What’s the right thing to do if you tear off a gun at a gas station
You can’t say that hundreds of times a day motorists at gas stations forget to take the gasoline pistol out of the tank, drive away and rip it off. But such situations do happen. And not as rare as it may seem. It can easily be explained by banal inattention, haste or poor memory of the drivers. They put a gun in the tank, go to the cash register to pay for gasoline, and on their return, without paying attention to the column, just start the engine and drive away. Often the motorist is confident that the gas station attendant has had time to complete his tasks, and therefore there are no obstacles to start the engine and engage the first gear. And it so happens that the driver found himself in a similar situation. Immediately there are many questions regarding what to do and how to act correctly for motorists if they accidentally ripped off the gun at the gas station. There are nuances and recommendations, which should be adhered to, so as not to bring more problems on themselves.
First actions
Take the right steps right away if you are careless or negligent in ripping off a gas station pistol. Suppose that the driver got into the car and drove away, taking the filling hose with him. In this situation, you need to stop, turn around, and try to get back to the scene faster. This is an extremely important step that can play a key role later on. When the gun is ripped off, you need to drive back to the gas station, pull over, turn off the engine, and not drive anywhere. It doesn’t really matter exactly when you noticed the problem. It could be right after the hose break, that is still in the gas station, or already outside, when the driver looked in the rearview mirrors, and saw there is clearly something extra.
Once you have returned to the gas station, go directly to the administrator. Words are required to explain that you did not notice the gun, and it was left in the tank, which caused the breakage. When the driver returns to the gas station because he did not immediately see the gun sticking in the tank, so tell the administrator. Emphasize that you were in a hurry, didn’t notice, and you didn’t hear the breakaway because of loud music or because of a distracted passenger. Only under no circumstances should you say that you were talking on the phone at that moment. Otherwise, in addition to problems with the hose will have to deal with the traffic police fine for talking on the phone while driving.
Now it is necessary to register the accident. Here it is necessary to call employees of the traffic police, because in such a situation the gas station is considered a place of a road accident, i.e. a traffic accident. Sometimes it is possible to resolve the issue without the involvement of representatives of law enforcement agencies. To do this, the driver must be willing to pay for the spoiled property. In such a situation, a mandatory condition will be to sign an agreement, which states that the driver voluntarily compensates for the damage caused by the torn hose, and the gas station has no further claims after paying the cost of repair. If you sign such a document and are willing to pay, be sure to ask for the gas station’s stamp on the paper. Also put there the date, time of the incident, the name of the administrator and his position. Then the document will be considered official. But experienced lawyers do not recommend to do so. The optimal solution in this situation will be exactly the call of the employees of the traffic police. They will formalize the incident according to the law.
Is such a situation an accident
When there is a breakage or damage to the gun at the gas station, many people doubt that such accidents at the gas station can be classified as an accident. But here it is worth referring to Article 2 of the law, which deals with road safety issues. It states that accidents are situations that occur during the movement of vehicles on the roads and with their participation, resulting in the death or injury of people, damage to vehicles, structures, cargo, or caused another material type of damage. In our situation, the damaged structure is a torn off gun at the gas station, as a result of which material damage was caused. And committed this act with the help of their vehicle. Hence we conclude that this is really a full-fledged traffic accident, for which the perpetrator can be fined under the law. What the fine will be is a secondary issue.
According to the current legislation, the driver himself can decide whether to call a GIBDD detail at the place of the accident or not, if the property was damaged, which belongs to one of the parties to the accident. That is, the guilty party or the victim. But since it is a full-fledged traffic accident, auto lawyers advise to act by the rules and call the law enforcement officers. They will deal with the execution of all necessary documents provided for such situations. When the inspector arrives at the place, he proceeds to fill out the protocols. Next, the guilty party is issued a certificate of the accident. Also, the driver receives a determination on the refusal to initiate a case. It is important to understand that here we are talking about an administrative offense. After receiving all the necessary documents, the driver can calm down. He did everything according to the law and fulfilled his direct duties. You should not worry too much, because it is possible to get out of the situation without unnecessary problems.
