C. Steven Moskos SC Lemon Law Attorney

The Top 5 safest cars and why

6/4/2018

When ranking cars for safety, the advantage goes to those who enjoy a higher income because the safest cars are ranked as luxury vehicles. This conclusion was reached by US News and World Report when they combined the Insurance Institute for Highway Safety’s rankings for vehicles by size in their tests for and the test crashes from the National Highway Traffic Safety Administration (NHTSA). The following list is two parts: the safest cars in each category as well as the safest new cars on the road.

From IIHS Safety Ratings:

Small cars: 2018 Chevrolet Volt with optional front crash prevention
Midsize cars: 2018 Honda Accord with specific headlights
Large cars: 2018 Kia Cadenza with optional front crash prevention and specific headlights
Small SUVs: 2018 Honda CR-V with optional front crash prevention and specific headlights
Midsize SUVs: 2018 Honda Pilot with optional front crash prevention and specific headlights

From US News and World Report's combined IIHS and NHSTA Rankings:

2018 Genesis G80 Hyundai midsize sedan
2018 Genesis G90 Hyundai luxury sedan
2018 Lincoln Continental all-wheel-drive large sedan
2018 Mercedes-Benz E-Class luxury midsize car
2018 Santa Fe / Santa Fe Sport Hyundai SUV

How does this help you if you're in the market for a new car or SUV? It gives you some guidelines of what to look for in regards to vehicle safety. If you can afford a luxury vehicle, check the safety ratings before choosing a vehicle on looks and amenities alone. The same goes if you can't afford to pay over $40,000 for a new car. Don't buy just because of dealer incentives or gas economy. Investigate the overall safety features as well as the national test rankings when you're choosing your new vehicle to ensure you have the safest ride possible.

If A Car I Buy is defective, can i return it within 72 hours?

5/29/2018

In another post, I wrote that you do not have 72 hours to return a car. If nothing is wrong with the car, that is generally true; however, if the car is nonconforming, which means it is not operating as it should be, it is not operating as it should be, you may be able to return it. The legal concept is called revocation of acceptance. To return the car, the problem with the car must substantially impair the value of the car to you if 1) you accepted the car knowing about the problem but were assured by the dealer that the problem would be fixed, and it was not or 2) you accepted the car without knowing about the problem because it was too hard to discover the problem, or the seller assured you nothing was wrong with it.

If the car is nonconforming, you must tell the dealer about it within a reasonable time. A “reasonable time” is not defined. It will depend on your circumstances so don’t wait. Tell the dealer you want your money back as soon as you can because the Court does not stop the clock, “time”, until you tell the dealer there is a problem with the car. Putting it in writing is even better. Keep a copy for your records. You must also tell the dealer about the problem before there is a “substantial change” in the car. There are plenty of things that could be a “substantial change” in a car. Think of it this way. You may not be able to return the car if you wreck it so don’t wait.

Remember this is not legal advice. There are lots of scenarios that can change how to approach this situation. Sit down with an attorney to discuss your options and how your situation fits with the law.

Podcast Guest/The Car Chick

5/24/2018

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.

Why driverless cars won't necessarily mean no more lawsuits

5/20/2018

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.

Does a Carfax tell You Everything You Need to Know Before You Buy a Car?

3/29/2018

CarFax is the leading company in used car record tracking and is often publicized as a promotional tool to prove the soundness of a used vehicle. While CarFax claims to compile over 100,000 sources to document each car's history, you should consider it a tool rather than a final answer when you're in the process of buying a used vehicle.

Importance
CarFax compiles records from a wide range of sources that track Vehicle Identification Numbers (VIN), odometer readings, and accidents among other statistics. That means you'll have access to some title transfers, odometer readings, reported accidents, and manufacturer recalls concerning the vehicle in question.

Do You Need More Information?
You should have any used vehicle inspected and driven by a trusted mechanic before you buy. It's also a good idea to have the seller provide you with a written statement outlining the condition of the car and detailing any damages it may have.

