what lawyer should i get if im dealing withcar

Full Answer

How can an auto lawyer help me buy a bad car?

Auto Lawyers are very helpful for consumers who purchased a bad car because they can apply legal pressure on the dealership that sold the bad vehicle. When consumers buy bad or defective vehicles, it may be difficult for them to actually get the dealership to give them what the law entitles them to.

Should I hire a lawyer for a car accident claim?

For example, if all the damage was to a vehicle and the vehicle was a high-mileage used car with a low book value, there's not much meat on the bone for an attorney. Don't doubt there are attorneys who'll take on smaller claims in exchange for a higher percentage of the recovery.

What should I consider when hiring a car dealership lawyer?

Before calling a car dealership lawyer you should consider getting all the necessary details ready for your auto fraud case. This includes knowing which parties are involved and the details of the damages, such as evidence of fraudulent sales practices.

Can I sue a car dealership without a lawyer?

It is usually difficult for a consumer to sue the dealership without a car dealership lawyer by their side. There are several steps that must be taken in order to get the dealership to give you your money back, pay for your repairs, or have you return your vehicle and cancel your contract.

What can I do if a car dealer ripped me off?

File an official complaintIf you have concerns about false advertising, you can report the dealership to the Federal Trade Commission.If there was a problem with your contract or your loan terms, report the dealer to the consumer protection office in your state.More items...•

Should I pay off a repossession?

Tips. Paying off a repossession can help your credit score since it reduces debt owed, and you may be able to get the item removed from your credit report. However, the significance of impact on your score depends on your credit history and profile and whether you take a settlement.

What happens if I dont pay deficiency balance?

If you refuse to pay, the debt will most likely be sold to collections. But either the lender or the collector can choose to file a lawsuit against you, which could result in a wage garnishment, a levy against your bank account or a lien against your other property.

How do I sue a car dealership in Texas?

Filing a ComplaintFor the fastest processing of your complaint, go to the Motor Vehicle Dealer Online Complaint System.Following the directions, provide a copy of the sales contract and other documents you may have received from the dealer.More items...

Is a voluntary surrender better than a repo?

Because a voluntary surrender means you worked with the lender to resolve the debt, future lenders may view it a little more favorably than a repossession when they review your credit history. However, the difference will likely be minimal in terms of your credit scores.

How much does it hurt your credit to surrender a car?

Expect your credit score to drop anywhere from 50 to 150 points, depending on other credit factors. That's not to say you should sit back and let your lender take your car. You might still be able to make arrangements with them.

How can you get out of a car loan?

5 options to get out of a loan you can't affordRenegotiate the loan. You can reach out to your lender and negotiate a new payment plan. ... Sell the vehicle. Another strategy is to sell the car. ... Voluntary repossession. ... Refinance your loan. ... Pay off the car loan.

Can my car be repossessed if I make partial payments?

Of course your car can be repossessed if you pay less than you owe. Partial payments may extend how long the creditor will wait before sending out the tow trucks, but in the end if you don't actually pay what you owe you cannot keep the vehicle...

Can I keep my car after a charge off?

You may be able to drive a charged-off car Depending on where you live, a lender is required to issue a default notice and allow you the opportunity to bring the loan current before repossession. In such cases you can avoid repossession if you pay off the debt or make satisfactory payment arrangements.

Can I return a used car in Texas?

After the Sale. Under Texas Law, you do not have 3 days to cancel the purchase like you may with some transactions the dealer is required to register and title the vehicle in your name within 30 days, regardless of if you owe money on the vehicle to the dealer or another financier.

What qualifies as a lemon car in Texas?

A “lemon” is a vehicle manufactured with defects. In Texas, for a vehicle to qualify as a lemon, it must suffer a defect covered by the manufacturer's warranty. Additionally, the defect must substantially reduce the car's value, use, or safety.

Can a car dealer back out of a signed contract in Texas?

In short, yes, a dealer can back out of a contract but only during specific time frames and scenarios. Also, their opportunity to do so is brief, and you're protected by laws should they attempt to take advantage of you. When you finance through a dealer, they look for a bank or lender to buy your car loan.

What is the California car buyer's bill of rights?

Laws in California, like California Car Buyer’s Bill of Rights, are designed to protect innocent consumers and car buyers who think they are getting a good deal when they are actually being sold a car that was in a prior accident, or a vehicle that is defective, or a contract for more than the advertised price.

What happens if you buy a car?

Talk to Our Lawyers that Deal with Car Dealerships If This Happened to You 1 You bought a car and paid more than the advertised price, 2 You bought a car and it broke down soon after you drove off the lot, 3 You bought a car without being told that it has been in an accident or that it is defective or has frame damage, 4 You bought a car with a warranty that the dealer won’t honor, or you are being told that your repair is not covered due to exclusion, or 5 You bought a car and later found out that the car dealer has lied to you.

What happens if you buy a car and it breaks down?

