With the recent spate of auto product recalls due to defective vehicle parts, many consumers are exploring the potential benefits of filing lemon law claims in order to receive a full refund or vehicle replacement. Although these claims are indeed helpful, they unfortunately cannot turn back time when an individual or group suffers injury or even death from a defective vehicle or unsafe auto part. No one can. However, a Pennsylvania auto accident lawyer may be able to help injury victims or surviving family members of auto accident victims obtain financial restitution from negligent auto manufacturers responsible for a defective or unsafe vehicle’s effects.

Ever since the National Traffic and Motor Vehicle Safety Act was enacted in 1966 (it is now coded as 49 U.S.C. Chapter 301) by the Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), over 390 million cars, buses, trucks, motorcycles, mopeds, recreational vehicles, and 46 million tires, 42 million child safety seats, and 66 million pieces of motor vehicle equipment have been recalled in order to fix safety defects. One can only imagine just how many incidents of serious injury and wrongful death have been caused by auto parts that were recalled far too late.

The aftermath of an auto accident may be an overwhelming experience for those involved or injured. In determining an auto accident’s cause, auto defects or unsafe auto parts may be fully responsible, thus placing auto manufacturers in a position of legal accountability. If you believe that a safety defect or dangerous auto part contributed to your auto accident injuries, or the loss of a loved one, then claims may be filed against auto manufacturers to assist with financial hardships as well as pain and suffering brought on by the accident or wrongful death. To learn more about your legal options and rights, please contact the skilled Pennsylvania auto accident lawyers at Anapol Schwartz for a free consultation. Call 866-735-2792 or visit www.pa-auto-accidents.com for more information.

Unlike in many other states, Connecticut residents who have defective cars have the opportunity to enter into a state-run arbitration program rather than simply taking auto manufacturers to court. The problem is that, while on the surface arbitration programs look like a good deal for consumers, many people don’t realize how complicated the process is. Let’s take a look at what’s involved.

First, according to lemon law rules, you need to file a request for arbitration. Your application and filing fee may be accepted or rejected. If your application is accepted, it is next reviewed by an arbitration panel, which consists of an arbitrator and a technical expert. There, it may again be accepted or rejected.

For many people, even filling out the application form can be confusing. For example, you need to choose between what’s called a “documentary hearing” or an “oral hearing.” In a documentary hearing, both you and the auto manufacturer have to turn in sworn statements and other evidence and documentation. The arbitration panel will only consider this written material when deciding your case. This process becomes daunting when you realize that the car manufacturer has a team of legal eagles at its disposal to poke holes in your written argument. It’s a bit like a Sampson and Goliath situation.

The same is really true for an oral hearing. As the name implies, you get to make your case verbally before the arbitration panel. But that doesn’t mean that you’re off the hook for written documentation. Indeed, you have to bring all sorts of written material to an oral hearing, including warranties, correspondence, work orders, and so forth. You’ll need to communicate all the conversations you’ve had with the dealer or manufacturer, have a list of questions to ask the manufacturer’s representatives, and prepare a closing argument.

That’s why it makes sense to have a lemon law attorney by your side. Most consumers aren’t Perry Mason, and shouldn’t be expected to go toe-to-toe with a carmaker’s legal team. A good lemon lawyer, like those at LemonJustice.com, is experienced in litigation and can prepare a case that will pave the way for a lemon buyback. Plus, at attorney can give you sound lemon law advice so that you have a strong case when going into arbitration. Alternately, he can approach the automaker directly, and reach a settlement without ever having to enter state-run arbitration.

According to many states’  lemon laws, having a defective car means taking an automobile manufacturer to court. But in CT, lemon law rules provide for what’s known as an arbitration program. Administered by the Department of Consumer Protection, the arbitration program decides whether or not your vehicle meets the criteria of Connecticut lemon laws, and whether you’re eligible for arbitration. Ultimately, the arbitration program decides whether or not you’re eligible for a lemon buyback.

In order to take advantage of the state’s arbitration program, you need to file an application and documents, as well as pay a fee. First, the Department of Consumer Protection will review your application and determine whether or not you’re eligible for arbitration. If so, your application goes on to an arbitrator and an automotive technical expert. These two people will also review your application, and can determine that you’re ineligible for arbitration – even if the Department of Consumer Protection said that you are.

