Many countries are reopening their borders as the Covid-19 vaccination rollout continues, and travelers are regaining confidence.
Are you planning a big international trip? Why Do You Require Travel Insurance?
Labels: insurance, Travel Insurance
5 Challenges of the New Boomer
The nearly 78 million baby boomers in America have long been a huge target for life insurance professionals, as well as everyone else seeking to sell to this unprecedented demographic. Better educated and more successful than any other generation, boomers have enjoyed the enormous benefits of the burgeoning ranks of those known as “professionals.”
5 Challenges of the New Boomer
Source: Life Insurance Selling
More tips on avoiding lemon pre-owned/ used cars
This is a continuation on last week's post, on how to avoid your chances of purchasing a lemon pre-owned/used car. The same disclaimer applies; this is not legal advice, but are mere suggestions. Although I handle Texas lemon law cases, I do not handle pre-owned or used car cases.
- Get a mechanic's inspection. Purchasing a vehicle is arguably the second most costliest item that most consumers buy in their lifetime. As a consumer, you do not purchase vegetables at your local grocery with blindfolds on,...the same logic applies in purchasing lemon cars. Without a mechanic's expert opinion, it is difficult to determine the condition of the vehicle underneath the hood. My lemon law office gets at least one call a day of unsuspecting car owners who subsequently learn that their 2007 Dodge Caravan has a 2005 engine or component on it.
- Bring a friend during your visit to the dealership. During my pre-lasik surgery days, my friends always advise that four eyes are usually better than two. Buying a vehicle can be stressful and it is a good idea to have your friend look for potential red flags and defect cover-ups while you talk to the used car salesman.
All in all, good luck!
Labels: lemon law
How to Avoid Buying a Texas Lemon Car Online
Internet shopping is more commonplace than ever before and, surprisingly, people are even making large purchases online. Real estate is being sold on the Internet, for instance, and there are many online car dealerships that are finding great success on the Web. Although convenient, making an expensive purchase through a virtual store has its risks. If you are buying a car online through a Texas dealership, you need to take extra precautions to avoid purchasing a lemon.
Remember, if you are buying through a Texas dealership online, you are still protected by the Texas Lemon Law. However, you need to be even more cautious when purchasing a car that you won't be test-driving beforehand. To some, this kind of business transaction sounds ludicrous. However, many people have found some fantastic deals online. By proceeding with caution and following these tips, you can avoid buyer's remorse.
* Research the car you are about to purchase. What is its market value? What are the common complaints about this year and model? If this car is known for certain mechanical issues, you need to know this so you can inquire further.
* Research the seller you are dealing with. If this person / dealership has a bad reputation, it is better to find out beforehand.
* Make sure you have seen many detailed and recent photographs of the car. You will want to see the exterior, interior and under the hood. Request more photographs if necessary.
* If the car is used, purchase an auto history report in order to confirm that the car has never sustained any documented flooding or damage.
* If you are not able to examine the car in person, consider having a third-party mechanic look the car over on your behalf. This will cost money, of course, but may save you a lot of trouble in the long run.
Purchasing a car online has its risks and rewards. Remember, the Texas Lemon Law will protect your consumer rights. However, it is preferable that you do all you can to avoid buying a Texas lemon car to begin with. If you feel you have found a great deal on an online vehicle, carefully heed the above advice.
Labels: lemon law
Lesson learned from Texas Lemon Law Hearing
Four months ago, a friend of mine called my office four days before his scheduled administrative hearing with the Texas Department of Transportation regarding his lemon vehicle. I asked him to forward the documents to my office before I agreed to attend the hearing with him.
Upon receiving the documents, I noticed that my friend's file did not include a copy of the notice letter to the car manufacturer. I asked my friend about this and he told me that when he called the 1 800 lemon law number to the Texas Department of Transportation, he spoke with a representative from the department and the person on the phone told him that he did not need to mail the manufacturer any.
I ended up attending the hearing with my friend anyways. At the hearing, the administrative judge focused on the fact my friend failed to provide written notice to the manufacturer. Further, the administrative judge stated that because of the failure to provide the manufacturer with a 30 day notice, that my friend also did not provide the manufacturer with a final opportunity to cure.
Several days ago, my friend told me that he received the proposed decision from the administrative judge in the mail. It looks like the proposed decision is to dismiss the case simply due to my friend's failure to send a written notice demand letter. At the end of the day, the lesson to be learned by this is that all consumers who plan on filing a case with the DOT should send a written notice letter to the manufacturer as soon as possible. I recommend making a copy of the notice letter and sending is USPS certified mail with return receipt requested (RRR).
