Pflugerville, TX asked in Insurance Bad Faith, Consumer Law, Products Liability and Energy, Oil and Gas for Texas

Q: Not sure if I can sue or if it worth it. Got bad diesel from a station. Cost $8700 to fix. documented it was bad fuel.

We purchased diesel from station in Bay City, Tx. Killed our truck 45mins after driving it. Had to have it towed to repair shop. Found out it was water in tank and cost us $8700 to repair. Repair Shop analyzed the diesel in our tank and verified it was bad diesel. Too much water. They have pictures, test results, and we have receipt of last place we filled up at. Shop is certain it was bad fuel and is willing to testify to it. Had TX weights and measurements test the fuel station diesel tank but came back ok. But it was tested a week & 1/2 after our truck had died. Do we have anything to go on to possibly recoup some of the $8700 we are out? I have heard that gas stations will hide bad gas by getting the tanks refilled so it dilutes the water or bad fuel in the tank before inspectors show up. Or they will empty the tanks and refill them. The gas station has never returned my calls. What are my options and what type of legal attorney would take this on? Thanks.

1 Lawyer Answer

Peter N. Munsing

PREMIUM
Answered
  • Products Liability Lawyer
  • Wyomissing, PA

A: Send the claim to the station with a copy, and ask them to forward the copy to their carrier. If they are a franchise (shell, Exxon, BP etc) send a claim to corporate. That doesn't get a response file a small claims case. Most attorneys would say this is the one time we say may as well do it yourself , but get a consult from a consumer attorney. Go to www.naca.net

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