criminal. On private property which in most states means no citation can be issued. Even on public, what would the traffic citation for leaving a gas pump in be? The cops can't and won't do anything. He needs to see if the station will pay for damages. If they refuse then next step is small claims. >Because it is a motor vehicle accident? Why call the cops when you get >hit by another car? That is civil as well, not criminal. Depends on your State DMV law.. I think in CA they won't do a police report unless there's more than a certain $ amount of damage... other states require on every accident, I think? Mac https://home.comcast.net/~mac.davis https://home.comcast.net/~mac.davis/wood_stuff.htm > Because it is a motor vehicle accident? Why call the cops when you get > hit by another car? That is civil as well, not criminal. Civil if on private property. > Hi Guys, > [quoted text clipped - 5 lines] > joke...attempts to credit my card numerous times, even asks for my > HELP! Well, finally, I get my receipt and a receipt for $100 How were you overcharged on a card if they only accept CASH ONLY? > credit...the guy walks away, I drive away...and WHAMO! The nozzle was > left inside my 2002 Dakota QC. I stop, maybe I should have gotten out [quoted text clipped - 12 lines] > Any help someone can give me would be greatly appreciated. Thanks > guys. > How were you overcharged on a card if they only accept CASH ONLY? Reading Comprehension - an important skill. He left the first station that was "cash only", and went to another one that did accept debit/credit cards. Of course - why the OP decided to include that prologue, as it had absolutely nothing to do with the event that occurred, is another issue. As far as the question of fault, given that NJ doesn't allow us to pump our own gas, it is the attendant's responsibility to make sure the vehicle is clear to pull away before completing the transaction. >> How were you overcharged on a card if they only accept CASH ONLY? > [quoted text clipped - 8 lines] > our own gas, it is the attendant's responsibility to make sure the vehicle > is clear to pull away before completing the transaction. Well, this is a new one on me, I disagree with both you and Miles. The operator of the vehicle is the only one to make sure his way is clear and his vehicle is unencumbered. The fuel filler is on the drivers side, that makes for a very easy check to make sure you're clear. IMHO, while the attendant is clearly negligent and a contributory factor, the actual fault lies with the driver. There's no one else operating the vehicle and no damage was done until it was moved. > Well, this is a new one on me, I disagree with both you and Miles. The > operator of the vehicle is the only one to make sure his way is clear and [quoted text clipped - 3 lines] > lies with the driver. There's no one else operating the vehicle and no > damage was done until it was moved. The fuel filter is not always on the drivers side. Many cars its on the passenger side. >> Well, this is a new one on me, I disagree with both you and Miles. The >> operator of the vehicle is the only one to make sure his way is clear and [quoted text clipped - 6 lines] > The fuel filter is not always on the drivers side. Many cars its on the > passenger side. I figure the person who put it in should be the one removing it. Roy >>> Well, this is a new one on me, I disagree with both you and Miles. The >>> operator of the vehicle is the only one to make sure his way is clear [quoted text clipped - 8 lines] > > I figure the person who put it in should be the one removing it. Does your wife agree with that too????? <BFG> Denny > Roy >>>> Well, this is a new one on me, I disagree with both you and Miles. >>>> The operator of the vehicle is the only one to make sure his way is [quoted text clipped - 13 lines] > > Denny With the size of your stomach, I'm sure it is never a issue. Ya have the toys cleaned up yet?? Roy >>>>> Well, this is a new one on me, I disagree with both you and Miles. >>>>> The operator of the vehicle is the only one to make sure his way is [quoted text clipped - 19 lines] > > Roy I've taken them out of the box and fondled them a couple of times but no time for cleaning yet. Probably won't be till planting is over. I did manage to get 720 rounds of 8mm and 120 rounds of 7.5 coming tho. I gotta be ready when they get cleaned <BG> Denny >>>> Well, this is a new one on me, I disagree with both you and Miles. The >>>> operator of the vehicle is the only one to make sure his way is clear [quoted text clipped - 14 lines] > >> Roy fallout with out attempting re-entry is dangerous and as in banks, there is usually a severe penalty for early withdraws... Mac https://home.comcast.net/~mac.davis https://home.comcast.net/~mac.davis/wood_stuff.htm > Hi Guys, > [quoted text clipped - 21 lines] > Any help someone can give me would be greatly appreciated. Thanks > guys. Cooler heads prevail here. This is not a law enforcement scenario. First, call your credit card company about the errorneous charges. Next call the gas station owner. In a calm and even speaking tone; Explain what happened , and what you think is reasonable to settle the matter. I am guessing the employee did not do anything malicious, and from what you described made an ernest attempt to fix the erroneous charge problem. It sounds like the employee was not properly trained, and maybe should have an experienced co-worker to help, and anything; just for safety. Write down on paper what you plan to say to the gas station owner. Write down what he says. If you are not satisfied with what he suggests for a remedy, then tell him that you will be seeking legal advice. If that does not sway him, then hang up/leave; then talk to your lawyer. Key think here: speak in a calm and even tone, and be prepared with what you want to say. |
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