Jim 944S

Robert...

Before you go to battle, check ride heights of other cars and document them so you can initially introduce the fact that your car was not any lower than might reasonably be expected.

Good Luck!

Jim 1987 944S (who used to own two Austin Healey 3000s, 4 1/4 in ground clearance!)

BeerBurner

The only downside I can think of in this whole thing is that you drove home without telling the gas station. Had you pulled one of the employees out and showed them the cap along with the oil gushing out of your oil pan, that would make it a clear-cut case. However, since you went home, they might argue that you could have hit something somewhere else and decided to blame the gas station.

Not that going home and then finding a big puddle is an unlikely scenario... But I thought I should just point out this potential glitch...

BB.

Zero10

Okie dokie, here we go...
First thing, check the motor vehicle laws in your state. They will have a minimum ground clearance along with a few other things. If your suspension is alright, and has not been lowered, you should be above it, but you will want to check just incase.
Even though it's private property, and it's not governed by the state laws regarding motor vehicles and roads, they are used as a rule of thumb in parking lot design and construction, and it is reasonable that any car complying to those laws should make it through any parking lot.

Next, prove the damage. keep the old oil pan, take close up pictures of the markings on the metal lid that it struck.

I know about the filing charge in small claims, but if it goes that far, the loser pays the costs =)

You could always lift the lid, (After taking pictures of it) and check if the other side is flat, they are not locked or anything.
If the other side is flat, either the guy driving the gas truck, or a station attendant put it on upside down, it does appear that way to me as well.

I agree that you should first contact the company. Write them a NICELY worded demand letter, stating what happened, the location, damage incurred, and what you would like done to rectify the situation. The laws here say you have to give them 4 weeks to respond, they will probably be similar where you live. After 4 weeks, write them again, or try writing to the individual gas station. If after another 4 weeks, there is no response, go down and file a suit against the station. In Canada, if you file against the station, and they decide it is the company's problem, then they will just 'bump' the suit up to the company, I have no idea if it will be similar where you live, but it's worth a try.

Most likely, the company will outright dismiss your claim, stating that it is private property, and by being on it, you are accepting any risk to your vehicle. If they do that, be sure to reference the motor vehicle laws in your state (they may say something about parking lots), and remind them, that it IS their responsibility. Make sure to be persistant.

IIRC, in the U.S., the laws are a little different regarding private property. Say you are tresspassing on your neighbour's yard. Now, your careless neighbour has left a board in his yard, with nails sticking up out of it. If you trip on his garden hose, and fall onto that board, you can sue his house insurance for your injuries.
In Canada, they would (for the most part) say tough, it's your fault.
Good ol U.S.A.

It is B.S. that it happened, but I've been there before, there is a mall near my girlfriend's house, with 8" speed bumps (YES, 8" !!) that look much smaller because they are very wide, I crushed a fuel line and scraped up my underbody on one of them, now fixed =)

Flight_951

BeerBurner has a good point. It's much more convincing if your car needs a tow away from their gas station where the damage happened. The downside to that is that the manager may quickly flip the lid over before you had a chance to photograph it...

tifosiman

Zero is spot on. Send a letter to the company outlining the facts, along with the photos and an estimate for the repair. If all you want it the $$$ amount of the needed repair to the car, they will probably jump at that if you present your case properly.

Since I work in the legal department at a large company, handling product liability claims, I can tell you that from my personal experience you will go a lot further with that approach (and being nice), than instantly trying to sue in small claims court. People who bring suit against us without trying first to work things out by open and honest communication always come acrossed to me as being adversarial, and thus less likely to receive cooperation and respect in kind from my end.

Good luck, I'm sorry to see that happen to you. That has to be very frustrating.

89magic98

Does the 944 turbo have a engine underbelly pan (my 924s has a metal one)?

If so, did roco16 have it on? Would it have saved him (by at least making some noise before he hit the pan, or possibly by allowing the car to slide over the obstacle?

This is a good reminder to put mine back on.

jason952

def. on backwards...ballsy move to drive the car though.

AndyK

Cap's on upside down, you hit it, caused damage to your car. Sounds like their fault, 100%! No way would anyone expect you to hang around a gas station waiting for all your oil to leak out, then waiting hours for a tow, etc.

Call Exxon, and see what they say. And DON'T mess with that cap. They could say YOU turned it upside down if they see you messing with it later.

Good luck!

tifosiman

Wait a minute. I'm not doubting your story, but I have a question. In looking a the photos of the offending filler cap, I fail to see any oil trail near it. If it made such a huge crack in your pan, why wasn't there any leak within the immediate vicinity of the cap?

jonnybgood

That first pic shows a spill leading away from the cover. Is that your oil? If so it shows you were there or is evidence of other incidents.

I thought about this on the train to work and the concrete around the cap is raised above the level of the rest of the concrete. I think the tank installer may have installed the under ground tank or filler connection too high and the lid won't clear the cap. I notice that the other pair of caps about ten feet away from the one you hit one of those caps is upside down to. May not be a jack *** at fault but the under ground tank installer screwed up.

roco16

As for evidence about my car causing the oil spill, here goes 2 more photos that were take about an hour after it happened (as with the rest of them).

tifosiman

Yep, that's bad. It was hard to see in the first pic! That sucks! Best of luck to ya!

EZRider

I have to agree. You definitely have a good case in your favor.

roco16

When I was taking the pictures, I went to talk to the clerk at the station and explained to him what happened. He gave me some phone numbers to call and wished me the best of luck.

As far as ride height goes, I checked the DOT regulations without luck. It seems rather difficult to find.... Guess I have to keep checking.

Another fellow at the station mentioned something about fixed length filler tubes that run up from the tanks. It just seems like a massive curse of bad luck. The Porsche dealer ship quoted me 2116.20 to R&R the oil pan, so I think I am going to use that number in my 'gentle letter'

I also have come across somebody who has lived in that area that hit the same cap with their 280Z, only it put a dent in the exhaust and not the oil pan. Could I get a signed statement or would they need to appear?

Thanks for all the insight, guys. If you can think of any loop holes in my argument, please let me know!

-Robert

tifosiman

Well, a letter from them stating their plight would be a nice attachment to your letter to the company. That will show them that this is not an isolated incident, and should this escalate, there could be a negligence issue as they were already aware of the problem and chose to do nothing about it (I am assuming here).

Should things deteriorate and you can't work it out, he may or may not be able to appear in court for you, depending on the laws governing small claims court in your state. I honestly don't think it will come to that, as you have a very large amount of things on your side. Especially the photos and the fact that you spoke with the clerk shortly afterwards.