Legal Question in Consumer Law in California

Got Ripped of by a road assistance tow truck- A Highway Robbery

On the 6th of Feb, around 8:00 PM, my car lost control on the hwy 1 and main street, in Half Moon bay, CA, and got stuck in the

mud on the big muddy island in the middle of the hwy. I was neither obstructing traffic nor there was any concern of my safety.

Since it was a two wheel drive car, I was really struggling to get it out of the mud. A fire dept ambulance came and told us that

he would get us some help. A little later, sheriff dept vehicle (it said "Traffic" on the vehicle) showed up and after testing me

if I was drunk, asked me if I had AAA if I wanted them to call a tow truck. I was not the member of AAA. I told them to wait. They

just sat and watched me digging mud and attempting to get my car out of the mud. Finally when they asked me if I need them to

call a tow truck again. I thought it would be a highway rescuer (govt funded) so I told them ok.

A bit later, a white tow truck came, and told me It was no big deal. Right away, He hooked the tow thing and pulled my car out of

the mud in no time ( in 5 min). After that the cops left, the tow guy came to me with a bill of $240.00 (???????!!!!!!!!).

The name of the tow truck company is "Curley & Red's Towing & Body Shop, 215 San Mateo Rd, Half Moon Bay, CA 94019. Ph. No. 650

726 4949.

I was like whaaaaaa? Why? WHy so much? I have used tow truck many times, it usually costs $70.00 to tow for a long distance. This

time he hardly towed 10 feet, and was asking for $240.00.

I told him if I were to pay for it , how come I was never notified about the price before he even touched my car. He acted like it

was free service or it was part of his duty to get my car out of the mud. How come no one told me the price?

He told me I did not have choice. That was his standard price, and if I did not have money he would tow my car forcefully to his

tow yard, and he would add another tow and the storage fee on the top of it, and if I do not pay he would impound my car. It was

dark. It was his home town. I was new in that area. I live in South San Francisco. This guy bullied me, intimated me .

I called the 911 to solve this problem, and I got to talk to the same officer who told me flatly that there was nothing he could

do. It was a civil matter. Just pay that tow guy, and complain that to the San Mateo legal aid or whatever.

It was him who called that scam artist, tow guy, now he said he had nothing to do with it. He also saw that there was no

discussion of price at the beginning.

I paid him with my cousin's credit card and left with the bitter taste. I felt helpless, felt cheated, and intimated.

Now my complain is :

1. Was not I supposed to know the price before hand?

Had I known the price, I could have called the other tow truck companies around, bargain the price or even could have called one

of my friend to come over there with the jeep to give a push.

2. Is not $240.00 a bit too high for a small job?

He said it was his standard price. How am I supposed to know his standard price? Where was it posted? Do all the CA drivers know

his standard price? Is it written on the DMV booklet? Not the one, I read for my license.

When I offered him $100.00 (still too high) even though it was his fault of not notifying the price before hand,

he told me rudely that I was not in the position to bargain the price, I just had to pay what he asked.

His standard price could have been $10,000.00. Then what? How would I get that kind of money?

3. How can I sue this company? I think I was scammed and ripped off.

I believe it was a malpractice. It needs to stopped. He found me as an easy victim who did not have any choice.

4. Who will listen to my complaints?

Is not this what is called a Highway Robbery????

I need a lawyer or advice to sue this company. Please help me. I am sure I am not the first victim of this company but I sure like

to be the last one. Help me.

1 Answer from Attorneys

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