While Connecticut lemon law supposedly designed the lemon law arbitration process so that consumers don’t have to hire an attorney, the reality is that it’s a very complex and intimidating process. It doesn’t help that auto manufacturers show up for arbitration with or submit documents from teams of attorneys who do nothing but fight lemon law claims. One slip-up by the consumer – either in terms of the paperwork filed or in not countering the arguments of the manufacturer’s legal team, and the idea of justice is out the window.

Whether you live in Connecticut –  or any other state with an arbitration program – it’s important to have an attorney by your side. The right lawyer can give you lemon law advice, and can often get you a settlement or a lemon buy back without ever going through the arbitration process. Often, an auto manufacturer will back down because having a lemon law lawyer sends the message that you’re serious about your claim, and that you’re not willing to put up with a defective car.

If you think you have a lemon vehicle, it’s important to contact an attorney early. In lemon law cases, timing is everything. A lemon law lawyer will consult with you and guide you through the process of substantiating your claim, collecting the proper documentation, and bringing the auto manufacturer to justice. 

A new car lemon is essentially a defective vehicle. However, CT lemon law doesn’t cover every single defect. It only covers defects that affect the use, value, or safety of the vehicle. So, for example, if the seat’s fabric were defective, the car wouldn’t be considered a lemon. On the other hand, if the vehicle had faulty brakes, that defect would be covered under the lemon law.

Connecticut’s lemon law rules also outline a timeframe during which a vehicle is covered. The defects have to show up within the first two years of the day you (or the original owner) took receipt of the vehicle, or the first 24,000 miles on the odometer – whichever comes first.

Just because a vehicle has a defect doesn’t automatically make it a lemon. What makes a car a lemon is when the defect can’t be or hasn’t been repaired. While CT lemon law says that a “reasonable” number of repair attempts must be made, which is defined as four repair attempts. This means that, if you’ve taken the vehicle in for service four times and the problem isn’t fixed, and if the problem is one that affects the use, value, or safety of the vehicle, you likely have a lemon on your hands.

There are a couple of other ways to meet the criteria for Connecticut lemon laws. For example, even if you haven’t taken your vehicle in four times for repair, it can still be considered a lemon if it’s been out of service for a cumulative total of 30 days for a number of unrelated problems. Likewise, if the defect is one that might cause serious injury or death if you drive the car, you have lemon law rights after two or more repair attempts during the first year you own the car.

Dealing with lemon law issues can be daunting for consumers, most of whom have never had to navigate the legal maze involved with a lemon buyback. That’s why it’s in your best interest to get lemon law advice from at attorney who specializes in lemon law. The attorneys at LemonJustice.com are standing by, ready to assist you. Call today for a free case evaluation.

A number of catastrophic injury victims sign medical liens every year. Many of these victims are not aware of the consequences a lien can have on their settlement. Signing a medical lien could be a fatal mistake that can wreck your personal injury claim.

Medical Liens Can Hurt Your Personal Injury Settlement

When you sign a medical lien, you are obligating your personal injury attorney to pay your expenses once the case is settled. Your medical bills will be paid from your settlement. In some cases your medical bills could be greater than your settlement value. In this case you will still be obligated to pay the lien once your case has been settled, even if you don’t receive a settlement at all.

Over the years I have noticed that clients walk away with more money in their pockets if they don’t sign a medical lien. A lien offers no oversight as to the appropriateness of services. Doctors treating patients could charge a larger fee, over-treat patients, or both.

Don’t Ignore Your Personal Injuries

Weather you are treating on a lien or using heath insurance, it is important to continue treatment if you have an injury. This could be critical for you and your family to make a full recovery. It is also important to ensure your injuries do not get worse.

Free Book To California Personal Injury Victims

Accident victims may learn more about liens by requesting, “The Seven Fatal Mistakes That Can Wreck Your California Personal Injury Claim.” This book is valued at $14.99 but is offered at no cost to California personal injury victims. It contains information that every accident victim should have.

If you or a loved one has been seriously injured from a California car accident please contact an experienced personal injury lawyer. California accident victims may contact BISNAR | CHASE Personal Injury Lawyers for a free, no obligation consultation. We have helped more than 6,000 victims receive hundreds of millions of dollars and would like to do the same for you.

