Signing A Medical Lien Could Hurt Your Personal Injury Claim

Posted by Sergei Lemberg, Esq. on February 25th, 2010

Thanks to our friends at Bisnar Chase for this important information about personal injury claims.

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.

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The Finer Points of New York Used Car Laws

Posted by Sergei Lemberg, Esq. on February 22nd, 2010

When it comes to used car laws, New York lemon laws are among the best in the nation. When you purchase a used car in NY, you not only get a car bill of sale, but you also get what’s known as a lemon law warranty. This warranty can give you the peace of mind you need when you purchase a previously owned vehicle.

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.

Car Warranty Law and New York Lemon Laws

Posted by Sergei Lemberg, Esq. on February 22nd, 2010

A surprising number of consumers don’t realize that New York has a robust lemon law for used cars. Indeed, if you find you’ve purchased a defective car, you may be eligible to receive a full refund of the purchase price. In large part, this is because New York lemon laws include a car warranty law, sometimes referred to the “lemon law warranty.” Here’s the lowdown on NY lemon laws as they apply to the used car warranty.

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.

Five Essentials About New York Used Car Lemon Laws

Posted by Sergei Lemberg, Esq. on February 22nd, 2010

There are few worse feelings than buying a used car and coming to the dawning realization that you’ve purchased a lemon. Thankfully, if you live in New York, NY lemon laws offer you some protection. Lemon law rules vary significantly from state to state, but New York boasts some of the strongest lemon law protections in the nation. So, if you have a defective car and you purchased it used, there’s a good chance that you may be eligible for a lemon buyback. Lest you count your proverbial chickens before they hatch, though, here are five things you need to know about used car laws in New York.

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.

Used Cars Lemon Laws and New York

Posted by Sergei Lemberg, Esq. on February 19th, 2010

In today’s economy, more people than ever before are in the market for used cars. It can be a vulnerable feeling to buy a used car, because you always have a sneaking suspicion that you may just be buying someone else’s problem. Car dealers can be disingenuous at best, and sometimes a hard sell works – even if you have lingering doubts.

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.