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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 30805
Experience:  30 years experience representing clients.
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I got bad fuel at a Giant station here in the small town I

Customer Question

I got bad fuel at a Giant station here in the small town I live in. It had a lot of water in it, after 2 days of draining my water separator my truck stopped running. cost for the repair was a little over 2,000. I have all the proof, recipt from the station, called the station, sent the repair info to them. they say they don't think it was them. no way it couldn't have been. I was just looking for them to cove rthe repair, didn't ask for the tow, or loos of use. just cover the repair. should I take them to small claims court?
JA: What state is this in? And how old is the truck?
Customer: Colorado, truck is a 2010 Ford F250 diesel. I take fantastic care of it and a local shop (the one that fixed it) does all my service
JA: Has anything been filed or reported?
Customer: not yet. I reported to them and gave them all the details they came back and said that the tanks and fuel is clean based on some reports they have
JA: Anything else you want the lawyer to know before I connect you?
Customer: anything else I need to tell you?
Submitted: 2 months ago.
Category: Legal
Expert:  Loren replied 2 months ago.

I am Loren, a licensed attorney, and my goal is to answer your question and provide you excellent service.

Expert:  Loren replied 2 months ago.

Since your claim does not exceed $7500, small claims court is the preferred forum. Small claims court is designed to be a "user friendly", simplified process, so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

Expert:  Loren replied 2 months ago.

You will still need to prove that the contaminated fuel came from their store, which you can do circumstantially by showing a record of fuel purchase from them and others, if any, and a timeline of when problems began with the engine.

Customer: replied 2 months ago.
I knew that, was wondering about cost of representation and using an attorney for it and then also seeking for attorney fees in the claim
Expert:  Loren replied 2 months ago.

Thank you for the clarification.

As I said, small claims is designed to allow people to present claims without attorneys, but you can use one if you like. The cost is going to be an hourly rate, which you can negotiate before you retain the attorney.

Expert:  Loren replied 2 months ago.

You are not generally entitled to recover your attorney fees in this type of claim.

Customer: replied 2 months ago.
Why would you not be able to charge for the extra fees and time spent to settle this?
Expert:  Loren replied 2 months ago.

You can ask for such damages, but they are not typically awarded in these types of claims.

Expert:  Loren replied 2 months ago.

In the American system attorney fees are not typically awarded unless there is a contract provision which applies or a statutory right to recover attorney fees, neither of which are indicated here.

A court would award you the cost of the repair and, possibly, an additional amount for loss of use.

Expert:  Loren replied 2 months ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 2 months ago.

Are you still online with me?

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