Where Do I Stand Legally (Shell)

So pi$$ed off? Today driving onto Shell forecourt, I drove slowly over a manhole cover and ripped a chuck out of the bumper.

Now looking at this cover, all seemed ok, thats why i drove over this too the pump, but just before this, there was a slight dip which was enough to catch the bumper:( and it was too late to stop by then:( Looking at the piks its worse than it looks, as the underside is ripped also.

I complained when I got inside, and the lady assistant was very understanding and gave me phone numbers & details of the manager to contact?

Does anyone know if they are legally at fault, as there are no signs to warn customers with low sitting vehicles of potencial dangers?

I think the answer is that you don't have a leg to stand on. Hardly negligence, there is no contract and it is not criminal. Even if you sued them under tort they would be able to claim that you were a large part at fault by simply pointing out that a 'normal' car would not have a problem and that the damage was caused by you not being careful.

Best hope is to threaten Shell with adverse publicity etc and the risk of legal action. They may pay you off just to get rid of you but I doubt it.

Sorry mate

My brother got his spoiler ripped off his old MG ZR in a garage car wash (serves him right for using a car wash, think of the swirlmarks!! lol) but in all seriousness he got the garage to pay for all the damage.. not sure whether they were just being really really nice tho.

it was a Safeway garage, not a SHELL.

It must have been quite a significant dip then.

Just to be clear Derek's car can clear speed bumps. I don't know where you stand legally D, but you might get something out of goodwill.

Mike

Thanks for the comments. However, I think some sort of notice should be visible, to warn people with performance / customised cars? After all, they do advertise thier optimax & refer to Ferrari in general. Actually enticing people with performance vehicles to use thier product. I think Im whittering on a bit? Im going to see them in the morning, and try all avenues. I have just checked my insurance excess, £ 300, not good?

Yeh, its worth seeing if they will cover the costs but I wouldn't hold my breath:( Still if you can clear speed bumps etc and you were driving sensibly why not? If you have to go through there they should provide a decent path for you.

Yeh, its worth seeing if they will cover the costs but I wouldn't hold my breath:( Still if you can clear speed bumps etc and you were driving sensibly why not? If you have to go through there they should provide a decent path for you.

Absolutely :)

TT, had the car been damaged by say a car wash (which you pay for and thus have a claim in contract) I am not sure how you would be able to sue for the damage. Just because there was no sign I doubt would make the company negligent although I see your point. At the end of the day there would be contributory negligence involved since you saw the damage and decided to 'have a go'.

Does every speed bump have to have a warning sign in case modified cars damage themselves? (I don't think so and I guess the same principles will apply in your case).

TT, had the car been damaged by say a car wash (which you pay for and thus have a claim in contract) I am not sure how you would be able to sue for the damage. Just because there was no sign I doubt would make the company negligent although I see your point. At the end of the day there would be contributory negligence involved since you saw the damage and decided to 'have a go'.

 

Does every speed bump have to have a warning sign in case modified cars damage themselves? (I don't think so and I guess the same principles will apply in your case).

However if the council don't maintain the roads to a suitable standard and you damage a vehicle on a pot-hole or similar you can sue the council. so why not the garage?

Mike

i really feel for ya mate but i dnt think you have a leg to stand on. If your car was standerd then maybe but from the look of things your car has a after market bumper so they could say your car is lower then an standerd car so its your own risk...thats my guess anyways but i hope im wrong for your sake, Im the same with my Do-Luck bumper, its just 30cm of the floor so i have to be carfull

Sorry to see that

If i were you i would just be as nice as possible with the manager if you get to speak to him/her & hope he/she is just in a generous mood. Good luck getting them to help you with the repairs.

Even if you sued them under tort they would be able to claim that you were a large part at fault by simply pointing out that a 'normal' car would not have a problem and that the damage was caused by you not being careful. (

BUt the car is legal, it passes the MOT so it is normal !!!

Hate to say it, but unless it was caused by a damaged and un-repaired surface that had no warnings nearby, I doubt you will get anywhere. Its the same with multi-storey car parks, speed bumps or entrances / exits to stores etc. I'm pretty sure the onus is on you to ensure these areas are suitable for your own vehicle, not the other way around ?

Not sure where you stand legally but im really sorry about your car If you want to bring it round for a temporary touch up i've got loads of fiber glass, filler, body bonding stuff, compressor, top feed spray guns etc etc You know your always welcome

I notice you're in Lancashire mate. Which Shell garage was it please? So as I can avoid the problems you have should I visit.

if i had a penny for the times i've scuffed my front bumper at petrol station entraces i'd be a millionaire! dont go to petrol stations in alty mate! nightmare for low cars!

i'd say as you have modified your car to make it lower at the front then you probably wont get anyway, but theres no harm in sending them a letter, you never know, if you kinda "forget" to mention that your front bumper is lower than stock then you might get away with it

P.s sorry bout the car bud at least yours wasnt written off mate

P.s sorry bout the car bud at least yours wasnt written off mate

no but he posted the story

Mike

However if the council don't maintain the roads to a suitable standard and you damage a vehicle on a pot-hole or similar you can sue the council. so why not the garage?

Mike

I'd assume its private property unlike 'public' roads maintained by the local council, I therefore think you wont have any joy if you took the legal route, maybe the manager will offer to fix as a good will gesture, but Im sure you could get the bumper repaired and sprayed for less than £300 (your excess).

no but he posted the story

 

Mike

i'll get there when everything is resolved

patience!

Not sure where you stand legally but im really sorry about your car If you want to bring it round for a temporary touch up i've got loads of fiber glass, filler, body bonding stuff, compressor, top feed spray guns etc etc You know your always welcome

Thanks Rob...

iIm the same with my Do-Luck bumper, its just 30cm of the floor so i have to be carfull

Have you put your Do-Luck bumper on a Land-Rover?

That must have been quite a dip .