sweanders

Eh.... I admit that I could've done the same judgement and driven over that cap..

But when I hear a clanking sound and fear that I've gotten a direct hit on the engine I'll stop the car immediatly. Replaing an oil pan is bad, replacing an engine is worse.

Rally Guy

I think from a PR stand point - Exxon would want to settle this in a snap.

Can you imagine the uproar when the local media gets wind of Exxon's refusal to compensate a mere ~$2K damage done by a errant employee? (Hint hint)

If Exxon is receptive - I'd certianly get a full quote for any POSSIBLE and actual damage from a main Porsche dealership.

I'm sure that kinda damage requires a full rebuild and a MAF. : )

RK

jonnybgood

Your car will not be the only car that doesn't clear that cover if they have to leave it upside down like that. Sorry it busted your pan though. Good Luck

josephsc

I'd say definitely get a signed statement -- when in doubt, document. That close-up of the cap definitely shows that someone made impact. Notice the exposed metal where the rest of it is rusty?

I'm sorry it happened to you -- best of luck with your battle!

Chris_924s

Yep. upside down. either the tanker / filler didnt do it properly (rare) or some assclown not employed there was messing with it. (reality)

Still the station's fault.

Zero10

Rally guy... jeez, that's like when I got rear ended, I asked the adjuster if he would pay for a turbo engine as well. I told him that it hurt my confidence and I needed a faster car to make up for it. lol.

Roco16, good move talking to the attendant, and for the pictures, it's a little difficult to tell, but has the cap been hit before? If there are other marks on it, that's even better for you (but worse for the other guys I suppose =).
Definately write them first, I've never dealt with Exxon, but it's quite possible they will just apologize and pay for it.
Up here in Canada, everybody seems to just ignore you until you go away, that's why I warned about possible refusal and not writing back.

Best of luck with it all.

roco16

Ok so here's the update on the claim to have my car repaired.

The gas station received this letter:
======================================
RE: Damaged vehicle


To Whom It May Concern:

I am writing this letter to inform you of an incident that recently occurred at one of your places of business. On Saturday, January 24 2004, at approximately 2 pm Michael (friend) and I stopped at Flash Foods/Exxon # 245 on Highway 54 in Fayetteville, GA to make a purchase. After buying what we wanted, we got back in the car and began to leave the gas station. While driving around the pumps towards the exit, my vehicle struck an object protruding from the concrete, causing a loud cracking sound. I exited the station and approximately 20 seconds later my vehicle began to smoke heavily. I stopped the vehicle to find that oil was pouring out of the engine onto the ground as the oil pan had been split open by the protruding object.

I called a tow truck to transport the car to my residence. I returned to the station about 2 hours later to inform the clerk of what had happened and to see what had hit my car.

I confirmed that the protruding gasoline filler cover was what my car struck. Enclosed are some photographs that I took at that time. They clearly show the protruding object and the oil trail that my car left upon leaving the gas station, as well as the crack in my car's oil pan. The protruding object appears to be installed upside down. Photograph #1 shows the station from the entrance/exit with the oil trail at the bottom left. Photograph #2 shows driveway area one must pass through when cars are stopped at the pumps. Note that there is no oil trail before the object, yet the trail begins shortly thereafter. Photograph #3 shows the general location of the protruding object and the oil trail left by my car. Photograph #4 is a close-up of the object in question. It appears to be installed upside down and looks like other cars have hit it previously. Photograph #5 is a ground level view showing the relative height of the object in question to the level concrete surrounding it. Photograph #6 shows the damage the to the car's oil pan.

My car is a red 1987 Porsche 944 Turbo with stock suspension and ride height. I went to a Porsche repair service and got a preliminary and incomplete estimate for the cost of the repair. Also enclosed is a copy of that estimate.

I respectfully request prompt compensation for the above damages incurred to my car, as it is my daily driver.

Please contact me either by telephone (xxxxxxx), email at robert.combier@xxxxxxx, or by mail at the above address.

Sincerely,

Robert Combier
===========================================

And I received a call afterwards from them stating these things:

- the cap was NOT installed upside down.
- the accident falls under "Road Hazard" and they are not responsible
- if I took them to small claims court I would lose and they would counter-sue for attorney fees and hotel fees.

YIKES! Not what I wanted to hear. Lets say that the cap is installed properly: Does the illusive, gradual rise in the concrete (ultimately contributing to the interference) cause enough ground to try to sue them or not?

TIA

Matt H

Let your insurance company handle it. I have a feeling that if you go to court, you might lose and I know you will be out money. Likely as much as it would have cost to repair it.

Might ask Tom R. about this as I believe he is a magistrate.
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SidViscous

"And I received a call afterwards from them stating these things:

...

- if I took them to small claims court I would lose "

Complete assclowns, sue their clowny asses off.

I fully expect you to own Exxon by years end.

roco16

Although I dont expect to lose, here's where I think they can get me:

==
That it was my decision to drive over the road hazard that I should have known might damage my vehicle, similar to me driving it into a concrete post by the gas pump.
==

My argument is that the object was deceptively high, with no warning or markings, and in plain driving area and constitutes hidden road hazard.

What I dont know is how strong of an arguement this is, nor how well received it might be in court.

Dal Heger

That's a nice scare tactic. Bump it up to the corporate level, then if you get nothing, get a camera team from a local news agency there and have them do a followup. Bet's that you'll get it resolved that same week.

Dal.

Rich Sandor

Now here comes the fun part.

They may be privately owned, but they are an ESSO franchise.

Do you know what happens when a franchise business make the rest of the franchise look bad?

They loose the franchise.

Try talking to an ESSO customer relations agent. I'm sure you can find a number on ESSO's website.

Geo

First of all, check and see if they can even countersue for attorney's fees. They may not be able to in small claims court.

Second, go back and see if they have flipped the cover back over. If they have, take photos. I should think that would be pretty damning - especially since it refutes what they told you in response.

Matt H

Lets say you win. So what, how much time, energy and money will you have to expend to win? Do you work? If so, how much is the time you will lose at work worth to you? Instead of asking here why not just pay a consult fee and ask someone who knows, say an ATTORNEY? Maybe you have a suit maybe not. You should know that legal advise handed out by the general public is probably not worth its weight in cyberspace poo. We all think we know something about justice (because we do) but lawyers know about the law, there is a big difference.

I hope it turns out well for you.
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iloveporsches

Matt, there are some lawyers/ judges on these boards...