Liability
Now you know what the first thing to do when you see a torn gun in the gas tank at the gas station. In fact, it is not that difficult to tear it off, because modern gas stations have special hoses that unhook with a certain amount of force, preventing more serious damage to the dispenser. There is nothing catastrophic in the fact that you suddenly ripped off the gun at the gas station. It happens to many drivers. That’s why you’re not the first at all, and you certainly won’t be the last. To determine liability, it’s worth looking into the first part of Article 1064 of the current Civil Code of the Russian Federation. This document states that in the case of damage to a person, or property of citizens and legal entities, the guilty party is obliged to fully compensate the damage.
Here it is important to focus on the fact that you have admitted your guilt, returned to the place of the accident, went to contact the manager of the gas station and called the police. It is quite another matter when the driver fled the scene of the accident, intentionally drove away and is not going to return there, even when he discovers a torn gasoline gun in the gas tank. If the driver drove away and just didn’t notice right away that the gun was torn off, with objective reasons, but then came back, at most you will have to pay for material damages. And so the harshest punishment would be to pay the cost of the broken refueling gun. The cost of such property varies. It already depends on the particular gas station, the features of the columns used and the cost of equipment. But the approximate cost of such a hose will be about 5 thousand rubles.
In some situations, there are difficulties in assessing the damage caused. Representatives of gas stations, who do not behave quite adequately, or simply trying to profit from the driver, indicate an inflated value of the broken device. Sometimes it happens so that they try to charge the culprit an amount that is several times greater than the actual cost of the refueling gun. Agree to their terms under no circumstances. First try to discuss the issue verbally, focusing on the fact that under the conditions of the gas station representatives you will go to court to challenge the decision on the amount of damage. Often the gas station management will make concessions, because they understand that the benefits are clearly not on their side. The calculation is made purely on the gullible or naive drivers. When the amount of damage is announced, it is always possible to quickly check whether it corresponds to reality. If the compensation is not fair, and they are trying to deceive you, and threats to go to court do not work, then it is worth moving on from promises to action. The court will take your side, if you provide real evidence that the amount of damages should be less.
Should you leave the scene of an accident?
It is a mistake to think that such situations happen exclusively to women. Often men like to tell friends how their wife broke the gun at the gas station and frantically called him and asked what to do. There are clear statistics indicating that men are even more likely than women to be the perpetrators of gas-gun breakdowns. The outcome of the accident depends largely on how the driver acts. Yes, women are more emotional, which is why under the influence of excitement or stress they are capable of rash actions. Therefore, quite often they just leave in a panic. But so can the men who are behind the wheel. There is another category of motorists who deliberately and knowingly flee the scene of the accident. And there is a legitimate question as to whether it is worth it. Since the described incident falls under the characteristics of a traffic accident, there is an administrative penalty for leaving the scene of an accident. The basis for the choice of a measure of restraint will be the Code on Administrative Offences. To be more precise, it is paragraph 2 of Article 12.27. If the driver left the scene of an accident, according to the law, he may be deprived of his driving license. At that, the term is rather considerable and amounts from 12 to 18 months. An alternative preventive measure is arrest. Offenders can be detained for up to 15 days.
That is why it is important to do the right thing in this situation. Even if your first thought was to leave the scene, you can always come back. Lawyers recommend to do so. When explaining the situation to the administration of the gas station and the employees of the traffic police, you should just say that you did not notice the torn hose, because you were distracted by music, banal haste, inattention or some other factor. Other than talking on your cell phone, you understand. If you don’t return to the gas station with the ripped off gun from the dispenser, the driver risks losing his driver’s license for an extended period of time or being arrested for 15 days. It should not be forgotten that almost all gas stations, regardless of their size, are equipped with surveillance cameras. It is not very difficult to identify the motorist and his vehicle. And then every driver should already think whether to leave the place of the accident, risking his rights and freedom, or it is better to explain the situation, having done everything according to the law.