While NY lemon laws are fairly straightforward, there are some finer points that consumers sometimes miss. Here are three you should be aware of:

1. Private sales aren’t covered. If you purchase your used vehicle from another individual, your car won’t necessarily be covered by New York lemon law. Only those vehicles purchased from a dealer are included in lemon law coverage. However, the law defines “dealer” fairly broadly, as someone (a person or business) who sells or leases a vehicle after selling or leasing three used cars in the previous 12 months. Cars purchased at retail auto auctions are also covered by NY lemon laws. However, there are certain companies that are excluded from the definition of a dealer, including banks, regulated public utilities, state and local government agencies, and a business that sells a company car to an employee.

2. If you buy from a dealer, you’re covered. If a used car dealer meets the definition of a dealer under New York lemon law, you have the protections of a used car warranty – whether or not the dealer actually gives you the warranty. The law says that you’re covered, and that you can’t waive your rights under New York used car laws. So, if you unknowingly signed a contract containing a clause saying you waive your rights, that clause is null and void.

3. The value of your trade-in may be adjusted. In the case of a lemon buyback, NY lemon laws say that the dealer doesn’t necessarily have to refund the amount listed in your sales contract for your trade-in. Instead, he may use the wholesale value of your vehicle, as determined by the NADA Used Car Guide. If he still has your old vehicle on the lot, he also has the right to return your trade-in in lieu of refunding the money you received from your trade-in. However, you’re still entitled to a refund of the money you paid for the car you purchased.

Although New York offers consumers considerable protection under its lemon law, most people aren’t prepared to go toe-to-toe with dealers when they find they’ve purchased a used car lemon. That’s why you need an attorney by your side who specializes in fighting car dealers and auto manufacturers. If you think you have a used car lemon on your hands, contact LemonJustice.com today. Our attorneys are standing by, ready to help you get the justice you deserve.

The used car warranty outlines that the dealer or his agent will repair any covered problem within the warranty period, and that he won’t charge you for it. The length of the warranty period varies according to the number of miles on the odometer at the time you buy or lease the vehicle. So, if the odometer has a reading of 18,001 to 36,000 miles, the warranty is in effect for 90 days or 4,000 miles. If the odometer has a reading of 36,001 to 79,999, the warranty is in effect for 60 days or 3,000 miles. If the odometer has a reading of 80,000 to 100,000 miles, the warranty is in effect for 30 days or 1,000 miles.

When it comes to the length of the warranty, it’s important to note that the law states that the warranty is extended by one day for every day your car is in the shop for repair. So, for example, if your car is unavailable for three days because it’s being repaired, your 90-day warranty extends to 93 days.

Buying a used car means that you’ll get a warranty, but in some cases the dealer can limit what’s covered. The car warranty law associated with NY lemon laws says that certain parts must be included. So, for example, the engine, transmission, drive axle, brakes, and steering are included, as well as the radiator, alternator, generator, starter, and the ignition system. Other items, such as the battery, are not included.

When it comes to limiting warranty coverage, NY lemon laws say that the dealer can exclude coverage for a variety of reasons. For example, the warranty won’t apply if you don’t perform routine maintenance on the vehicle. That’s why it’s important to not only get the work done, but to also keep thorough records documenting when the work was done and who performed the work. In addition, problems that result from getting in a wreck, theft, or even getting caught in a snowstorm aren’t covered. Neither are things like tune-ups and oil changes.

To determine whether or not your vehicle is covered under warranty law, and whether or not you have a lemon, it’s important to seek professional lemon law advice. The attorneys at LemonJustice.com are standing by to help you navigate the waters of auto defects, and to hold a dealer’s feet to the fire if he sold you a used car lemon.

1. In order to be considered a lemon under the law, a used car must meet five criteria: it must be purchased from a NY dealer; you have to pay at least $1,500 for it; it has to be driven primarily for personal use; it had to have 18,000 miles on the odometer when you bought it OR two years had passed since the original date of delivery; and it had to have 100,000 or fewer miles on the odometer when you bought it.

2. You must receive a lemon law warranty when you buy the vehicle. According to NY lemon laws, the dealer has to give you a warranty when you purchase the vehicle. Essentially, it’s a guarantee that the dealer will fix any problem that’s covered by the warranty, and that the dealer won’t charge you for it.

