Mix-up at Phoenix gas station breaks dozens of cars — how to make companies pay for their mistakes
You probably don't give much thought to filling up your gas tank during your weekly errands. Swipe your card, fill the tank and be on your merry way.
But danger lurked underground for Phoenix resident Clarissa Amoroso.
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On Feb. 9, Amoroso headed to a Circle K on 75th Avenue and Thomas Road to fill up her vehicle, which she inherited from her late father.
Soon after, the engine 'started cutting out, acting like it wasn't getting fuel,' she told reporters at AZFamily's On Your Side.
The damage to her vehicle prevented her from getting to work. She tried to work with Circle K to resolve the problem but said the company gave her different timelines of when her claim could be paid out.
'It's a lot on your shoulders when you're the breadwinner of your family,' she told reporters in tears. 'Just feeling you're not being heard, that's what hurts the most.'
According to On Your Side, a third-party fuel carrier put diesel into the underground unleaded gasoline storage tank and unleaded gas into the diesel tank.
Sixty vehicles were filled with the incorrect fuel before Circle K shut the pumps down, and some drivers who made claims were still waiting for compensation months later.
One victim, Matthew Silva, told a reporter that 'anything that had to do with the gas' had to be replaced on his vehicle, including the fuel pumps, spark plugs and the entire gasoline direct injection (GDI) system.
Silva couldn't wait out the claims process and ended up paying $4,300 out of his pocket to repair the damage. He received an email from Circle K stating that it would take up to 14 days for the claims department to reach out.
'It's been past that,' he was quoted as saying in an April 17 story, more than two months since the incident.
Circle K says the payout delays were a result of the time it takes to evaluate claims and process documentation.
A spokesperson for Circle K told On Your Side in an email: 'We take all claims seriously and evaluate each of them carefully, and we always work to reimburse customers as quickly as possible once we receive required documentation to validate their claim.'
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Amoroso and Silva have since been reimbursed, and Amoroso has also been paid for the two weeks she couldn't work.
As for the other claims on hold, Circle K said it was likely due to a wait for documentation from the affected drivers.
Whether you suffer damage to your car or another valuable piece of property, it's critical that you do your part to ensure that you receive what you're owed in a claim.
Most companies will require you to prove that the damage was their doing, so gather as much documentation as you can. This can include receipts from the store, a dated record of when you noticed the damage and photographs of your property in good condition beforehand.
Be creative: Even a speeding ticket from the day before could show your car was working fine before the incident.
Once you have your documentation, contact the company to learn how to file a claim. Follow their instructions to prevent any delays and increase your chances of getting a response.
Finally, follow up if you haven't received a response within a reasonable time frame.
You generally want to exhaust your options with the company before considering litigation. Court cases, even at small-claims court, can be time-consuming and expensive, but it could still be worth it depending on the severity of the damage.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
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