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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32724
Experience:  Began practicing law in 1992
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I have couple of the problems First: i did go to a gas

Customer Question

Hi All,
i have couple of the problems
First : i did go to a gas station to pump gas the fuel tank capacity of my tank is 17.2 gallons but it actually took 19.2 gallons. so is there any way i can sue the gas station guys.
Second : my car was parked in the drive way and the ones who lives infront of my house was backing his car and he accidentally hit my car. i contacted his insurance and it has been almost 2 months and they didn't take care of it so far. can i sue them for being so negligent i have been calling them several times but they say that they will contact me once closed but they never called me.
if there is some lawyer who thinks can help me out please call me on(###) ###-####
Submitted: 6 months ago.
Category: Legal
Expert:  Dwayne B. replied 6 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

What do you want to sue the gas station for?

Also, none of the experts on here actually represent customers of the website, it is expressly forbidden by our agreements. We can answer questions for you and point you in the right direction for an attorney but we can't actually represent you.

Customer: replied 6 months ago.
i didnt understand the answer
Customer: replied 6 months ago.
where is the answer for my questions
Expert:  Dwayne B. replied 6 months ago.

That was just a disclaimer.

I was asking why you wanted to sue the gas station?

Customer: replied 6 months ago.
because the gauge is wrong i guess
and how could a car with 17 g capacity take 19 g
and if they were able to make 5 dollars from me and how much do you think are they making from many cars pumping fuel daily
Customer: replied 6 months ago.
i have asked 2 questions in the post mam
Customer: replied 6 months ago.
its almost equivalent to cheating a consumer isnt that a problem
Customer: replied 6 months ago.
r u there
Expert:  Dwayne B. replied 6 months ago.

On the issue of the gas station, you want to get your car checked out before you bring a lawsuit against them. It's pretty well known that the size of the gas tank advertised is just the tank itself and doesn't include the neck, hoses, etc and so often you can actually fit two or three more gallons of gas in the vehicle than the tank size.

Expert:  Dwayne B. replied 6 months ago.

Certainly, if you have it checked out and you are correct then you have a lawsuit for fraud although it isn't likely to be a viable case on it sown. What you would want to do is find a local law from that does class action suits and offer to be their "lead plaintiff".

Expert:  Dwayne B. replied 6 months ago.

As to your second question, yes, you can sue the driver for being negligent. You would want to sue him for the amount of the repair plus what is known as the "diminution in value" of the car. It is well recognized that a car which has been in a wreck is worth less than one that has not. That difference in value is the diminution in value and you are entitled to recover that as well.

Customer: replied 6 months ago.
sue the driver or the insurance company
Customer: replied 6 months ago.
i already had some gas in the gas before filling it up
Customer: replied 6 months ago.
i dont think that its not only the tank capacity. i do understand that nozzles and the pipes contain some gas
Customer: replied 6 months ago.
but i already have some gas
Expert:  Dwayne B. replied 6 months ago.

You would sue the driver. He then sends a copy of the lawsuit to the insurance company.

If you want to pursue th gas station then you need to go to a mechanic and get them to measure the amount of gas your tank will hols when completely empty and then when filled completely full. They do that by draining the gas and then filing the tank back up to get an accurate measurement. Once you have that information then you can go to www.lawyers.com and in the section for Area of Practice enter "Class Action" and you will get a list of lawyers near you that practice class action lawsuits.

Customer: replied 6 months ago.
but i did go to the honda showroom and they told it can tak 17.2 gallons only and you know what it is not full yet it is still taking gas but i stopped it
Customer: replied 6 months ago.
you there
Expert:  Dwayne B. replied 6 months ago.

Yes, I'm here.

Expert:  Dwayne B. replied 6 months ago.

And the answer is still the same as to what course of action you have to take.

Customer: replied 6 months ago.
is it a legit one can i fight for both the cases or is it waste of time
Customer: replied 6 months ago.
if i wana sue the gas station how much can i sue them for
Expert:  Dwayne B. replied 6 months ago.

You certainly can sue for the damage down to your car by the neighbor and it is viable.

As to the gas station, it's not likely to net you much money. If you are the lead plaintiff in a class action then the law firm usually gives you a little extra money but it's not substantial in a case like this.

Expert:  Dwayne B. replied 6 months ago.

All you can actually sue for this the amount that you were overcharged plus maybe three times that amount as "punitive damages". Then whatever extra the lawyer's give you is up to them.

Customer: replied 6 months ago.
what do you exactly mean when you say the lawyers give you
Expert:  Dwayne B. replied 6 months ago.

You are only entitled to get whatever the other side settles for or what you are awarded in a trial. However, most lawyers give the first plaintiff in a case some extra amount of money but it isn't required and it isn't based on any particular amount.

Customer: replied 6 months ago.
what is plaintiff
Expert:  Dwayne B. replied 6 months ago.

The plaintiff is the person that is bringing the lawsuit. The one that is suing someone else.

A defendant is the person that is being sued.