You bought a car and it broke down soon after you drove off the lot, You bought a car without being told that it has been in an accident or that it is defective or has frame damage, You bought a car with a warranty that the dealer won’t honor , or you are being told that your repair is not covered due to exclusion, or.

Can you talk to a car dealership lawyer?

You can talk to our car dealership lawyers if you have any suspicion of being a victim of auto fraud. If you have any car dealership problems, here are some of the remedies that our attorneys can get for you.

Can you return a car if you don't want to?

In some cases, if you don’t want to return your car and still have issues with the vehicle, our car dealership attorneys can help you keep your car and make the dealer pay for the repairs. These pre-existing damages that were not previously mentioned when buying the vehicle have a potential case for the dealer to repair at no cost to you.

Who pays legal fees in California?

Under the consumer laws in California, legal fees are usually paid by the dealership that breaks the law. Typically, when a case goes to trial, the legal fees are awarded by the court. If the case is dismissed or dropped, the client does not have to pay anything.

Do used cars have problems?

A salesman at the car dealership often tries to make buyers believe they got a deal, but in reality, used cars often have problems that buyers don’t know about. Many used car dealers sell cars with frame damage and defective engines. Laws in California, like California Car Buyer’s Bill of Rights, are designed to protect innocent consumers ...

What is a defective repair?

A defective car repair is a repair that is improperly done on a vehicle, as discussed above. A defective product recall is different and may be caused by a car defect which is the result of the vehicle’s manufacturer.

What happens if a car is not repaired properly?

If a repair is not properly completed, it can result in further damage or even injury to the passengers. A defective car repair can render a vehicle unsafe to drive. A vehicle that is unsafe to drive can result in physical damage to the vehicle itself, making further repairs difficult or impossible. It can also present risks to a driver, passenger, ...

How to protect yourself as an auto mechanic?

One important step an individual can take to protect themselves is research the mechanic or repair shop they plan to use.

Why is it important to have a consumer lawyer?

Since vehicles play such important roles in our everyday lives, it is important to have the help of a consumer lawyer in defective car repair situations. Car repair issues can inhibit your ability to work, take care of children and complete everyday tasks.

What is mechanic work?

In most cases, mechanic work is done in accordance with a contract between the shop mechanic and the customer. There will be terms of payment, the length of time the repair is expected to take, and any other concerns prior to the mechanic beginning work.

When is a recall necessary?

An automobile recall may become necessary when a vehicle part does not comply with the federal motor vehicle safety standards and/or there is a safety related defect in the equipment in the vehicle.

What does a lawyer do in a lawsuit?

Should a lawsuit be necessary, a lawyer can ensure your rights are protected, claims are properly filed and represent you during court proceedings if necessary. A lawyer will work to provide the best possible outcome for your case.

What causes an auto warranty to be voided?

Some examples of circumstances that may cause an auto warranty to become voided or invalidated include: When an auto warranty has expired; If an auto warranty policy does not apply to a specific defect, car part, or flaw; When someone other than the original buyer is attempting to claim a particular warranty;

What are some examples of legal issues with auto warranties?

Some examples of common automobile warranty legal violations and issues include the following: Breach of warranty (both express and implied); Warranties that contain vague or ambiguous terms; Issues of fraud or misrepresentation;

What is implied warranty?

Most cars come equipped with two implied warranties: an implied warranty of fitness and an implied warranty of merchantability. Unlike an express warranty, implied warranties are not communicated in writing or explicitly promised to a consumer. Instead, they are implied by factors, such as assuming that a new car is in proper working condition.

What is an auto warranty?

An auto warranty is generally defined as a promise or guarantee that is made by a manufacturer or car dealer that it will replace a vehicle, repair certain car parts that are defective, or that a car is of a particular quality. If a car does not live up to these promises, then a consumer can often demand a replacement, refund, ...

What can a consumer lawyer do?

An experienced consumer lawyer will be able to review the terms of your warranty and can use their findings to see if you have a viable claim. If you do, your lawyer can assist you in filing a lawsuit against the appropriate parties and can help you draft any legal documents required for your case.

What to do if warranty is not honored?

If that does not work, then a consumer can also try to negotiate with them for a reduced cost, by offering to pay for some of the repairs or car parts.

Can a manufacturer honor a warranty?

An auto warranty may not be honored by a manufacturer or dealer if it is expired, the consumer used the car in an unintended way, or if the warranty does not cover the specific issue that a consumer is requesting to be fixed. There are some instances, however, where a manufacturer or car dealer may intentionally not honor an auto warranty, ...

What are the rules for insurance?

If the following is true of an accident, it is unlikely that the insurance company will lowball you: 1 There was only property damage, and nobody was hurt or killed. 2 You suffered minor or no physical injuries. 3 The settlement you deserve is relatively small.

Do I need a lawyer after a car accident?

