Kenny's Oil

Review: [redacted]'s Oil had delivered oil to our home for years. However, on the last occasion he was here 12/24/13 they delivered oil but his truck crushed our driveway. I was in the house and heard the tires spinning on the wet asphalt as he was trying to back his truck up the driveway while it was light raining resulting in tearing up the asphalt. The damage that resulted were two trenches approximately 30ft long/ a foot deep destroying the driveway making it impassable for the anticipated 30 guests for Christmas. Initially he admitted fault and provided his insurance information--afterall there are pictures of his truck in the trenches. However, his insurance company and he eventually denied responsibility claiming it was the driveway's fault?? Despite having debilitating back issues, I spent the entire day to dig out the destroyed area and temporarily fill it with processed material ($250) so we, guests, deliveries etc. could drive into the driveway. The damage did not existing prior to his arrival and much larger and heavier trucks have driven on the driveway since without causing any damage or incident.

I have made multiple efforts to work out the situation by simply requesting his assistance in filling up the trenches which he has refused. Instead he has chosen to swear at me when I called claiming I was trying to take advantage of him; "a small business owner". I followed up with letters showing pictures of his truck in the trenches along with pictures of the larger truck showing the integrity of the driveway handles larger trucks proving it isn't the driveway. To date requests have been ignored.

It is unfortunate, but despite our previously thinking he was a good person, was conscientious, had integrity and would take responsibility for the damage he caused, we have sadly been shown the opposite.Desired Settlement: Cost to repair driveway estimated at $2,000.

Business

Response:

On December 23, 2013 [redacted]’s Oil, LLC delivered home heating

oil to [redacted] at his home in [redacted]. When the oil truck was backing into the

driveway the truck broke thru the driveway and sunk. The driver, [redacted] was able to get

the truck out of the trench.

[redacted], immediately went to the owners door and told him what

happened. [redacted] stated he did not

even know he was there. [redacted]

immediately contacted his office manager which called his insurance

agency. [redacted] also immediately took

photographs of the place the truck sunk, the condition of the rest of the

driveway, and the record of the weight of the truck at that moment.

The photos that we still have & sent to our insurance

company show the entire driveway & the poor condition of that driveway. The

homeowner has the downspouts from the house draining to the driveway – which greatly

weakens the foundation of the driveway, which was also photographed.

We were told by our insurance company that our driver was

not negligent in causing any damage to the driveway. [redacted] received a letter from the

insurance company stating this. We also

have a copy of the letter from the insurance company to [redacted].

We would also like to point out the fact that [redacted] to

date – has not paid for the oil delivered on that day – which is over seven

hundred dollars.

It is unfortunate that this happened, but it is the

homeowner’s responsibility to make sure his property is safe for deliveries.

Please let us know if you need any other information from us

to clear up this complaint against [redacted]’s Oil.

Thank you

Owner

Consumer

Response:

Review:

I am rejecting this response because it is factually untrue and another attempt

to avoid responsibility for the costly damage caused to my driveway.

Specifically,

[redacted] was not simply

backing up the driveway and the driveway broke for no apparent reason as he

implies below? In fact, [redacted] was attempting to get up

the driveway during a day that had light rain. Instead of stopping and

not attempting he revved his truck engine in an attempt to overcome slipping/

burning tires, he not only initially damaged the driveway but exacerbated the

damage by spinning the truck tires creating the long trenches. His failed

attempt is what caused the damage to an otherwise intact driveway. If he

damaged the driveway causing the trenches to be formed then why did he not

stop?? Instead he kept revving the engine causing what could have been

minimal initial damage into two 25ft. trenches? As mentioned and verified

through photos sent to him, trucks heavier than his and other oil trucks have

each come onto the driveway since then without any incident or damage! Of

course his insurance company doesn't want to pay if he has told them it was not

his responsibility despite the facts that contradict that statement. [redacted] never came to the door to

notify me. In fact, hearing the revving engine is what

prompted me to come outside and saw him getting out of the truck. No

attempt was made to notify me of the damage he caused. He

actually initially denied doing it although he truck was still in the

trench he caused at the time? I

never knew he was there? As stated above, the revving

engine is what brought me to him not the other way around as he states

below. The

statement below that he contacted his office manager to get his insurance

information is also factually not true. In fact, I asked

and he provided his insurance card from his truck. I can provide a

picture of the card if needed to verify. [redacted] office manager contacted his

insurance company is also not true. From the information

on his insurance card, I contacted his local agent which in turn contacted his

insurance company to set up a claim. The foundation of the driveway is not weak.

