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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 117438
Experience:  Attorney experienced in commercial litigation.
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I bought a car on August 28. It was a used car with around

Customer Question

Hey there!! I bought a car on August 28 . It was a used car with around 60,000 with a 30 days/ 1,000 miles warranty . The car ran perfectly and I was really happy . On Monday August 31 I went to the gas station to put some gas in the car. Once I left the
gas station on the road the car was acting weird and just stop , I call the sale manager on the dealership , and he recommend me to bring the car since it has warranty they would fix it which I did by the help of AAA . Next day I went to see what happen to
the car and they could not gave me any answer since the car couldn't turn on they were waiting for a special piece that would allowed them to check the car without the need of turning it on. On Wednesday September 2 the mechanic call me and said he found diesel
gas in the motor and the fix would $700 since the warranty dint cover that type of damage . I was shock because I clearly remember the gas that I put on the car it was not diesel was the regular one !! And I even went to the gas station and check the pump
where I put the car and that pump does not provide diesel . :( I even brought my moms mechanic and he check the car and confirmed that motor had diesel . so I'm extremely concern about this situation . I been calling race track costumer service 4 time to see
what I can do once I tell them the situation some either hang off the phone or they claim they won't help me with situation . I want to know what can I do in this case should sue race track ? Or the dealership? what are my option in here
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The gas station, not the dealership, would be liable for any damage. The dealership has no liability to you on this. The gas station if they had diesel fuel mixed into their gas for some reason is liable to you for all damages caused. If that is the only gas station you used and the only one your mom used recently, then that is presumptive proof that their gas was contaminated.

If the gas station will not respond to your demands, then you would need to file suit against them in small claims court for the cost of the damages to your car. You do not need an attorney in small claims court, so you can file suit all by yourself and the testimony from the mechanic at the dealership about diesel being in the gas would be your evidence that would make the gas station liable.

Customer: replied 1 year ago.
How long does the claim
Takes action..? Since the car is in the shop and I need to come up with the money . If I paid for the damages myself and then do the claim do you think this would affect me when I make the claim . And by the way the calls from the mechanics at the dealership are record it . In case I used that as evidence
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Unfortunately, you would need to come up with money to pay the repairs for now and cannot wait on small claims court, because that will take a minimum of 3-6 months to get the case heard by the court. The way this works is you pay the money due and then you seek to recover it from the gas station in the lawsuit, that does not hurt your claim. The recorded calls would be part of your evidence, but you need to get one of the mechanics to testify.