You are not legally obligated to hire a lawyer after a car accident. The only reason you need a lawyer after a car accident is if you are being sued or decide to sue the other driver.

1. Knowledge and Experience

Attorneys know the laws and how to apply them so that they are most favorable. You may know the laws, but knowing how those laws are interpreted and applied is a different story. An attorney has the knowledge and skills, as well as the experience to put them to work for you.

2. Negotiation Skills

Just like knowledge and experience, attorneys are skilled negotiators. Insurance claims adjusters can be pushy and try to lead you to say what they want you to say. Having an attorney tells the insurance adjuster that you mean business and you will not be pushed around.

3. Time Constraints

The leg work and information gathering can be time-consuming. An attorney has a staff to assist them in these types of tasks allowing them to get a lot more done than the average person.

4. Contingency Payment

If you are concerned about how you will pay, most accident and injury attorneys offer a free consultation to evaluate your case and offer advice. If an attorney takes your case, they will usually not be paid until you win your claim. They will then be paid a percentage of the amount won.

5. More Likely To Reach Settlement

If you are represented by an attorney, the insurance company knows that you are prepared to take the case to court. Seeking to minimize the company’s liability, the insurance company will be more willing to negotiate.

6. Higher Settlement Amounts

The insurance company is always working to minimize the liability of those they represent and minimize the cost to the company. With an experienced car accident lawyer representing you, they are more likely to offer a larger settlement amount to avoid the costs of litigation.

What happens if an insured fails to give notice of an accident?

If the insured policyholder fails to give the insurer notice of the accident, at least within the time limits specified in the insurance policy, the duty to defend might be voided.

What is intentional act in insurance?

Intentional Act Causing a Car Accident. If the policyholder is accused of having acted intentionally to cause the car accident, that could also void coverage (and therefore nullify the duty to defend). Automobile insurance policies generally provide insurance coverage only for negligent actions, not intentional actions.

What happens if you are injured in a car accident?

Generally, if you were seriously injured and in the hospital, or were otherwise physically and/or mentally incapable of notifying the insurer of the accident, that will qualify as an extenuating circumstance excusing your failure to give proper notice. Don't chance it. If you get into a car accident and you're capable of notifying the insurer, ...

What happens if you don't give your insurance notice of an accident?

If you fail to give your insurer notice of the accident within that time period, and you don't have a good excuse for not contacting an agent, the company may have the right to refuse to provide coverage for the accident. And, by extension, they may refuse to provide you with a lawyer if you get sued over the crash.

When does an insurer have to provide a lawyer?

A third important exception to the insurer's duty to provide a lawyer may apply when damages paid out by the insurer meet the policy's coverage limits. In general, once the insurer has paid the policy limits, it has no further duty toward the insured—no duty to pay any further money to resolve claims, and no duty to continue to provide ...

What happens if another driver sues you?

When another driver sues you after a car accident, your car insurance company usually has a "duty to defend" you. When you're being accused of causing a car accident, and someone else has filed a personal injury lawsuit against you, your car insurance company will usually hire a lawyer to defend your case in court. Read on for the details.

Does car insurance have a lawyer?

In general, all car insurance policies contain language stating that the insurer will provide a lawyer for the policyholder if he or she gets into a car accident and is sued for damages resulting from the crash. This is part of the insurance's company's contractual "duty to defend," which can be found in all different types ...

How much money do you need to settle a lawsuit without counsel?

For example, if you're expecting a $100,000 settlement without the benefit of counsel, a lawyer would need to get you more than $150,000 to make it worth the bother. Believe it or not, most attorneys give honest opinions on whether or not it would be worth your while to hire an attorney or take any easy settlement.

What is the importance of signing off on an agreement?

It is important, however, to have a high level of confidence that something unexpected isn't going to happen. Once you sign off on an agreement, you'll likely never have the chance to seek more money ever again.

Is the police report accurate?

The paperwork does not look accurate ( police report, insurance communications) Details are complicated (technical, legal, medical) Insurance is not playing nice. You do, however, have to ask if paying an attorney to recovery $10,000 in damages is worth the bother if you end up handing over $5,000 to the law firm.

Do insurance companies do their jobs?

In a lot of instances, insurance companies do in fact do their jobs as expected. There are definitely situations where you'd want an attorney to be involved, but there are also times when obtaining counsel is simply overkill. Let's take a look at some of the cases where you may NOT need to hire an attorney after an accident.

Can you file a personal injury claim if you have no injuries?

Generally, if no people were hurt, or there was no damage ( no broken bones or potentially lingering injuries that cause you to miss more than a couple days of work), then it may not be worthwhile pursuing a personal injury claim. Just be careful making this judgment of “no injuries” yourself.

Do you have to have counsel in small claims court?

You're certainly entitled to have counsel present to protect your rights in small claims court . The law firm, however, is likely going to expect a fee for their services rather than working on contingency, since the expected recovery would be very small. It depends on the situation.