What to do about a car service for which I was overcharged and which caused damage to my car?

I took my vehicle to get a oil change. It was suggested to get a transmission flush and more anafreeze. I asked what is the total for everything and he said $86. When it came time to pay he said my total was $187. I was very upset for being mislead. I spoke to the manager and the owner and the owner said that it’s nothing he can do. Since this is a independent business I don’t know what to do. The next day my truck would not go past 2nd gear. I took it to a mechanic and was told I now need a new transmission. So not only they cheated me out of $105 but now I have to pay over $1000 for a new transmission. Do I have a case?

Asked on February 25, 2013 under Business Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the mechanic/repair shop damaged your car through negligence (carelessness) or deliberately (i.e. by knowningly using defective parts), you could sue them for the cost to repair your car. If they charged you more than the agreed-upon amount, you could also sue them as well to recover the difference--and if they did not do what they promised to do at all, you may be able to recover the entire amount you paid. So from what you write, you may indeed have a case.

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