Questions about the need for compensation for damages
Now every driver knows what to do if he or she accidentally rips off a gun at a gas station. Do not panic, return to the scene of the accident, call a squad of the traffic police and get in hand all the necessary papers. Some drivers do not want to interfere in the situation with the employees of the traffic police, trying to resolve the conflict peacefully by negotiating with the management of the gas station. Often the gas stations themselves also adhere to this method of resolving the issue, because with its help it is possible to get money much faster and begin to repair the damaged fuel dispenser.
The option with voluntary compensation involves the drawing up of a document between the victim and the guilty party. It is necessary to draw up a paper, which specifies all the conditions and agreements. The driver gives the money for the damaged gun with the condition that there will be no other claims from the gas station after the transfer of funds. It is only necessary to make a receipt of receipt of money in 2 copies, one of which remains with the driver, and the second is given to a representative of the gas station.
This is how the problem is solved without the involvement of the traffic police and the court. But some drivers, despite the objectivity of their fault, refuse to compensate for the damage caused. Then the situation can develop in two directions.
- Representatives of the gas station, where the driver damaged the gun, file a lawsuit. Then, the court will impose an obligation to compensate the party responsible for the accident. In court, the driver has to pay the money specified in the ruling. In addition, he will have to pay court fees.
- Management of the gas station does not sue the perpetrator of the accident. This happens very rarely. Mostly it happens in the absence of video surveillance and when paying for fuel in cash. So the gas station simply will not have evidence that a particular motorist ripped off the gun. But don’t count on such a development.
When the court makes a final decision, which is unlikely to be in favor of the perpetrator of the accident, the representative of the gas station receives the so-called writ of execution. This sheet contains the text of the decision to recover a certain amount according to the amount of damage caused to the gas station. The recipient of the writ of execution goes with it to the bailiffs. This service will deal with the collection of the money. Contacting bailiffs is strongly discouraged. They sometimes work harshly and without indulgence for the accused party. Bailiffs have all the power to withdraw money from the bank account without the driver’s knowledge, to arrest the property belonging to him, etc. That is, they will find any way to fulfill the court’s decision.
Roughly speaking, when the accident culprit doesn’t want to compensate the damage voluntarily, he will be forced to do it by force. What option the motorist chooses, it’s up to him. The same lawyers recommend you to follow the voluntary compensation scheme. There will be less problems and you will not have to pay for court fees and other expenses. There is a small chance that you will be able to avoid responsibility. This can happen if the gas station attendant was working with the car, and he did not keep track of the gun, or did not pull it out in time, when the car was already fully fueled. It is not very easy to prove this. You would need at least a video to prove it.
To sum up
If it happened so that the driver accidentally ripped off the refueling gun, leaving the gas station, you can not panic and try to escape. This will only make the situation worse. It is strongly recommended to return as soon as it was noticed wrong, contact the management of the filling station and call a detachment of the traffic police to the gas station. Officers of the traffic police will be obliged to register the situation as an accident. They will leave the documents and give the necessary papers to the driver. To compensate for the damage caused or not, each motorist decides individually. If he is really at fault, and there is direct evidence of his guilt, you should not try to dispute it. But you should not agree with the overestimated sum of damage or admit guilt, when the blame lies on the gas station attendant. To defend your position, you need to go to court.
The most wrong decision in such a situation would be to leave the gas station with the gun torn off the dispenser. It will not be difficult to find the offender. And to the cost of damage will be added charges under the article of the CAO. You can get arrested or get your license suspended for up to a year and a half. Why take such a risk when you can just voluntarily pay about 5000 rubles?
ripped off the gun at the gas station =) Almost lost my license. How these issues are resolved.
Good day to all. =) a little tutorial for those who are holding a ripped off gun with a ruptured coupling. And a little bit about the workings of the “Law” in our country.
