What are my rights if a gas station attendent gave me styrofoam cups to put gas in because I was only driving to a friend who had ran out of gas but the gas leaked and my car caught fire?

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What are my rights if a gas station attendent gave me styrofoam cups to put gas in because I was only driving to a friend who had ran out of gas but the gas leaked and my car caught fire?

My car just ignited it was a total loss. The company fired the employee. Making things worse, I had just financed the car 9 days prior and was told by the car lot that I had 2 weeks to obtain insurance. The police stated on the report that I was not liable for the fire because they watched the tape where the employee gave me the cups.

Asked on September 27, 2015 under Accident Law, Tennessee

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

That is terrible about the loss of your car.
Prior to filing a lawsuit against the gas station, it may be possible to settle the case with the gas station's insurance company for the loss of your car.
If you are dissatisfied with settlement offers from the gas station's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the gas station.  The gas station is liable for the negligence of its employee which occurred during the course and scope of his/her employment.


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