Legal Question in Consumer Law in California
I recently pulled away from a gas pump before removing the nozzle from my tank and the hose was dislodged from the pump. The owner told me (before anyone had come out to fix it) that the repair costs would be $400 if I used my insurance but only $140 if I paid cash. Is that legal?
2 Answers from Attorneys
Maybe not, but any illegality is his, and your insurance will surely go up more than $140 if you involve them. Pay the man.
I believe it is legal, assuming he is the owner or is otherwise authorized as a manager to release you from liability for the service station's property damage. The most important thing for you is to obtain a signed release and acknowledgment of your payment discharging your liability from this incident on a full and final accord and satisfaction basis. Otherwise you risk his taking your $140 and then you receive a bill in the mail from a collector for more money.
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