what kind of attorney for auto fraud

Full Answer

How to deal with auto insurance fraud?

• Car insurance fraud can take many forms, from omissions on an application to filing false or exaggerated claims
• Insurance fraud can be perpetrated by policyholders, other drivers, and even unscrupulous mechanics
• The consequences for car insurance fraud vary, from denied claims and dropped policies to fines and even jail time

How to recognize auto fraud?

• Stealing cash
• Skimming (not registering a sale and pocketing the cash)
• Return fraud (an employee colludes with someone else to return goods fraudulently for a refund)
• Any other scheme that involves the removal of hard currency

Can you sue a lawyer for committing fraud?

What constitutes advice and opinion is still being determined by the courts. Clearly, an attorney could still be sued for the actions described above, but there are still questions about how much further the exemptions extend. Attorneys may also be sued for committing fraud on their clients.

How to report and identify auto insurance fraud?

What to Do if You Become a Victim of a Scam

• Alert Your Insurance Agent. James Quiggle, director of communications for the Coalition Against Insurance Fraud, urges people to report suspected fraud.
• Document Everything. Collect detailed records to confirm your account of what happened. ...
• Report the Scam. The NAIC and the NICB, among other organizations, also collect reports of fraud. ...

What is it called when a car dealer lied to you?

The dealer was clearly not being truthful with you. This is illegal. It is unlawful and is known as fraud or misrepresentation. You are protected under consumer law and can choose to file a lawsuit with the help of an auto fraud attorney.

What is automotive fraud?

Auto dealer fraud describes deceptive and unlawful practices used by automobile dealers. This type of fraud can occur at any stage of the vehicle purchase process, from advertising to negotiation of vehicle pricing and financing terms.

How do you handle a car dealer dispute?

If you would like to report a problem or dispute you have with a motor vehicle dealer, contact the DMV, Division of Investigations, or file a complaint online. DMV Record of Complaint Form.

Can I sue a car dealership for lying in Texas?

Texas consumers can use both the Federal Odometer Act and the Texas Deceptive Trade Practices Act to sue dealers in cases of odometer fraud. Other forms of auto fraud include spot delivery scams, incorrect credit scoring and failing to disclose a new vehicle's damage history.

How do I sue a car dealer in Florida?

The Consumer Services Division Hotline is 1-800-HELPFLA (1-800-435-7352). All other complaints against license Florida dealers should be filed with the Department of Highway Safety and Motor Vehicles at the regional office responsible for the dealership.

Is there a lemon law in California for used cars?

California's lemon law for used cars protects a buyer who has purchased a used car, under warranty, that is defective or cannot be repaired after a reasonable number of attempts. You must have bought the vehicle from a dealer or retailer, not an individual.

What can I do if a car dealer ripped me off?

File an official complaintIf you have concerns about false advertising, you can report the dealership to the Federal Trade Commission.If there was a problem with your contract or your loan terms, report the dealer to the consumer protection office in your state.More items...•

What does the lemon law cover?

It is a law that protects consumers against goods that do not conform to contract or are not of satisfactory quality or performance standards at the time of delivery. Under the Lemon Law, businesses are obligated to repair, replace, reduce the price or provide a refund for a defective good.

What makes a car a lemon?

The specifics vary slightly from state to state but in broad terms, a car can be classified as a lemon when it has “a substantial defect covered by warranty that occurred within a certain time or number of miles after you bought the car,” and can't be fixed after a “reasonable number of repair attempts.”

Can a car dealer back out of a signed contract in Texas?

In short, yes, a dealer can back out of a contract but only during specific time frames and scenarios. Also, their opportunity to do so is brief, and you're protected by laws should they attempt to take advantage of you. When you finance through a dealer, they look for a bank or lender to buy your car loan.

What qualifies as a lemon car in Texas?

A “lemon” is a vehicle manufactured with defects. In Texas, for a vehicle to qualify as a lemon, it must suffer a defect covered by the manufacturer's warranty. Additionally, the defect must substantially reduce the car's value, use, or safety.

Who regulates car dealerships in Texas?

The Texas Department of Motor VehiclesThe Texas Department of Motor Vehicles works diligently to empower Texans with the information they need to protect themselves or resolve an issue.

How do dealers commit fraud?

