If a service-station attendant put the wrong fuel in your car, the station is generally the one who pays, not you. Under Australian Consumer Law, any paid service has to be carried out with due care and skill. Filling your tank is a service, and putting the wrong fuel in it is a clear failure of that. So you may have a claim against the station for the cost of draining the tank and fixing any damage their mistake caused.
But the money is the second job. The first job is stopping the damage. Don't start the engine, and call a specialist to drain it on the spot. A car that was never driven on the wrong fuel is a cheaper fix and a much easier claim to win. This guide is written by Ben, qualified mechanic and owner of Rapid Fuel Rescue, to walk you through both. It's general information, not legal advice, so get advice for your own situation before you act on the liability side.
The Bottom Line
- Who pays: if the servo staff put the wrong fuel in, the station is generally liable, not you. Australian Consumer Law says a service must be done with due care and skill.
- Stop first, argue later: don't start the engine, call a specialist to drain it, then sort the money with the station.
- Get it on record: keep the fuel receipt, note the time and the attendant's name, take photos, save any dashcam footage, and get the station to admit the mistake before you leave the forecourt.
- How to claim: raise it with the manager first, then Consumer Protection WA, then the Magistrates Court of WA if they refuse.
- The drain itself: Ben confirms the exact price before any work starts. No Fix, No Fee. Call Ben on 0416 692 022, 24/7 across Perth.
First things first: stop the damage before you argue about money
When it's not your fault, the temptation is to stand there sorting out blame. Don't. The clock is what matters now. While the wrong fuel sits in the tank, you're fine. The moment the engine runs, it spreads through the fuel pump, the lines, and the injectors. That's what turns a simple drain into a big repair bill.
So before anything else:
- Don't start the engine. Not even to move the car. Don't turn the key to the accessory position either, that primes the fuel pump on a lot of vehicles.
- Leave the car where it is if it's safe, or get the staff to help push it clear of the bowser. Do not drive it.
- Call a wrong fuel specialist. A mobile technician comes to you, drains the tank, flushes the system, swaps the filter if needed, refuels, and you drive away. No tow, no workshop.
There's a second reason to stop. Driving off on the wrong fuel makes the damage worse and muddies your claim, because the station can argue you added to the bill. A car switched off the moment the mistake was spotted is the cleanest case. For the full rundown, see our guide on what to do if you fill up with the wrong fuel, and the fuel drainage service page for what happens on-site.
So who actually pays when the servo misfuels your car?
This is the part that matters when it wasn't your hand on the nozzle. A consumer guarantee is a basic right the law gives you automatically when you pay for goods or services, and it can't be signed away in the fine print. One of those guarantees is that a service is supplied with due care and skill. It sits in section 60 of the Australian Consumer Law, and in plain English it means the work has to be done at least as well as a careful, competent person would do it. The Consumer Protection WA guidance on services spells this out.
Filling your tank is a service. So if an attendant pumps petrol into your diesel, or diesel into your petrol, that service wasn't done with due care and skill. You may have a claim against the station for the cost of putting it right. Misfuelling is just the technical word for the wrong fuel going in. The knock-on costs that flow from it, the drain, the flush, and the repair of any damage, can all be part of your claim. The ACCC consumer guarantees overview sets out how these rights work nationally.
This is different from the case most people search for. If you grabbed the wrong nozzle, that's driver error, and you'd be looking at your own policy or paying directly. Our guide on whether insurance covers wrong fuel covers that one. When the station's staff did it, the responsibility points the other way. This is general information, not legal advice. Liability turns on the facts, so get proper advice for your own situation, especially if there's serious damage on the line.
Build your case before you drive off the forecourt
A claim against the servo lives or dies on evidence. The good news is it's all right there in front of you while you're standing at the pump. Gather it before you leave, because it's almost impossible to get later.
Get the misfuelling acknowledged on the spot
Tell the attendant and ask for the manager straight away. Keep it calm. The most useful thing you can do is get the station to acknowledge, in front of you, that their staff put the wrong fuel in. If they'll put it in writing or on an incident form, even better. People are far more honest in the first five minutes than a week later when a claim lands.
Keep every piece of paper
Hold on to the fuel receipt. It shows the date, the time, the fuel type, and the amount. Your card statement backs it up. That's the spine of the whole claim, proof of what was sold to you and when.
Take photos and grab any footage
Photograph the pump label and the nozzle that was used, the bowser number, and your own fuel cap label showing the correct fuel. A clear shot of a green diesel handle in your petrol filler is hard to argue with. If you have a dashcam, save the clip. Ask the station whether their forecourt CCTV caught the fill and ask them to keep it, because servo cameras often record over footage within days.