Labels: lemon law
Making a demand or waiting for a car insurance offer | Spot Insurance Claims Information
Whether you begin the claims process with a demand letter, or wait for an offer from the insurance company depends on your situation. People often have no idea what their claim is worth unless they consult with an attorney. However, if it’s a small case with minor injuries, low medical bills, no extenuating circumstances, you may not want an attorney to share in your small settlement. If you’re determined to handle it yourself, it’s probably better to allow the adjuster to evaluate it and make you an offer. Although the offer may be low, it will likely be on the low side of a reasonable range. You can always make a counter-demand for a higher figure. Provide the adjuster with all of the information she has requested, along with any other documentation that might affect the value of the claim, so she can make an offer based on your best evidence.
If, however, you have a general idea what your claim is worth, it would be prudent to draft a demand letter including all the relevant information and documentation (medical bills and reports, proof of lost wages, receipts for other expenses, etc.) and close with a demand for settlement and a time limit within which to respond.
A word of caution if you are handling your own claim: The general public is not trained to evaluate accident claims. Adjusters have the education and training required, but their job also includes saving money for the insurance company and settling claims as quickly and as cheaply as possible. If you are handling the claim yourself, and time is not an issue, go slowly and negotiate wisely. Don’t jump at the first offer, and come down very gradually, allowing the adjuster to come up.
CAUTION: If time is of the essence for you, i.e. if you are running up against the statute of limitations for settling or filing a lawsuit, and it doesn’t settle for what you believe to be a reasonable amount right away, you will need to contact an attorney immediately to protect your rights.
Labels: Auto Insurance
Negotiating your car accident insurance settlement |Spot Insurance Claims Information
After a car accident, if you have made a claim with the negligent driver’s insurance company for either property damage to your vehicle, bodily injury, or both, at some point, after providing the adjuster with all of the requested documentation, you will need to negotiate a settlement of your claim. Often, the adjuster will be the one to make the first move and offer you a settlement amount. If you have a definite opinion on the value of your claim, however, you don’t have to wait for his or her offer. You can write a demand letter with the figure you believe your claim is worth. (See Settling Your Car Insurance Claim: How to Write a Demand Letter.) The adjuster will respond in due course with a counter-offer. If you come to an agreement on a figure - great! It’s settled. (See The Initial Steps in Settling Your Car Insurance Claim.)
Suppose, however, that the adjuster makes an offer much lower than you counted on. (See When the Adjuster’s Offer is Too Low.) Note that adjusters have a settlement range and will typically begin at the lowest figure. Their job is to settle the claim for the least possible amount of money. You may venture into back-and-forth negotiations for a while, but no matter how long you have been negotiating, when he gets to the top of his range, there will be no further offers. (See Settling Your Car Insurance Claim: How Long Should It Take.) What happens if you reach an impasse? (See Negotiating Your Car Insurance Settlement.)
Here are some options to bring your claim closer to settlement, even if you have reached an impasse:
* Seek advice from an car accident lawyer to determine if the settlement amount you have in mind is a reasonable amount based on the facts and documentation.
* If you want to continue negotiating on your own without an attorney, write a letter to the insurance company to support the value you have placed on your claim. You may want to include any additional documentation and/or information not previously provided.
* Go up the chain of command and speak to the adjuster’s supervisor or manager. Adjusters get their dollar authority to settle from their higher-ups and may not have convinced them the claim is worth more than what is being offered. Perhaps you can convince them.
* Request alternative dispute resolution (mediation or arbitration).
* File a Complaint with your state’s Department of Insurance.
* Hire an attorney to continue the negotiations for you; most people are not born negotiators.
If your car accident attorney reaches an impasse and is convinced your case has greater value than the insurance company is assigning it, that’s when you file a lawsuit against the negligent driver to have the court decide.
Note that if you are having trouble resolving a claim with your own insurance company, for example, an uninsured motorist claim or a collision claim where your vehicle was deemed a total loss, you also have options. You may not only file a complaint with the Department of Insurance, but you may sue your insurance company for Bad Faith. (See When You Can’t Resolve a Dispute With Your Insurance Company.) Be sure to hire an attorney who is well versed in insurance bad faith cases.
Labels: Auto Insurance
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