Legal Question in Consumer Law in Georgia
This is going to sound a little ridiculous, and maybe we just have to suck it up on our own stupidity, but about two weeks ago my husband's car quit running while he was on his way to work about 30 minutes from home. The tow truck driver wouldn't take the car to our house, but insisted it go to his shop. Shop mechanic said we'd need a $1000 fix. We paid him $90 he was charging for running a "diagnostic" on the car and got a tow truck from our home town to go get it and bring it to our home. Today I asked husband to just humor me and put some gas in it from the gas can (we have a broken gas gauge). The car started right up and kept running. So we paid $180 ($90 for towing and $90 for that "diagnostic." Anything I can do about this? Can I demand my money back?
1 Answer from Attorneys
While it is ALWAYS a bad idea to call any tow truck driver that refuses to take a car where you want (next time get Allstate or AAA motor club and tow cars where YOU trust), he charged for a legitimate two when you were broken down, and while his diagnostic may have proven wrong, you had the sense to check out the opinion. At worst, you could ask for the diagnostic back.
If he's a sleazy businessman, he'll say no. If he's really a good man, he may say yes. But beyond asking, going after someone for $90 isn't worth the trouble and you don't by your own admission have a strong case.
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