Write down names and times
Note the attendant's name, the manager's name, the time, and a short note of what was said. Keep the written invoice from whoever drains the car. It proves the cost, and it shows the car was drained on-site rather than driven, which strengthens your claim that you did the right thing.
How to claim it back from the station in Perth
Once the car is sorted and your evidence is gathered, getting paid back follows a clear path. Work through it in order.
- Raise it with the station first. Put your claim to the manager or operator in writing, lay out what happened, attach the receipt and the drainage invoice, and give them a fair chance to fix it or pay. Most disputes end here when the evidence is solid.
- Escalate to Consumer Protection WA. If the station won't play ball, lodge a complaint with Consumer Protection WA at consumerprotection.wa.gov.au. They can step in and try to conciliate between you and the station.
- Go to the Magistrates Court if you have to. If conciliation doesn't resolve it, a consumer claim can be lodged in the Magistrates Court of Western Australia. In New South Wales this kind of claim goes through NCAT, so if you've read about NCAT online, the WA equivalent is Consumer Protection WA plus the Magistrates Court.
That sequence, station then regulator then court, is the standard ladder. Most stations settle long before court when your evidence is solid. You rarely need a lawyer for the early steps, because Consumer Protection WA is set up to help everyday consumers directly.
Why calling Ben first actually helps your claim
Getting a specialist out fast isn't just about saving the engine. It keeps your claim clean and small. In my experience running callouts across Perth, a wrong fuel job caught at the pump means the least damage, the smallest bill, and the easiest cost to recover from the station. I've seen too many people let it drag, drive it home, or let a workshop "look at it Monday", and by then the bill has ballooned into pump and injector territory, which is harder to argue and harder to claim back.
A mobile drain also gives you a clean written invoice and a record that the car was fixed where it stood, never driven on the wrong fuel. That's exactly the paper trail you want behind a claim. Rapid Fuel Rescue covers the full Perth metro and handles every vehicle type, from cars and 4WDs to utes, vans, trucks, fleet vehicles, boats, and machinery. The drain itself takes about 30 to 60 minutes. Our emergency fuel removal guide explains how the on-site service works.
Frequently Asked Questions
The servo put the wrong fuel in my car, do I have to pay?
Generally, no. If an attendant filled your tank with the wrong fuel, the station is usually liable for the cost of fixing it. Australian Consumer Law requires any paid service to be done with due care and skill, and misfuelling your car fails that test. You may have a claim against the station for the drain and any repair. This is general information, not legal advice, so get advice for your own situation.
What if the attendant won't admit it was their fault?
Gather evidence anyway. Keep the fuel receipt showing what was sold to you, photograph the pump and your fuel cap label, note the time and the staff names, and ask the station to preserve their CCTV. The written invoice from the drainage service backs up your version. Even a flat denial doesn't sink your claim. If the station still refuses, lodge a complaint with Consumer Protection WA, who can try to conciliate.
Should I claim on my own insurance or chase the servo?
When the servo caused the mistake, the claim points at the station, not your own policy, because it wasn't driver error. Claiming on your own insurance for someone else's mistake can cost you an excess and hit your no-claim bonus. If you did the misfuelling yourself, that's a different case, and our guide on whether insurance covers wrong fuel walks through it.
What do I need to prove the servo misfuelled my car?
The fuel receipt with the date, time, fuel type, and amount is the core piece. Add photos of the pump and nozzle, your fuel cap label showing the correct fuel, any dashcam footage, the attendant and manager names, and the written invoice from the drainage technician. Getting the station to acknowledge the mistake on the spot is worth more than anything you can gather later.
Can I make the servo pay for engine damage too?
If the station's mistake caused damage, that damage can be part of your claim as a knock-on loss from their failure to take due care. The catch is that driving on the wrong fuel can add damage that's on you, not them, which is why you should switch the engine off and call a specialist rather than drive it. The car that's switched off straight away keeps the cleanest claim.
How fast can someone come out in Perth?
Rapid Fuel Rescue covers the full Perth metro and Ben usually arrives in around 60 minutes, depending on where you are and whether he is on another job. Ben drains the tank, flushes the system, swaps the filter where needed, and refuels, with no tow and no workshop visit. You don't lose the car to a yard for days. Call 0416 692 022 and Ben confirms the exact price before any work starts.
If the servo just put the wrong fuel in your car right now
Don't start the engine. Don't turn the key to the accessory position. Stay calm and call.
Call Ben on 0416 692 022 and a technician will be on the way. We come to you anywhere across Perth metro, drain the tank, flush the system, and refuel on-site, no tow and no stress. Sort the money with the station afterwards. Get the drain done first so the bill stays small and your claim stays clean.
