gas tank issue

[SmashingPunkFan]

hey I worked for a guy for about a year and a half, and while I worked for him my gas tank on my car suffered a blow by his drive way... its totaled to 380 bucks in parts, should the owner of the land be responsible?

[bull]

We probably need more specifics to make a judgement. However, unless someone damaged your car through negligence I don't see how geographic location determines who's at fault. But we live in a land where you can sue anybody for anything so why not?

[68X426]

Several scenarios:

Be prepared for his response to be: "steer it better" or "park it better...you f66kwad". I'm just sayin' that he is likely to claim you are not a competent driver, or even a danger to yourself.  

Or he could say "accidents happen dickhead, that's why they are called accidents" and "that's why you have accident insurance, so go away".  

And then you can go off to the local small claims court and tell it to the judge; that you are a completely competent driver, with a legendarily safe record, that he knowingly and willfully maintained a road hazard for 18 months, that you had no knowledge of the hazard in those 18 months, but then one day could not avoid said hazard and suffered damage. That's a tough one to prove.    

So, accident or PS I am not a lawyer and never want to be.  

But if he is honestly at fault, then sue for every last penny you can get.

[bull]

I'm baffled as to how you were able to gleen so much detail from the message he posted. To me the point of it is vague at best.

[bigred68]

I'm baffled as to how you were able to gleen so much detail from the message he posted. To me the point of it is vague at best.

Man, I cannot agree more.
SPF, You worked for "a guy" for a year and a half matters why? (I am referring to the LENGTH of time you worked for him.)
While you worked for "a guy" your gas tank suffered a "blow by "his" driveway".
#1 Your gas tank exploded?
#2 If your gas tank did indeed explode, did it happen IN your employers driveway?
#3 Did this happen while you were on the clock?
I'm so very confused. 
If I was, or wasn't your employer, and YOUR rusty, or broken, or leaking gas tank had ruptured or somehow exploded in MY driveway, I wouldn't care HOW much it cost for you to fix your car, and re seed my yard, re plant my wife's flowers, and scrub the gasoline stain from my driveway.
Just my  anyhow, until your post is possibly explained with more clarity. In the same vain, My wife hit a nail and blew out a tire on her way to work the other morning, that certainly CANNOT be her EMPLOYERS fault. Again, SPF, I MUST be missing part of the story. 

[68X426]

I'm baffled as to how you were able to gleen so much detail from the message he posted.

Heck I just threw some possibilities out there.  I don't know who to root for without more details.

SPF is asking who's responsible. Only he knows who's really responsible.

[Khyron]

I assuming you no longer work for him, sounds like bitter grapes....


ohh and if you do still work for him, be prepared not to if you try to go after him for what you did while you where driving.


it's only $380? not worth the time IMO

[bull]

I assuming you no longer work for him, sounds like bitter grapes....


ohh and if you do still work for him, be prepared not to if you try to go after him for what you did while you where driving.


it's only $380? not worth the time IMO

Good point. I was owed $1,500 by a guy and finally decided even that wasn't worth going to small claims court over. I've managed to get most of it back now anyway.

If I'm reading the first post the way I think it's supposed to be read, you're saying your former boss left a stump or something similar sticking up near his driveway and you backed into it, right?

[ITSA426]

Were you moving the car or was he moving the driveway when this happened?  That might make a difference.

[TylerCharger69]

Well....upon reading the post....the term "suffered a blow" to me is meaning that the car bottomed out and damaged the gas tank beyond repair.  (Not exploded...i don't think the original post would exist if that were the case)  As far as responsibility for the damage....that would fall on you  because   1....You were driving  2....It is private property so it's "drive at your own risk"  3....If the owner wants to have a thousand potholes in his driveway....that's his business   and 4.....Since you said you used to work for this guy.....surely  you knew at some point that the driveway or the approach was in need of repair.   NOW!!!.....If it was a public street that caused the damage, it is possible to hold the city responsible depending on the scenario.  I'm not trying to sound insensitive to your damage  or sound like I'm blaming you or anything....but it is private property....from what I understand.  kinda like "No Lifeguard on Duty...Swim at your own risk" type of scenario.   I have a question though....is this driveway located at a business that is open to the public?   That may make all the difference in the world.

