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Beautiful saturday gone bad

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Old 01-26-2004, 11:11 AM
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roco16
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Default Beautiful saturday gone bad

Right, so I was enjoying my red 951 this past weekend on a sunny saturday in south atlanta with some friends. It was an awesome day, the roads were empty and the car was running good. So, my friend and I stopped at an Exxon Flash Foods to pick up some drinks. After getting what we wanted I pulled around the gas station to get back on the road. I saw that the incline was a little too steep for my liking, so I backed up to take a different exit. Driving around the gas station I noticed the iron filler plugs in the concrete poking up a bit. In the split second I made the decision that my car would clear. In utter horror I experienced a loud crack, as the iron plug ripped open my oil pan. I feared instantly what had happened, but hoped for the best. I left the gas station hurriedly and it wasnt long before the leaking oil coated the entire under body and began to smoke horrendously. I was only about 1 mile from my friend's shop, so I hauled ***, keeping my eye on the oil pressure gauge and the dreaded oil level warning light ( which I knew worked, as I replaced it at my last oil pan gasket change ). I made it to my friends garage, and my poor car dumped the remaining 2-3 quarts of fresh Mobil 1 onto to ground. I was horrified.
The plug caused a 3-4 inch wide compression crack at the bottom of the pan.

After cleaning up the mess, my friend to me back to the dreaded gas station to take some photos and inspect the filler plug. The plug to was deceptively about 6-7 inches above tire level, shrouded by a gradual rise in the concrete, well above the ~5 inches our cars have of ground clearance.

I was advised by my ins co. to take it to small claims court, of which there is a $65 filing fee. Attached are a few of the photos I took, if you could let me know if I have a case or not, and any experiences with small claims court would be helpful.

TIA, and second guess what your car can clear!
-Robert

87 Guards 951
Looking for an oil pan + gasket, rod bearings etc..
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Old 01-26-2004, 11:12 AM
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roco16
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Notice how deceptive the height is, and how they are located in plain driving area.
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Old 01-26-2004, 11:12 AM
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roco16
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Yet how really tall it is, looking from the side.
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Old 01-26-2004, 11:14 AM
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Duke
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ouch!
good luck in court!
Old 01-26-2004, 11:16 AM
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OriginalSterm
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I think you might have a good case. But that's just me, let's see how the legal system sees it. They may rule your car is unsafe to drive because of how low it is to the ground or some other BS.

Good luck
Old 01-26-2004, 11:18 AM
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alpenweissisnice
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Maybe I'm p-car guy crazy, but it seems to me you have a legitiate claim. It should at least be spray painted safety orange to get your attention. I can totally see how you thought you would clear it.

Before going to small claims, you may consider contact the company and provinding your documentation. They may want to cover your repair bills without the hassle of court. If they balk, then while in court you can show your good faith that you attempted to settle out of court for just your repairs. However, I'm no lawyer; perhaps a JD (Michelle JD?) could weigh in?
Old 01-26-2004, 11:21 AM
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Marc Gelefsky
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I know these stations are independently owned but you may want to consider calling Exxon just for the heck of it.
Old 01-26-2004, 11:23 AM
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BeerBurner
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Yeah, I second what alpenweiss said. Give them the opportunity to fix it first. I know that if I was a merchant, I'd rather be told by the person versus getting a summons. It's also make me more willing to go the extra distance to make sure that you are taken care of, versus doing the absolute minimum required.

But then, that's just how I operate...

BB.
Old 01-26-2004, 11:38 AM
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It is upside down in my opinion! The webbing should be down and the smooth side up for pavement consistency. Why is the other cover flat? I think some jack *** replaced it upside down. Investigate other gas staions and find out. That would mean negligence on their part.
Old 01-26-2004, 11:44 AM
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awilson40
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Originally posted by jonnybgood
It is upside down in my opinion! The webbing should be down and the smooth side up for pavement consistency. Why is the other cover flat? I think some jack *** replaced it upside down. Investigate other gas staions and find out. That would mean negligence on their part.
I think you are right...looks like an employee put the cap on upside down.
I would also call the company first and tell them you have witnesses and photos showing how their employee screwed up. See if they will make it right.
Old 01-26-2004, 11:47 AM
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Jonnybgood is right that cap is on backwards, I say call exxon .
Old 01-26-2004, 12:12 PM
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iloveporsches
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Employee negligance= 100% their fault. And since you now have photographic evidence, you have a pretty good case.
Old 01-26-2004, 12:16 PM
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sorry to hear that. Im glad your motor is fine.
Old 01-26-2004, 12:17 PM
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Complain in court its too damn high, and your car is factory set ride height! Not your fault!
Old 01-26-2004, 12:25 PM
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roco16
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Here's a closeup of the iron lid.
You guys are making me feel better about my case. I think I am going to write a nice, formal, polite letter to Flash Foods to see what they respond with. Hopefully, with that they will settle within 10 days. After that, I will take it to small claims, ESPECIALLY if it actually is installed upside down.

Any general ideas on what it would cost a dealer to repair? I think the manual says 24 hrs labor + 600.00 for a pan, 90 for the gasket...
-Robert
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