Sometimes dealers commit fraud by concealing a vehicle’s damage history. If the dealer hides or lies about past crashes, damage stemming from neglect or flood damage, or knowingly provides you with an inaccurate history for the vehicle, the dealer has violated the law.

What is odometer fraud?

The National Highway Traffic Safety Administration (NHTSA) defines odometer fraud as the “disconnection, resetting or alteration of a vehicle’s odometer with the intent to change the number of miles indicated.”.

How much does odometer fraud cost?

NHTSA estimates that odometer fraud costs American car consumers more than $1 billion each year. Texas consumers can use both the Federal Odometer Act and the Texas Deceptive Trade Practices Act to sue dealers in cases of odometer fraud.

What does a dealership's loan officer tell you?

The dealership’s loan officer then tells the consumer their credit score disqualifies them from financing, or financing at a specified promotional rate. Customers either must finance the vehicle at a higher interest rate or walk away entirely. Sometimes dealers commit fraud by concealing a vehicle’s damage history.

Is it hard to buy a car?

Buying a vehicle can be difficult. Customers sometimes feel anxious about their transportation needs, and dealership sales staff often cross the boundary between bold salesmanship and illegal practices.

Is a Lemon Law Case Different from Auto Dealer Fraud?

A lemon vehicle has a defect or problem the prior owner withheld from the new owner. Auto vehicle fraud involves illegal tactics, fraud, or deceit used by an auto dealer, rather than the previous owner of the vehicle.

What are Common Types of Auto Dealer Fraud?

Auto dealer fraud can come in many forms and can involve many different types of fraudulent schemes. Some of these include:

Are there any Legal Remedies for Auto Dealer Fraud?

Auto dealer fraud can result in serious losses for the plaintiff party. In such cases, the legal remedy will typically involve a compensatory damages award that is issued to the non-liable party. The damages will likely cover the losses caused by the fraud.

Should I Consult an Attorney If I Am the Victim of Auto Dealer Fraud?

In many states, a person is required to contact the auto dealer to allow the dealer to correct the problem before they can file a lawsuit. Instead of having to do this yourself, you can hire a local consumer lawyer to contact the dealer on your behalf.

What is the Consumer Fraud Act?

The Consumer Fraud Act (CFA) prohibits fraud, deception, misrepresentation, omissions, and unconscionable commercial practices when dealers advertise or sell a vehicle to you. If you are a victim of auto fraud or unfair business practices, you may be entitled to up to three times your actual damages, plus your attorney’s fees.

What happens if a dealer charges you an amount that exceeds its actual cost?

So if a dealer charges you an amount that exceeds its actual cost, the dealer is required to refund the excess charges to you. If the dealer keeps that extra amount, it may have committed auto fraud. Misrepresenting or Not Disclosing the History or Condition of the Vehicle.

Can a used car have a lemon law warranty?

Nor may the dealer tell you there is an existing warranty if there is not. Depending on its age and mileage, the vehicle may come with a Used Car Lemon Law warranty. If so, the dealer must use the specific state-approved forms, such as the “Used Motor Vehicle Limited Warranty” to disclose the lemon law warranty.

Can a dealer deceive you about a used car?

Other Deceptive Practices Regarding the Sale of a Used Vehicle. The dealer may not deceive you about whether there are any existing warranties on the vehicle, including the manufacturer’s warranty, a dealer service contract, a third-party extended warranty/service contract, or any applicable lemon law warranty.

Can a dealer violate auto fraud laws?

Dealers can violate auto fraud laws in many ways—in their advertising, when dealing with you directly, and in their contracts. It is hard for you to know whether a dealer has violated laws against auto fraud. If you believe you have been deceived or cheated, please contact the Law Office of David C. Ricci, LLC, for a free consultation.

Can a salesperson tell you a car is in great condition?

However, the salesperson may not deceive you about the vehicle. He may not mispresent the mechanical condition or fail to disclose a known defect. The salesperson may not tell you that a car is in great condition or has no problems, if in fact the tires are bald or the brakes are shot. That is fraud, not sales puffery.

Do dealers charge junk fees?

They want you to purchase dealer add-ons, such as window-etching or GAP Insurance, because the add-ons mean more profit for the dealer. Additionally, dealers sometimes add junk fees to the contract. Dealers may not charge you fees unless your sales contract itemizes each fee and states what each fee covers.

Who pays legal fees in California?

