I was a guest on the podcast by The Car Chick (which is all about car knowledge for women and smart men) recently where we talked about the lemon law, what it means, and more. You can find more podcasts and much more information at www.whoisthecarchick.com.
riverless cars, which are technically known as autonomous vehicles, are getting more attention as the first vehicular accidents occur. While recent accidents are either still under investigation or have been settled out of court, the question arises: will driverless cars put an end to lawsuits? First of all, current autonomous technology isn't really driverless as the driver is required to monitor the road and keep his hands on the wheel in order to take over control if and when directed. Secondly, true vehicle automation is projected to take another ten years of technological advances so, at this point, answers in regards to litigation are speculative. That being said, in the past decade Google has logged over 500,000 miles on their “driverless” vehicles without a single accident so part of the answer may be in preventive driver training before vehicle purchase. The National Highway Traffic Safety Administration (NHTSA states a full 94 percent of accidents are due to driver error so autonomous vehicles should sharply reduce the number of crashes and corresponding lawsuits. In fact, it already has, in the form of anti-lock brakes, electronic stability control systems, and voice-controlled GPS systems. More than likely the legal system regarding vehicular accidents will evolve with the self-driving industry. Rather than liability being placed solely on the driver there will inevitably be some crashes attributed to the vehicle control system. In those cases, product liability laws, the legal framework used to determine if a defective product caused damages, may provide the basis for seeking legal remedy for property damages, personal injuries, and deaths from driverless car crashes. In November, News2 investigated when customers said they were tricked into buying lemon cars. You can read the full story here.
When you are attempting to buy a car, remember to read the paperwork before you sign it. Even if you are in a rush, slow down and read what you are signing. The dealership’s paperwork is designed to help the dealership if you complain not you, and the Court might not help you if you don’t at least read what you are signing. Maybe the question is, do you feel lucky? Land Rovers are big sellers over seas. Some entrepreneurs have tried to capitalize on that. They buy Land Rovers, Defenders seem to be a favorite, and then they try to export these luxury cars to China. The only problem is manufacturers forbid their dealers from exporting cars. Dealers caught exporting cars may be penalized monetarily, lose future inventory, and may even have their franchise terminated. Sometimes individuals try to buy these cars and export them overseas. This opens them up to being arrested by the Secret Service or customs agents.
Entrepreneurs want to make money so they have been known to call people, even those half way across the country, and offer them money if they would buy these luxury cars. Many times the people approached live paycheck to paycheck or don’t even have jobs. They walk into a dealership and pay cash for the car. The DMV paper work goes through. Then they sign papers selling the car to the exporter who gave them the money in the first place. You would think that, now that it is a used car, the exporter would be free to do what he wants. Not so fast. You still have to comply with the law. If the government thinks the car is being exported improperly, it is going to go after everyone in the chain of title. In fact, the government has been cracking down on exporters, but, the results are not stellar. The ultimate question is, do you feel lucky? Well do ya? I hear plenty of different stories about lemon cars and trucks, but most are very similar. I heard something new the other day. My client says the digital dashboard in his 2013 Chevy Malibu goes dark, the gauges go to zero, and the radio screen cuts off. Okay, this is not really different than lots of my other lemon car cases. During our conversation, though, he says the dealer told him that his pacemaker may be interfering with the car’s electronic system.
Say what? You have got to be kidding. Then it occurred to me. Lots of people who have pacemakers drive. What if this were true? That would mean there is the possibility that a lot of cars could have lots of electrical problems while being driven down the street and we have all heard about the GM ignition cases. (Read here and here for more information.) where the car cuts off leaving the driver without any steering or brakes. I can tell you I don’t want to be next to someone whose pacemaker causes his car to cut off. Anyway, I looked online. Apparently, the concern is not with the pacemaker affecting the car. It is the car affecting the pacemaker. (Is one problem better than the other?) The “smart keys” used by some newer cars transmit signals between 119 and 135 kHz with a relatively low power. If the key is close enough to the pacemaker, it might interfere with the pacemaker signal. Some pacemaker companies recommend you keep your smart key 9" to 24" inches away from a pacemaker. If you have a pacemaker, you might want to check with your doctor and the pacemaker company to determine if there is any real concern about being in a digital car. One of the most frequently asked questions I receive is whether a person may return a car to a dealership within seventy-two hours after buying it. As a general rule, once you sign a contract to buy a car, you can’t simply return it because you don’t like it.
The law in South Carolina is very simple. If you sign the paperwork, you are deemed to have read all of the terms, understood all of the terms, and agreed to all of the terms. Therefore, as a general rule, the courts will hold you to all of the terms, and you will be responsible for paying for the car. You might have heard you had three days to cancel any contract. Let me clear up the confusion. There is a seventy-two hour “RIGHT TO CANCEL” on second mortgages and home solicitations like door-to-door magazine sales. This right does not exist regarding car sales. Some people feel the dealership should accept the return of the automobile much like a store accepts the return of a shirt or jacket. The difference is that the store accepts the returned merchandise to create good will between it and the customer, i.e. the customer is always right. Since people only buy a car every three to four years, many dealerships do not feel inclined to operate under the same principle. This does not mean that you do not have any rights to return a defective car. It simply means that, on most occasions, you are not going to be able to sign a contract for a car, take it home, decide you don’t want it and then get your money back. The lesson here is to make an informed decision before you buy your car. Do all of your homework first. Know what kind of car you’re looking for, what the rates are, and what your credit score is. Then read the entire contract before you sign any paperwork. Don’t rely upon the salesman or sales manager to explain “the important parts” to you. The entire contract is important. Remember the adage “forewarned is forearmed” because if you sign a contract to purchase a car and then realize later you’ve don’t like what you bought, there may be little you can do to correct it. |
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