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Mis-fuelled a hire-car....who's liable?

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 Short&Savage 28 Nov 2013
Ok so I had a hire-car and I was told it was petrol (definitely was told this at rental place and there's nothing in the documents given to me stating whether the car is either diesel or petrol). Few days later was filling up and as I was doing this noticed it said 'diesel' on the fuel cap and had a 'oh crap' moment.

Basically the hire car company got AA to drain the car at petrol station, and although I paid for no excess insurance they are now charging me £280 as they are deeming this as my mistake. When I pointed out that the staff had told me the car was petrol - this particular staff is now denying this (I get the impression he is new at his job) and been told its his word against mine.

Anyone got any bright ideas or suggestions.

Thanks!
 alps_p 28 Nov 2013
In reply to Short&Savage:

which country was that?
OP Short&Savage 28 Nov 2013
In reply to alps_p:

Here in UK
In reply to Short&Savage:

Well, I'd start off by reading the terms and conditions they gave me, assuming I still had them, and seeing what those entitle them to charge you for.

Failing that, I suppose making as much fuss as possible by letter-writing and ultimately, if you really feel strongly about it, taking them to the small claims court.

jcm
 nniff 28 Nov 2013
In reply to Short&Savage:

So what if it's your mistake? - if you had kerbed a wheel that would have been your mistake too, and the insurance would have covered it. Can't see why you should have to pay unless it's a specific exclusion
OP Short&Savage 28 Nov 2013
In reply to johncoxmysteriously:

Ok so far no experience with small claim courts but any ideas what the process is and if I ultimately lose would that be extra expenditure for me?
 jkarran 28 Nov 2013
In reply to Short&Savage:

Read the term's of your 'no-excess insurance'. Chances are it covers nothing you're likely to damage!

jk
 Babika 28 Nov 2013
In reply to Short&Savage:

small claims is very easy - costs about £90 to raise the issue. I've done it a couple of times and won.
If you win they pay you what you're owed plus the £90 back, but if you lose...
....you might owe them legal expenses and obviously lose your £280 and £90
 Darron 28 Nov 2013
In reply to Short&Savage:


Be advised anyone hiring in the US

Nearly had a similar problem this summer. We had a Kia Sorrento GDI. 'Obviously' a diesel (GDI). When time came to fuel there was nothing to say what fuel (not even in the car reg document that was in the car!). No spark plugs (but then they hide them nowadays). Did not sound like a Diesel (but modern cars often don't). It didn't seem right so I googled Kia GDI. It stands for Gasoline Direct injection. Phew!
Ferret 28 Nov 2013
In reply to Short&Savage:

Can't really add much factuall but in my experience hire car firms are all very sloppy at explaining things clearly... the number of times I've had a car where its not clear if its petrol or diesel, where there is nothing terribly obvious around what to do/who to contact in face of breakdown or accident etc. I'd think you have a fairly strong case on a 'their word against mine' basis that for something as vital as 'what fuel' it should be documented and there should be warning labels in clear line of sight in car or on fuel flap door.

If they are relying on telling customers/customer commonsense/personal knowledge of car and smaller items that they havn't actually put in place themselves like colour of filler cap, or less obvious manufacturers 'diesel' sticker somewhere they are on the stickier end of the wicket.

I only share this on basis that it appears common practice to be sloppy with this sort of thing and if they choose to be sloppy in their practices thats not the consumers problem. If they put a 'sign here to confirm you are aware it is a diesel/petrol and you are responsible for mis-filling' statement in the docs and you sign but don't pay attention, fair enough but if they havn't and havn't taken other blindingly obvious precautions like large warning stickers on car....... I'd think you just push the fact they didn't take sufficient care by verbally telling you something (no proof who said or heard what) and that there was nothing else to guide you.
 ebygomm 28 Nov 2013
In reply to Ferret:

I have had the opposite experience. Every car I've hired they've written and circled the fuel type on the sheet before getting me to sign it and they've always had a sticker on the filler cap/flap as well (often in multiple languages).
Ferret 28 Nov 2013
In reply to ebygomm:

Good stuff! That backs up the general, 'if the hire company are not doing this they are at fault' line then.....
 timjones 28 Nov 2013
In reply to Ferret:

> Good stuff! That backs up the general, 'if the hire company are not doing this they are at fault' line then.....

I'm not sure about that. How dumb should they assume that their average customer is?
OP Short&Savage 28 Nov 2013
In reply to Ferret:

Thanks - I will take these things to consideration. I mean form my point of view I was told the wrong information, and it was written 'diesel' on the fuel cap but only in small imprint on the plastic as opposed to an obvious sign. I'll ring them and see what they say

 Chris Craggs Global Crag Moderator 28 Nov 2013
In reply to Short&Savage:

Well if you put petrol in a tank labeled 'deisel' - what ever the operative told you - I don't see how it wasn't your fault? I think you might struggle - sorry about that!

Chris
 Fraser 28 Nov 2013
In reply to Short&Savage:

It seems strange you didn't notice you'd been driving a diesel car for a few days, rather than a petrol one. Was there not a glow plug light on the dash when you were turning on the ignition?

If it comes down to your word against the member of staff, I wouldn't fancy your chances I'm afraid. Good luck nonetheless.
Ferret 28 Nov 2013
In reply to timjones:

Well - I don't consider myself dumb, have owned and driven countless cars over the years and its not always that obvious - especially with modern diesels - many start instantly, don't show a glow plug light unless its very cold, have a rev counter that goes up to same numbers as on a petrol (not all have one with a reduced range) and all are pretty quiet these days. And I'm also no proponent of blame culture but, if something is critical, and an argument/issue is going to come down to word of mouth and who said what, its foolish for any firm not to take sensible precautions. Like stating what type of car you have and what fuel it takes.

If you are told 'it's petrol' and there is nothing obvious to suggest otherwise, you may well not notice 'diesel' embossed in black on a black cap (or whatever) until too late as you are simply not looking for it - you 'know' its petrol because thats what they said. To protect from that, whacking great signs and something on the documents seems far more sensible than 'telling people' or not, or telling them the wrong thing possibly.

Most mistakes seem dumb in hindsight but if you are not expecting to have to think about/check something, you don't.
OP Short&Savage 28 Nov 2013
In reply to Fraser:

Can't say I noticed - was a newer car with not much on the dashboard. To be honest, I wasn't thinking too much at the time and just blindly followed the rental guys words - I guess I should be much more cynical next time about these things
M0nkey 28 Nov 2013
In reply to Short&Savage:

Check the terms and conditions to see if they can charge you for it. I suspect they probably can.

As a matter of principle I think this really must be your fault irrespective of your conversation with the hirer. If it says diesel on the cap, then you really should have put diesel in it.
 Loughan 28 Nov 2013
In reply to ebygomm:

> I have had the opposite experience. Every car I've hired they've written and circled the fuel type on the sheet before getting me to sign it and they've always had a sticker on the filler cap/flap as well (often in multiple languages).

And my experience has almost always been to the direct opposite to the point of getting out the car manual and trying to figure it out.
J1234 28 Nov 2013
In reply to Short&Savage:

I don`t see where you are going with this, why should a court believe your word against the staff members?
It does say on the Filler cap Diesel.

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