[PocketThunder]

Were you moving the car or was he moving the driveway when this happened?  That might make a difference.

      No Kidding!

The cost is all on you.  You could have parked on the street or driven slower into or out of the driveway. 

[bigred68]

Were you moving the car or was he moving the driveway when this happened?  That might make a difference.

      No Kidding!

The cost is all on you.  You could have parked on the street or driven slower into or out of the driveway. 

Or... SPF, you could comment on your original post and kinda' help us,,help you figure out what exactly happened to you!!

[SmashingPunkFan]

Sorry I havn't replied... I was out last night.


His driveway is long and narrow about 300' total length.  About 15' in from the start of the drive and continuing on and off for about 50' it had large sections of big irregular chunks of blacktop/asphalt, with tire tracks mushed in it, I assume from bigger trucks delivering stuff there.  Very high center and high sides raised up, with very deep tire track impressions like the ground was unstable beneath and around the blacktop itself and to the sides of the drive.  There was no other driveway to possibly enter and there was no way to drive around the messed up parts, there was no choice but to manuever over and around very slowly and very carefully, inching over the messed up parts.  I was delivering roof shingles at his request...he wanted them delivered into the garage at the bottom of the long drive.  There is no parking available at the top of the drive, nor was it reasonably feasilbe to park at the top and walk back and forth 300' carrying 80-120 lb full packs of shingles.

So just as I had done before, on the days I was just cleaning up around the place, I had to ride on my right wheels on the high point, and just as I thought I made it over, BOOM! huge chunk punched my fuel tank, did not bust it, but made a HUGE dent in it!, and on 88 Mustangs, the fuel tank is under a vacuum pressure, and does not operate properly without pressure.  I got out and was overpowered by the smell of gasoline and could see gas running down from somewhere at the top where the fuel pump assembly attaches into the tank.

I told him about it the next time I saw him, letting him know that he needed to fix my tank, but I didn't know the extent of the damage yet, and he said "Yeah, I need to get that leveled out, it's been a problem for some of the other guys too."

4 or 5 months have gone by, with my tank leaking from the top, and the car getting harder and harder to start without the vacuum pressure, I decided to drop the tank, and see what the hell was going on....

It's a big dent about a foot wide, and about 7 to 9 inces deep into the tank, broke my fuel pump assembly, and crunched the pick up tube, and has burnt up my Idle Air Control module from the lack of proper pressure.

For the all the parts damaged, JUST parts, $380. I am doing all the work myself with no charge for my own labor.  It's not like I went and got estimates from expensive shops and expected him to pay...I asked for just the part costs and would do the work myself.  It would have been much higher if I had gone the shop route, but I just want my car fixed...not trying to take the guy for a ride.  (which really he should probably pay the full amount)  My parents get a discount at the local parts store and I even passed the discounts on to this amount, so I did not even expect the full amount, just the actual discounted costs to me for replacing what is broken/damaged from his driveway.

I feel he is responsible and I feel that I have been more than fair and reasonable.  I was in his employ, he knew the drive was causing several of his hired help problems and he did nothing to remedy or correct the problem.  When I first approached him with the parts costs, he agreed to pay it.  Then, the next day decided he was not liable and would not pay.  I have a witness who went with me when he agreed to pay the parts bill.



ps...just to note and clarify...

He is a licensed, bonded new home builder and hired me to work at this job site where the driveway damaged my car.  Yes, I was aware of the damaged driveway, he was also aware of the damage and yet still required not only myself, but other workers, to maneuver the damage.  I have a perfect driving record and had cleared the drive every other single time, this time a chunk reared up and bit my tank.  I do not work for him any longer, as he had hired me to work at this location only and the job was complete within a couple of weeks after the incident with my car.  There is no sour grapes on either side, the job was completed and we did not part on bad terms.

[bigred68]

 WOW. Thank you for such a complete explaination of what happened. I do have a couple of questions.
#1 Were you ON the clock or just arriving at the job site (and not on the payroll yet)
#2 Were the shingles IN your Mustang?
#3 Were the shingles in another vehicle you had to manually unload?
I would wonder if he was negligent upon his admittence of a problem with his driveway.
I would wonder if he could say you knew the conditions of the driveway and traveled at your own risk any way.
My  ? You knew the condition of the driveway and traveled it at your own risk anyway.
Again, Were the shingles IN your car? Are you SURE there was no where else you could've temporarly "parked" the Mustang, walked up the drive, unloaded the truck full of shingles, then walked back down to your car?