3. You’re required to notify the dealer of a defect. The law says that, if you have a defective car, you must notify the dealer within the warranty period.

4. The dealer has the right to repair the problem. Once you’ve notified the dealer of the defect, the law gives him the opportunity to fix the problem. NY lemon law says that the dealer can try to fix the problem three times. If the problem persists after the third repair attempt, your vehicle meets the definition of a lemon. Alternately, if your car was out of service for 15 or more days for one or more problems, the vehicle also meets the definition of a lemon.

5. A lemon buyback means a full refund. Unlike NY lemon laws for new cars, a used car lemon is eligible for refund of the full purchase price, without a deduction for mileage.

Remember that, just because your vehicle may meet the definition of a used car lemon, it doesn’t mean that it will be easy to get the dealer to do a lemon buy back. That’s why you need an advocate by your side who has experience in fighting for consumers. The attorneys at LemonJustice.com are experts in NY lemon laws, and have gone toe to toe with dealers to get their clients justice.

Once you get home with your new purchase, you may find that you’ve bought a lemon. Luckily, New York lemon laws are some of the most stringent in the country. While this isn’t the case in many states, in NY, used cars are covered by lemon law rules. In other words, even if you’ve made a lemon purchase, you do have an avenue of redress.

As we’ve said, New York’s defect automobile laws cover used cars, too. But it’s important to know how the law defines a used car lemon. NY law says that, in order to be considered a lemon, a used car must met every one of five criteria. First, you have to have purchased, leased, or had the vehicle transferred to you after there were 18,000 miles on the odometer or after two years from the original date of delivery. Second, you have to have purchased or leased the vehicle from a New York dealer. Third, you have to have paid at least $1,500 for the vehicle. Fourth, there had to have been 100,000 miles or less on the odometer when you bought or leased the car. Finally, the car has to be driven for personal use (as opposed to business purposes) over fifty percent of the time.

If you think that you’ve purchased a NY lemon, the first thing you should do is contact a lemon law attorney. The lawyers at LemonJustice.com specialize in New York lemon law, and can walk you through the process of establishing the status of your vehicle and work toward getting you a refund. Anytime you purchase a vehicle – whether new or used – you have the right to a ride that’s free of defects. Remember that the law is on your side, as are the attorneys at LemonJustice.com. When you stand up for your rights and demand justice, you not only get a refund, but you hold dealers accountable. Doing so means it’s less likely that other consumers will be taken for a ride.

New York lemon laws are some of the best in the country. Although many states’ lemon laws don’t cover motor homes, NY lemon law does cover the purchase of new motor homes. Still, establishing that your motor home is a lemon and is eligible for a lemon buyback can be tricky. That’s because, unlike most cars and trucks that are designed and assembled by a single auto manufacturer, motor homes often have component parts that are produced by a dozen or more manufacturers. Nailing down the right manufacturer for the defect can be more difficult than it appears.

According to NY lemon laws for new vehicles, if you’ve taken in your motor home for repair of the same problem on two different occasions, or if your motor home has been out of service because of the defect for 21 days, you need to notify the manufacturer. This notification is more than a phone call; the laws says that you need to notify the manufacturer in writing, using certified mail with a return receipt requested. You must do this before you can seek any remedy under NY lemon law.

Once you’ve sent your letter, your motor home has to undergo one additional repair attempt or be out of service for nine more days. In other words, the total number of repair attempts is three or the total number of days out of service is 30.

If you’ve complied with the notification requirements, you have two choices when bringing a claim under New York or NYC lemon laws. You can either enter into arbitration with the manufacturer, or you can sue the manufacturer in court. It’s important to keep in mind that, while it’s tempting to go the do-it-yourself route in arbitration, you’ll be in a much better position if you have a lemon law lawyer at your side and sue the manufacturer in court. Because NY lemon law says that the manufacturer must pay your attorney’s fees in successful actions, having an attorney represent you shouldn’t cost you any money. In fact, the legal team at lemonjustice.com is standing by, ready to help you get the relief you deserve for your lemon motor home.

Motor homes are supposed to be a safe haven, a place where you can hit the road in comfort and enjoy much-deserved downtime. If you have a lemon motor home, it’s important to stand up and assert your rights – something that will be much easier when you have a legal expert at your side.