Under the consumer laws in California, legal fees are usually paid by the dealership that breaks the law. Typically, when a case goes to trial, the legal fees are awarded by the court. If the case is dismissed or dropped, the client does not have to pay anything.

What is the California car buyer's bill of rights?

Laws in California, like California Car Buyer’s Bill of Rights, are designed to protect innocent consumers and car buyers who think they are getting a good deal when they are actually being sold a car that was in a prior accident, or a vehicle that is defective, or a contract for more than the advertised price.

Can you talk to a car dealership lawyer?

You can talk to our car dealership lawyers if you have any suspicion of being a victim of auto fraud. If you have any car dealership problems, here are some of the remedies that our attorneys can get for you.

Can you sue a car dealer in California?

In California, a lawsuit can be filed for many reasons. You should consult with an attorney if you are having a dispute with your car dealer. Here are the issues that an auto fraud attorney researches: contract does not accurately reflect the number of down payments, increase in monthly payments, the sales price is higher than the advertised price, a salvaged title, prior accidents, prior rental, existing defects, mechanical problems, change in financing and terms of the loan.

Can you get stuck with a defective car?

Car buyers don’t have to get stuck with a defective car or a bad contract. Some car dealers will tell you that the car was in perfect condition when you bought it, and hide the CarFax showing prior accidents; maybe showing that your car was rented out before you bought it.

Can you sue a dealership for not repairing a car?

Many buyers are forced to spend money trying to fix engine problems and mechanical issues after buying a defective car. An experienced auto fraud attorney will know when it is best to file a lawsuit and sue dealership service departments for not repairing a car after many attempts.

How to defend yourself against auto dealer fraud?

The best way to defend yourself against auto dealer fraud is to be a well-informed consumer. Researching the car and the dealership is a good way to become well-informed and can help you avoid becoming the victim of fraud. It's also good to read and understand any documents the dealer asks you to sign.

What to do if you think you have been victim of auto dealer fraud?

If you think you might have been the victim of auto dealer fraud, you may want to contact an attorney to discuss your legal options. An attorney can help you determine if the dealer's actions were in fact fraudulent. The attorney can also advise you on the best course of action for your particular circumstances.

What is an example of fraud in auto dealerships?

Another example of auto dealer fraud is the bait and switch. This occurs when a car dealer lures a customer to the dealership by advertising one car at a certain price, but then says that car is no longer available. Instead, the dealer uses aggressive tactics to sell a different, more expensive vehicle. A bait and switch can also occur ...

What is car dealer fraud?

Auto dealer fraud describes deceptive and unlawful practices used by automobile dealers.

How to enforce your rights against auto dealers?

One step a person can take if he or she is the victim of auto dealer fraud is to contact the dealer. In fact, many states require a person to contact the dealer and give the dealer an opportunity to correct ...

Who is liable for a defective car repair?

Some parties that may be liable for defective car repairs include: A shop mechanic; The owner of a repair shop; and/or. Vehicle manufacturers, especially in cases where a company mechanic is working under a warranty agreement. In most cases, car repair lawsuits are based on the theory of negligence.

Why is it important to have a consumer lawyer?

Since vehicles play such important roles in our everyday lives, it is important to have the help of a consumer lawyer in defective car repair situations. Car repair issues can inhibit your ability to work, take care of children and complete everyday tasks.

What is a defective repair?

A defective car repair is a repair that is improperly done on a vehicle, as discussed above. A defective product recall is different and may be caused by a car defect which is the result of the vehicle’s manufacturer.

How to protect yourself as an auto mechanic?

One important step an individual can take to protect themselves is research the mechanic or repair shop they plan to use.

What does a lawyer do in a lawsuit?

Should a lawsuit be necessary, a lawyer can ensure your rights are protected, claims are properly filed and represent you during court proceedings if necessary. A lawyer will work to provide the best possible outcome for your case.

Where to display licenses in car repair shop?

Many car repair shops will display their licenses and certifications in the shop or in the waiting room. By verifying these documents, a customer can help ensure that a qualified mechanic who is trained and capable of proper repairs will be working on the vehicle.

Can you recover damages for a faulty repair?

It may be possible to recover damages for faulty repairs. These may be even more important if the faulty repair resulted in an automobile accident. An attorney will be able to review the facts of the case and determine what damages may be recoverable.