Frequently Asked Questions
Auto Fraud/Lemon Law
What can I do if I think my car is a lemon?
If the manufacturer or its representative in California is unable to service or repair a new car to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer must either promptly replace the vehicle or make restitution. This applies to any nonconformity that substantially impairs the use, value or safety of the car (e.g., an engine that will not start, a sunroof that will not close, etc.). The consumer gets to choose which remedy he/she wants (i.e., restitution as opposed to replacement). In the case of replacement, the manufacturer must replace the buyer’s vehicle with a new motor vehicle substantially identical to the vehicle replaced. The replacement vehicle must be accompanied by all express and implied warranties that normally accompany new motor vehicles of that specific kind. The manufacturer must also pay for or to the buyer the amount of any sales or use tax, license fees, registration fees, and other official fees that the buyer is obligated to pay in connection with the replacement, plus any incidental damages to which the buyer is entitled (e.g., reasonable repair, towing, and rental car costs ). In the case of restitution, the manufacturer must make restitution in an amount equal to the actual price paid or payable by the buyer, including any charges for transportation and manufacturer-installed options, but excluding non-manufacturer items installed by a dealer or the buyer and including any collateral charges such as sales tax, license fees, registration fees, and other official fees, plus any incidental damages to which the buyer is entitled. The manufacturer is entitled to an offset for the consumer’s use of the car, but this offset is calculated pursuant to the Song Beverly Act. If you think your car is a Lemon, contact Blasser Law to schedule a consultation.
I discovered serious problems with my vehicle after purchasing it. What can I do?
Upon discovering serious problems with your vehicle, the first thing you should do is take it to a qualified mechanic to verify what the problem is and where it originates from. Make sure to get the mechanic’s written opinion and verify that the vehicle is safe to drive. This will usually reveal the problem and give you an idea as to whether it was present prior to your purchase. A vehicle history report may provide with you with some valuable insight into this as well. If you believe an automobile dealership sold you a vehicle with undisclosed problems, contact Blasser Law to schedule a consultation.
Do I have to sign a new vehicle contract if the dealership cannot approve my loan for the terms stated on the first contract?
No. If the dealership cannot secure financing for your transaction, it can ask you to return the vehicle and rescind the transaction under the right circumstances. The dealership cannot, however, insist or force you to sign a new contract with less favorable terms. If you were told you had no choice but to sign a new contract, contact Blasser Law to schedule a consultation.
I purchased a vehicle with an “as is” sticker on it. Does this mean the dealership had no obligation to disclose known problems with the car prior to my purchase?
No. A dealership may not conceal known problems just because it slaps an “as is” sticker on a vehicle. Generally speaking, if a dealership knows about a pre-existing problem, it needs to disclose that problem to the consumer prior to the sale. If you purchased a car with undisclosed problems, contact Blasser Law to schedule a consultation.
Are employers required to make their employees “clock in” and “clock out” with a formal time card system?
While there is no legal requirement for employers to maintain a formal time card system, it is best to do so. Where employers fail to keep records concerning the amount of hours an employee works, it puts the employee in a position where he/she may prove overtime violations with his/her testimony. As such, it behooves any employer to keep accurate employment records. If you have further questions concerning employment law, contact Blasser Law to schedule a consultation.
What happens if I die without a will or trust in place to distribute my assets?
If this occurs, your estate will likely end up in probate and your assets will be
distributed according to California law via the rules of intestate succession. Protect your estate, and your legacy, by contact Blasser Law to schedule a consultation.
What is probate?
Generally speaking, “probate” is a legal process that takes place after someone dies. It is during probate where the court will determine that a deceased person’s will is valid. The decedent’s property will also be identified, inventoried and appraised during probate. The taxes and debts of the estate will also be determined during probate. Finally, any remaining property will be distributed according to the terms of the will…or if there is no valid will, according to California law. Protect your estate, and your legacy, by contact Blasser Law to schedule a consultation.
How do I know if I have a personal injury case?
If you have been injured as a result of the negligent, reckless and/or careless actions of another party, you can file a personal injury claim seeking damages to compensate your losses or to punish the other party. In the tragic event of a loved one’s death, you may also have standing to file a wrongful death claim on their behalf. Individuals, government agencies and corporations all owe a legal responsibility to act in a way that does not place you at unreasonable risk of harm or injury. If another person, a corporation or a government agency acts negligently and causes injury to you as a result, he/she/it can be held liable for damages. If you or someone you love has been injured as a result of someone else’s negligence, Blasser Law can file a claim and/or lawsuit on your behalf and get you the compensation you deserve. If you have been injured in an accident of any kind, contact Blasser Law to schedule a consultation.
Do I still have a personal injury case if I was partially at fault for the accident?
Being partially at fault in the accident can definitely limit the amount you recover in a settlement or verdict, but it does not automatically bar your ability to recover. If you were partially at fault for the accident, your responsibility will be apportioned by a judge or jury. Contact Blasser Law to schedule a consultation and get our honest assessment of liability.
Is there a time limit to filing a personal injury claim?
Yes, there is a time limit (formally called a statute of limitations) in California for you to file a personal injury lawsuit. If you believe you or a loved one have a personal injury claim, you should Contact Blasser Law as soon as possible to avoid seriously jeopardizing your chances of being compensated for your suffering. If you have been injured in an accident of any kind, contact Blasser Law to schedule a consultation.