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Dave Kennett
Dave Kennett, Attorney
Category: Business Law
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Experience:  25 years practicing law
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On a trip in California we accidently drove off from a gas

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On a trip in California we accidently drove off from a gas station breaking the fueling hose (with a breakaway fitting). We were told by the manager in CA that the law required the whole hose assembly to be replaced. Have you any idea what a reasonable range of cost for such repair would be and should I request a copy of an invoice for the repairs?
Submitted: 8 years ago.
Category: Business Law
Expert:  Dave Kennett replied 8 years ago.

DearCustomer- Since this site is for legal advice I cannot estimate the cost of a repair of this nature but you should definitely get several estimates if you are going to be responsible for payment. In addition I would think that you should simply turn this in to your auto insurance company which would cover the damage at no cost to you. Obviously this was an accident and that is why you have insurance.

 

This is a simple case of negligence and should easily be covered. It won't matter what the cost is if insurance covers the problem.

 

David Kennett - JD - Attorney at Law

Expert:  Dave Kennett replied 8 years ago.

This will not affect your driving record assuming no citation was issued and I can't imagine your insurance rates would be affected by a small accident of this nature. You can certainly contact your agent and ask before you submit the claim but I can't see paying for something like this when you pay for insurance coverage.

 

Dave

Customer: replied 8 years ago.
Didn't answer about the law in CA requiring that the entire hose and fitting must be replaced, Didn' comment on the practice of rasing rates or if effects driving record
Customer: replied 8 years ago.
Didn't answer about the law in CA requiring that the entire hose and fitting must be replaced, Didn' comment on the practice of rasing rates or if effects driving record


Better but what about does CA law require the whole hose assembly to be replaced and not just repair of any broken parts?
Expert:  Dave Kennett replied 8 years ago.

I cannot find a specific law requiring this. Whenever anyone tells you that the "law" requires something you need to ask them to cite which law. Just because somebody at a gas station quotes a law doesn't mean it exists. There could be some regulation from EPA or other authority but it would be the responsibility of the gas station to prove that the entire assembly is needed.

 

You can simply refuse to perform the repair until there is some legal authority cited that requires this type of extensive repair. I still think it would be far easier to just turn this into insurance and let them deal with all the technicalities rather than taking the word of a gas station manager.

 

I actually did comment on the driving record and rate question.

 

Dave

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