What Might be Missed?
A CarFax report is only as good as its sources, and therein lies the problem. If a vehicle was in an accident that wasn't reported to police, it won't show up. Furthermore, if it was reported and the police department doesn’t provide reports to Carfax, you won't get the accident information. If the vehicle was in an accident or flood and was repaired by a mechanic or body shop that doesn't report to CarFax, you won't learn that information. In addition, insurance companies do not provide reports to Carfax. These are only a few examples, so if you have a question about your vehicle's condition, ask.

Why Use CarFax if not All Information is Reported?
Although CarFax may not cover every angle of a vehicle history, it is a valuable tool when buying a used car. Here are some key benefits you'll find on a CarFax report:

The Safety and Reliability section combines information from the Insurance Institute for Highway Safety, the Highway Loss Data Institute, and the National Highway Transportation Safety Administration and outlines the average cost for repairs of the vehicle make and model. The reliability section lists potentially expensive issues the model may be prone to as well as the average cost of ownership and the average risk of injuries and accidents.
CarFax lists the type of owner the vehicle has had. This can alert you to a former leased or rental vehicle and, combined with the odometer reading, can give you an idea of the type of use the vehicle has seen. A low odometer reading can tell you to be on the alert for low mileage driving issues.
The Owned in the Following States section can be a red flag. If the vehicle has been relocated several times in a short period of time, it may have been salvaged in one state, repaired in another, and sold in a third to avoid detection.
The Frame Damage Check means the vehicle was in a wreck so you should have the frame checked by your own mechanic for unrepaired damage.
If the Airbag Deployment Check is positive, it means the car has been in a wreck where the airbag deployed. Make sure the airbag was replaced.

What Can You do if You have an Issue?
CarFax guarantees a clean title on its report, but make sure you read the fine print. Register the car with CarFax if you buy it and be aware the guarantee is very specific.

If you suspect you've purchased a car that's been damaged without disclosure, it's important to get legal representation. Consumer laws are made to protect unsuspecting car buyers from fraud, and you may have a valid case.

Important Article: CFPB Finalizes Rule To Stop Payday Debt Traps

10/19/2017

f you're not following me on Twitter, you might have missed this important article I shared!

CFPB Finalizes Rule To Stop Payday Debt Traps https://t.co/DNHCKktmIO
— C Steven Moskos (@MoskosLaw) October 5, 2017

Follow me at @moskoslaw!

wHEN DOES A CAR DEALERSHIP START LYING TO YOU?

2/21/2017

It might start as soon as you click on the dealer’s website. I was working on a case the other day. I clicked on a dealer’s website. Up popped a dialog box.

“Hello, my name is Alexis. Have a question? I’m online.” Besides sounding like a 1-900 sex oriented ad, when I looked on the staff page, Alexis was no where to be found. I found the picture of the Internet Manager. “He” didn’t look anything like “Alexis’” picture. I felt like I was being “catfished”. What does that say about the ethics of a car dealer? Does it even make a difference to you?

Top Tweets For the Last 30 Days

11/10/2016

Here's what you missed if you're not following me on Twitter:

Very helpful educational videos for consumers being hassled about debts: https://t.co/3nJXV6epXv People need to know their rights
— Paul Bland (@FPBland) November 3, 2016

The big question about driverless cars no one seems able to answer https://t.co/kvGFXCz8Jf
— C Steven Moskos (@MoskosLaw) November 8, 2016

Buying at a Used Car Auction? What You Don’t Know Could Kill You https://t.co/SBgJ44fzs7
— C Steven Moskos (@MoskosLaw) October 28, 2016

Top Tweets of may

6/9/2016

For those of you who don't follow me on Twitter, I'd like to share some of my top tweets for May:

U.S. Supreme Court Affirms Privacy Rights in SpokeoDecision https://lnkd.in/dFSKxvB

Appeals Court Rejects Accord and Satisfaction Argument in Lemon Law Case https://lnkd.in/dmi6ymy

The CFPB Just Took a Huge Bite Out of Predatory Lending http://www.huffingtonpost.com/paul-bland/the-cfpb-just-took-a-huge_b_9847266.html … via @HuffPostPol

Dangers of payday loans

4/7/2016

Though I shared this article on Twitter, but I wanted to share it here as well because it's an important topic!

Scott Tucker's Payday Loan Scam Spotlights Industry-Wide Lending Abuses

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