In short: 1.Do not move the car 2.Put a sign, turn on emergency lights 3.If you do not want to pay for the clutch – call the traffic police. The traffic accident will be reported, and if the gas station will contact your insurance company, your insurance company will pay for the damage. 4.If time is more important than money – at the cash register. ~3000 rubles and go on your way.
The other day I was in this unique situation )))) never thought it would happen to me. I formerly thought that only people with multiple sclerosis get into such situations)). But as it turned out to be blamed for everything may be a trivial rush and habit to fill another way.
The saddest thing about this story is that I called the traffic police myself and I was also fined, and at first they wanted to deprive me of my license. How was it all, and how not to make mistakes, … now tell you everything ))))
So, for many years of owning a car – I got used to filling up at Statoil and Lukoil, where you fill up first / then hang up the gun / then pay / sit down and go. So, when I arrived in another town (Kirovsk), I admit that I was in a hurry and my head was full of work. )) I inserted the gun went to the cash register and already at the checkout I heard unfamiliar questions “You how much. And even after that I did not think about the fact that they have everything different. I gave 1 tr. And a minute later I bought “freshener. Thanks to the fact that I bought a freshener – almost all the gas in the tank. )):)))) I ran out of the gas station sit in the car, get in, from 2000 dump clutch as usual and something “interesting” happens. At first I thought a piece of the gas station awning had fallen on my roof. As I got out of the car, the receptionist and the psychotic “locksmith” of this gas station came out to meet me. Who, in the next 2 minutes, was sent to such a far away place from which there was no way he could return.
I was immediately invited to the cash register. Next, they gave me a “price list. The locksmith sentenced the clutch. For general information, I can say that the self-breaking clutch serves to prevent hurried customers from dragging the entire filling station, but only the gun. It breaks when the load is over 180 kg.
By the price list, they gave me a sheet of paper where I had to write down my passport information and sign for an unlimited sum which they could have taken out of my hand, up to one million rubles )))) and technically the situation was already resolved because they showed me the price list and the gas station had already been repaired. And other customers of the gas station started passing my car in millimeters. I move my car three meters forward.
I did not like the situation at all. Suspicious paper . Costs at least – 3500r for a ruptured clutch. Provided that the clutch is still intact )))) and I managed to fix this fact on the camera immediately after the accident. And so I decide, by my own hand, call the traffic police. Guards of the law in the hope that they will help competently resolve this situation. I put up a sign, turn on the emergency lights. We wait for the inspector.
The traffic police inspector, Mr. Lebedev, badge number 51-0377, arrives. And here is the most interesting part. Without introducing himself or getting out of the car at all, he waved at me and called me to sit down. As soon as I sat down, even though I may not have done so, he told me that I had left the scene of the accident, and that this violation is punishable by termination of my license. I said straight away that I had no legal training and only knew that in the case of a traffic accident where no harm was done to the health of the participants – I could solve the situation personally without the inspector and go to hell. In response I was told that I don’t know the law very well. And also added: “Ignorance of the law DOES NOT SAVE LIABILITY”.
And as it turned out, the phrase “LACK OF KNOWLEDGE OF LAW” – it was more likely to refer to the inspector himself. Because only after a telephone conversation with the “base” or someone else, he learned about the article 12.27, (driving without clarification of the circumstances) for which the penalty of a fine of 1000r. BUT what circumstances I had to find out))) because my car is interfering with the movement of other vehicles and this is another article which can also be on the fine. So it turns out that on the one hand you can not move vehicles (fine) and hinder the traffic too (penalty). That is, in any case, may be fined.
And yes, I got a fine. And you know dear, now I’m telling you about it and I think that much better I would have paid money to the gas station 3 trillion … than 500 rubles – “many-respectable”, for that kind of attitude and “knowledge” of the law. If you add to all this business the letter “Sh” that needs to be glued, so you can immediately understand that the law is not only the rules of good behavior on the road or in life, but also a good tool for money laundering ))))
