Originally Posted by
jspira
Have you read the CDW? I would suspect that the answer might be found in the document. If not, I would read it carefully.
Out of curiosity, how did you miss the fact that the diesel fuel was labeled diesel?
They are typically labeled thusly.
The contract says that CDW is invalidated "in a wanton or reckless manner or if vehicle is deliberately damaged", but didn't define the words. I felt that, if I know the consequence of diesel but decided to fill it just to see what happens, that would constitute reckless manner. The truth is I wasn't.
I am not sure what happened exactly when I filled the diesel. Honestly, I didn't pay attention to the lable and the color. There were four other people in the car. One of them even stepped out to help, and she didn't notice it either. When the car broken down in yellowstone, we all thought it was battery problem.
What's strange is that I didn't feel difficulty when I inserted the diesel nozzle. I had to hold it though, but that's what I usually with gas nozzle too. I always have hard time to squzze the trigger. Before the accident, my reasoning has always been this: if it is diesel then it shouldn't fit; if it fits then it cannot be diesel. Now I have learned the lesson, I check up the lables everytime I pump.