A machine is a source of increased danger. And when using it, sometimes unpleasant incidents happen. For example, the driver inattentively tore a gun at a gas station. What to do in such a situation?
This happens quite often, especially when the driver is accustomed to refuel at stations where there are refuellers, and then drives into the self-service gas station. And then the question arises: “Tore off the gun at the gas station - what should I do?”
How does this happen
Typically, this situation occurs for two reasons:
- The driver forgets to pull the refueling gun out of the tank and drives off. As a result, he comes off, sometimes with a fuel hose.
- The driver does not put the car on the handbrake, and the car, while he pays for the fuel, drives off, tearing off the fueling gun.
There are other situations in which you can tear off this device and even damage other property at the gas station. But these are most common.
Driver responsibility
Tore off a gun at a gas station - what to do? By law, the driver of the vehicle is fully responsible for what happened. This act can be interpreted as a traffic accident (accident). And the same rules and laws apply to him.
In addition, according to the Civil Code of the Russian Federation, the damage that a person caused to another person or his property, or property of a legal entity, must be fully compensated by him.
So if the driver damaged a fueling gun at a gas station, he would have to put up with financial losses and repair the damage.
Procedure
Tore off a gun at a gas station - what to do? It all depends on when the driver noticed what happened. If this happens immediately, then you need to stop, get out of the car and contact a gas station employee.
If you learned about the incident later, then you still have to return to the station. Further actions can develop in several scenarios and largely depend on the adequacy of the driver and the integrity of the gas station employees.
The first solution to the problem
What should I do if I tear off a gun at a gas station? The first way out of this situation is to try to agree on the spot. In principle, nothing terrible happened, as a rule, there were no injuries (in rare cases, people may suffer from a flying off fuel hose or when gas falls on them, such citizens will have to agree on compensation for damage separately).
It is necessary to confess to the employees of the gas station and try to come to a compromise on the amount of damage. Sometimes we are talking about symbolic 500 rubles. And this is not the money to worry about them. On average, station employees usually require 1.5-4 thousand rubles. And in some cases, you will have to pay a little more - 5-8 thousand.
After an agreement is reached, it is necessary to take a receipt from the gas station employees about the absence of claims.
What should a driver do if he does not agree to pay the declared amount? In this case, it is necessary to proceed to the second option.
Second option
Tore off a gun at a gas station - what to do? On-site action failed? Then you need to call the traffic police and wait until they arrive and document the accident.
The negative point of such a decision will be a long wait - they are in no hurry to come on such a minor occasion. After the traffic police fix everything, you need to get documents from them and take them to an insurance company.This will also require additional time, but after all financial issues with gas stations, insurers will decide.
In addition, the driver may be fined for starting traffic without making sure this action is safe.
What will happen if you do not take any action and just leave?
Tore off a gun at a gas station - what to do? Most drivers immediately get the idea of quietly leaving until no one has noticed. And many manage to hide.
But the problem is that gas stations are equipped with security cameras - it is easy to calculate a car from them, break through the numbers in the base and find the culprit. Search for the offender will be the traffic police - as the person who left the place of the accident, according to 12. 27 Administrative Code. And here a more severe punishment applies - it’s not a fine, but a deprivation of a driver’s license. And it doesn’t matter that the driver is not a man, for example, he shot down, he didn’t exceed the speed and didn’t drive a red light, but simply tore off a gun at a gas station. And what to do?
The procedure is as follows: agree on the spot or call the traffic police. It is better not to bring the situation to another development of events.
Court
If the driver fled the scene, and later the traffic police found him, then the probable deprivation of rights may not be his only nuisance. Gas station owners can file a claim for damages. And if smart lawyers take up the matter, then the damage can be inflated to astronomical values. The amount will include not only the cost of the refueling device, but also the costs of the repair team for a damaged column, column repair, and downtime. We must not forget about legal costs and expenses for lawyers - they are paid by the losing side.
And the court in most cases takes the side of the victims, in the role of which will be the owners of the gas station. So leaving the scene can result in serious financial losses for the driver. It would be better to part with several thousand rubles than to bear such losses.
Penalty for a torn gun - myth or truth?
When people ask the question: “Tore off a gun at a gas station - what to do?”, Many may advise just to leave. At the same time, they refer to their own experience - they, they say, left, paid nothing, and no one was looking for them.
Indeed, this happens. Sometimes employees are in no hurry to report traffic accidents to the traffic police, but simply change the fueling device. At the same time, in judicial practice there are a lot of cases when the perpetrator was searched, found and demanded compensation for damage.
So in reality, everything will depend on the position of the owners of the gas station and the integrity of the station staff. And if several drivers were not searched, then no one would guarantee that they would not search for the next.
Does OSAGO apply in such cases?
Does OSAGO work if you tear off a gun at a gas station? What to do to get insurance? This incident is no different from other accidents and all the same rules and laws apply to it.
Therefore, after the registration of the protocol by the traffic accident employees, you should contact your insurance company to pay damages to the property of the gas station under compulsory motor liability insurance. However, there is a nuance: most insurers are in no hurry to part with money, and they will have to "wrestle." So it’s best to negotiate damages on the spot - in the end it will be cheaper and easier.
How to use a gun
Driving schools teach a lot. But not how to refuel a car. And this knowledge would not hurt, since newcomers to the gas station feel very insecure. The consequences of improper or clumsy actions can harm the property of gas stations, other people, and even completely harm the health of others. Therefore, when refueling at a gas station, you need to adhere to the following simple recommendations:
- Determine which side of the car has a fuel tank. Drive into the station and stand on the right side of the gas station.The hardest thing is the owner of cars with a fuel tank on the left, because not all gas stations have the conditions for such a refueling. If you drive up with the left tank on the right side, you have to throw the fuel hose through the machine, which is a safety violation.
- Switch off the engine and park the handbrake.
- Open the gas tank.
- Place the gun in the neck of the fuel tank and lock.
- Go to the operator, name the type of fuel and volume.
- Give the operator the number of the filling device.
- Pay for fuel - in cash or by bank transfer.
- Trigger the trigger and hold it open while filling the fuel tank. Sometimes this procedure is carried out by tankers. But most stations practice self-service.
- Pull out the filling device and turn it upside down.
- Put the gun back in place.
- Close the tank lid.
Safety rules at the gas station
They are quite simple, and each of them is justified. By breaking the rules, the driver can harm himself and others. They sound like this:
- Do not smoke at a gas station or use any potential sources of ignition.
- You need to land passengers before refueling.
- Always turn off the engine.
- Muffle motorcycles no less than 15 meters from the station. You can start the engine again at the same distance.
- Do not remove the filling device at the moment of fuel supply.
- If fuel spills onto the machine, it must be removed before starting the engine.
- The distance between neighboring cars at the gas station is at least three meters.
- Do not carry out repairs at the station.
- Do not refuel during thunderstorms.
All safety rules are posted on information stands at gas stations.