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

5/29/2018

 
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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, 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. 
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Why driverless cars won't necessarily mean no more lawsuits

5/20/2018

 
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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.

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