[PocketThunder]

Well since you put it that way.  Maybe he does owe you some compensation.   

And you were hauling shingles with an 88 Mustang?....?? 

[PocketThunder]

Wait, did you have say XX bundles of shingles in the trunk of your 88 Mustang?  Causing the back end to sag lower than normal putting the gas tank closer to the ground?   

[68X426]

You were fully aware of the driveway and chose to drive on it anyway? Right?

4 or 5 months of a leaking tank? Is that correct? Nothing done to repair it?

It is really tough to prove any danger to you when the vehicle remained fully operative. And any harm to you while you continued to use the driveway.

That time period would indicate you were inconvenienced, not damaged.

The effects on the car indicate you did not modify your behavior in any fashion. It was the wrong tool for the job, but you used it anyway, and continued to do so. Life goes on.

It would seem that you are responsible, not the employer. My guess is that a judge says there is no evidence that you suffered damages because 1) your driving habits, 2) work habits, and 3) repair history show no changes to your behavior.

Now then, does he owe you some compensation, as man to man, and boss to employee. I would say yes, and he should stand up and do what is right, and pay for parts. But not because he's legally responsible but because he should demonstrate integrity and character. Good luck.

[bigred68]

The effects on the car indicate you did not modify your behavior in any fashion. It was the wrong tool for the job, but you used it anyway, and continued to do so. Life goes on.

I agree. Ya got a pickup truck? Your girlfriend, girlfriends dad, your mom/dad? Your gonna need one anyhow to haul Charger parts to and from the blaster. I recommend a Chrysler product. Ram/Dak. 
Is it Chrysler/Fiat? or Verse, Visea'   

[bull]

Aside from who's at fault I think it would have been best to fix the problem first and then worry about getting this guy to cough up the money.

[TylerCharger69]

I don't think 120 bundles of shingles is going to fit in a mustang....i'm sure he was talking about trucks making the deliveries.  I roofed for 10 years.  anyway....still.....technically...he isn't responsible for the damage because it IS considered to be a construction delivery site and personal vehicles dont fall under the heading of "being necessary" to be on that job site.  Ive seen a lot of what you are describing throughout my construction careers  and the best advice i can give you is  to park at the end of the drive next time.  Sounds to me like the trucks are what caused the rutting and unlevel results.  Plus...it was obvious that there was issues with the grading on that driveway.   It would cost you more in small claims court than what the repairs are actually worth.  I would just chalk it up to experience and move on.  Now...if the boss "forced" you to drive your car down that drive.....well....that may be a different story.  Personally....I'll walk the 300 feet.  That's only a football field length away!!!

[SmashingPunkFan]

1 bundle, at 80 TO 120 lbs, and yes he told me to drive it down there, that he thought it was ridiculus to walk that far, and he didn't want me to hurt myself doing so.
So yes, he pretty much ordered me to drive it down there. And at the time, I didn't have anything else besides a windstar... like thats any better.

[TylerCharger69]

A bundle of shingles.....even 25 or 30 year shingles don't weigh that much....a roll of modified torch down, however weighs in at about 90 lbs.  If he did order you to drive material in your own vehicle....well  then....yes....he should take some responsibility....he should of used a company truck or any company vehicle to make that trip.  But  one bundle of shingles isnt going to bottom out the car...If the car was empty...it would've still caused damage....so  he put you in a position that you shouldn't have been put in.  Now that the scenario is clear......yeah...he should compensate you

[Silver R/T]

Really depends. Our city streets were so bad last winter and there were numerous blow out and other suspension damage to cars. City refused to pay for it and they even said on news that they are not responsible

[TylerCharger69]

Yeah...some cities have their own sets of rules.....Here, however....if it's due to lack of maintenance on the citys' part, then they will compensate you IF it's on a public city street.  That's what our tax dollars are supposed to cover.  We have so many "pothole patrol" organizations here to help the citizens with that.