As mentioned above, I have photographed on several occasions other oil

trucks and even a 12 wheel loaded crane truck delivering building materials

several times as large/ heavy as an oil truck on the driveway subsequent to the

day of the damage without any incident nor damage by those trucks

belying his claim it must be an issue with the driveway. As confirmed

by his statement below about the subject matter of his photographs, he actively

sought ways to avoid responsibility and blame anything else for simply his

inability to not dig up the driveway with his poor driving. Had he

simply noticed the initial damage which could have been contained, he instead

continued to try to drive out of the hole he caused making the damage

far worse---25ft of additional damage!. I am not aware of any oil

that they claim was delivered. I contacted another oil delivery company

as soon as I realized he was not going to take responsibility for the damage he

alone caused. The swearing at me on the phone when I simply asked for his

help further confirmed he was not someone we would continue to do business

with.

As above,

to date there has been no incidents with our new oil company or other

heavier equipment so I trust you will conclude that the only link to our

driveway trenches is [redacted], the owner, not some anonymous driver as he

implies below. Photographs, letters to [redacted], etc verifying

everything I have stated above are available for your review.

I would

be happy to substantiate all of the statements above. Please let me know

any additional information you would like to confirm the facts above, the

validity and therefore substance of this complaint.

Just saw the above attachment function so I am attaching my most recent request for his assistance in repairing the driveway. As you can see from the photos shared with [redacted], no damage was done to the driveway by a heavier vehicle. The black sections on the driveway are where I had to dig out the trenches (on Christmas eve day), dispose and fill with processed material so holiday guests could actually enter driveway. I have several photos of oil trucks as well. To date, no effort to respond to this letter nor any attempt to resolve has been made by [redacted].Would be

a better world if people simply took responsibility for their actions,

apologized, and offered to help rectify.

Thank you

again for your ongoing help in resolving this very distressing and costly

matter.

Sincerely,

On

December 23, 2013 [redacted]’s Oil, LLC delivered home heating oil to [redacted] at his home in [redacted].

When the oil truck was backing into the driveway the truck broke thru

the driveway and sunk. The driver,

[redacted] was able to get the truck out of the trench.

[redacted],

immediately went to the owners door and told him what happened. [redacted] stated he did not even know he

was there. [redacted] immediately contacted

his office manager which called his insurance agency. [redacted] also immediately took photographs of

the place the truck sunk, the condition of the rest of the driveway, and the

record of the weight of the truck at that moment.

The

photos that we still have & sent to our insurance company show the entire driveway

& the poor condition of that driveway. The homeowner has the downspouts

from the house draining to the driveway – which greatly weakens the foundation

of the driveway, which was also photographed.

We

were told by our insurance company that our driver was not negligent in causing

any damage to the driveway. [redacted]

received a letter from the insurance company stating this. We also have a copy of the letter from the insurance

company to [redacted].

We

would also like to point out the fact that [redacted] to date – has not paid

for the oil delivered on that day – which is over seven hundred dollars.

It

is unfortunate that this happened, but it is the homeowner’s responsibility to

make sure his property is safe for deliveries.

Please

let us know if you need any other information from us to clear up this

complaint against [redacted]’s Oil.

Business

Response:

March 27, 2015

Ref: Complaint

We are responding to [redacted]’s last reply to this claim.

We are restating that it is unfortunate that this incident happened. As a company, we did what was legally

necessary. I am forwarding to you the

copy of the letter that was sent to [redacted] from our insurance

company.

In addition, I would like to point out that on the top of

every delivery ticket that is given to our customers is a disclaimer stating:

Company is responsible for the delivery of product to the

receiving pipe or outlet designated by the customer. Customer acknowledges and

agrees that neither the company, nor its employees or agents are or shall be

liable under any circumstances for any damages resulting from leaks or for the

failure of the receiving tank or associated piping or any other matter.

It is the customer’s responsibility to maintain their

driveways and property making sure they are safe for deliveries.

[redacted] was set up as an automatic delivery customer. [redacted]’s Oil made oil deliveries when [redacted] needed oil. We did nothing

different on December 23, 2013 than we did on any previous delivery to his

property. It is the customer’s

responsibility to pay for that delivery within 7 business days. This delivery was made on December 23, 2013. To date, March 27, 2015, [redacted]’s Oil has yet

to receive payment for this deliver in the amount of over $700.

Again, please let us know what additional information you

will need from us to clear up this matter.

Thank you,