California Lemon Law Blog

According to a March 8, 2009 article in the Pasadena Star News, Sheriff’s Deputy, Isaac Zaldivar, was killed in Pico Rivera on Rosemead Boulevard, after his bike hit a Toyota Camry. The 21-year-old Deputy was wearing a helmet and was riding with his younger brother when he was hit by a 75-year-old woman. According to local traffic analysts, the stretch of Rosemead Boulevard where the accident occurred has long been notorious for motorcycle and auto crashes.

Zaldivar passed away at LA County USC Medical Center from numerous traumatic injuries. His younger brother was treated and released with only minor injuries. The day after the accident, dozens of mourners from the area and from Zaldivar’s Department, paid tribute to the fallen motorcyclist.

Unfortunately, Zaldivar’s tragedy is all too common on California’s roads. Innumerable factors go into every motorcycle accident. And it is too soon to determinate precisely what went wrong in this case. However, analysts at the Motorcycle Safety Foundation, The California Highway Patrol, and other independent groups, concur that poorly maintained or under-performing bikes contribute to a sizable percentage of bike accident fatalities.

In these types of accidents, aggrieved claimants may be able to hold certain parties liable for injuries and damages. For instance, a motorcycle dealer who sells a lemon motorcycle to a customer -- who then crashes as a direct result of a bike’s poor, lemon-like performance -- can potentially be held liable for medical bills, pain and suffering, wages lost and some legal expenses.

If you think that your injuries or a loved one’s injuries were caused by a lemon motorcycle, call experienced California lemon law attorney Howard Silver at 866-49-LEMON.

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Motorcycle Lemon Law

Bookmark:

The California Department of Motor Vehicles has developed in a report a series of steps you need to follow when you purchase a used car from a private party. Normally, these tasks would be taken care of by the car dealership, but in a private transaction you have to look after these details yourself in regards to California lemon law and certified pre-owned vehicles.

10 Days to Transfer Ownership
Within 10 days of the final sale, you have to file an array of paperwork with the DMV. One of the most important pieces of documentation you need is the title, also known as the pink slip. You and the car’s former owner have to sign the pink slip and have it notarized. If the car was financed, the owner of the loan must sign as well.

Once the signatures have been notarized, you need to pay a transfer fee (currently $15) and use tax (varies by county). You have 30 days to pay these fees to the DMV.

Depending on the age of the car, you may need to pay a smog transfer fee. Cars that are four or fewer years old are subject to a smog transfer fee (currently $8). If the car is older than four years, the seller must prove that the vehicle has passed the current smog certification period. Certain exceptions to this rule apply.

If the car is less than ten years old, you will also need to record the mileage on the odometer. Your title paperwork should have a place to record this information. If not, a special form must be used called the Vehicle/Vessel Transfer and Reassignment Form (REG 262). This form is obtained from the DMV and then signed by both you and the original owner of the vehicle.

Vehicles given as gifts, or transferred within families are subject to slightly different rules. Please contact the Law Offices of Howard D. Silver at 866-49-LEMON if you have questions about the legal issues involved in selling or buying used cars in California.

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: Certified Pre-Owned Vehicles , Law & Information

Bookmark:

According to a December 2008 article in the Associated Press, the Motorcycle Safety Foundation (a.k.a the “MSF”) in conjunction with the Los Angles Police Department will be summarizing and statistically analyzing bike crash data in the southern California area. This comprehensive study has been designed to advance the science of motorcycle safety.

The last study of this kind was conducted - believe in or not - back in 1981. Much has changed in the nearly 30 years since the “Hurt Study.” Back then, the average biker was in his late 20s; today, the typical motorcyclist is 42 years old. There are also millions more active bikers on the road today than there were in 1981.

Individuals spearheading the motorcycle crash causation study - including Doug Hecox of the Federal Highway Administration and Tim Buchee, the President of the Motorcycle Safety Foundation - suggest that the study will help manufacturers, sellers, and traffic engineers figure out how to reduce bike fatalities on the road and make California’s highways safer for everyone.

It is crucial that the MSF works to keep motorcyclists safe. Even though a motorcycle can be tested in crash studies for defects or other problematic issues, those who purchase a motorcycle in California may encounter defective parts due to the negligence of manufacturers or the individual or company that sold the vehicle.

If you think your motorcycle is a lemon, contact the top California lemon law attorney, Howard Silver, at 866-49-LEMON.

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Motorcycle Lemon Law

Bookmark:

For the most part, buying a car from out of state is much like the process of buying a new car or buying a used car in California, but with one big exception—the California vehicle emissions standards (the smog laws). California has tougher emissions standards than other states. Here’s what the California smog laws mean to you when you buy a new car out of state:

According to a guide report from the Department of Motor Vehicles, any new car, truck or motorcycle purchased from out of state must comply with California’s emissions standards. If the vehicle does not meet California’s admission standards, you may not be able to register the vehicle in this state.

What’s New?
In the state of California, 7,500 miles or less on the odometer counts as new. If your new car, truck or motorcycle shows this amount or lower on the odometer when you acquire the vehicle, your vehicle must meet California emissions standards.

How Do I Know if a Vehicle Meets CA Emission Standards?
Look under the hood of a car or truck. You should find an emissions sticker that will tell you whether the vehicle is built for use in California. On a motorcycle, the emissions notice may be on the vehicle frame or on the steering head (the place where the front fork attaches to the frame).

The Vehicle Doesn’t Meet CA Requirements. Now What?
You can replace the entire emissions system in the vehicle with a system that does comply with CA standards or you can look at another vehicle.

Continue reading " Buying a Vehicle Out of State? What California Car Buyers Need to Know " »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Law & Information

Bookmark:

First time buying a used car? The California Department of Motor Vehicles has created a very nice guide in a report that lists what you need to know before you sign a contract with a car dealer. Here is a summary of the important points:

Research the Value
In an effort to avoid being a victim of used car fraud in California, research the market value of the vehicle before you commit to buying a used car. The Kelley Blue Book is one of the most valuable resources for a used car buyer. Double-check the sticker price against the Blue Book and compare prices from several dealers.

Comparison Shop for Interest Rates
If a car dealer is offering financing, compare interest rates with other lenders. A couple of point difference in the interest rate can save you a bundle over the life of the car loan.

No Cooling Off Period…Unless You Purchase One
Used cars sold by a dealer for less than $40,000 must come with the option to purchase a two day cooling off period (a Contract Cancellation Option Agreement). This option only applies to sales of used cars for less than $40,000. Buying a new car? Doesn’t apply. Buying from a private party? Doesn’t apply. Buying a motorcycle? Doesn’t apply.

Continue reading " California Guidelines on What You Need to Know When Buying a Car " »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Law & Information , Used Car Fraud

Bookmark: