Finance Tips

The recorded statement is a guarantee step in the claim investigation process.

Insurance adjusters will be calling you to ask if they can take your statement about the accident. Many people believe that they have to give these statements so the insurance company provides coverage for the loss. Most insurance companies have Cooperation Clauses in them, but none of them can require you to give a recorded statement in the event of a car accident.

You have the constitutional right to remain silent and to not testify against your own person. Even in murder trials, the right to no self incrimination is respected. The concept carries over to car accidents. No one can bound coverage and require you to be in a recording giving testimony of facts.

Taking a recorded statement is entirely voluntary. Do not let the insurance company tell you otherwise. If they tell you that the cooperation clause in your policy says that you must cooperate, then you can tell them that you will cooperate by giving a verbal statement (same statement just not recorded).

The cooperation clause is just that, a clause that requires you to help the insurance company’s investigation. It does not say that you have to do it under a recorded statement. If they are too pushy, then ask them to put their requirements on writing and verify what they are telling you against your actual policy.

Benefits v. Harms of a Recorded Statement

The benefit is that your insurance company will be able to better document your file. If there is a dispute about fault, and your case goes to arbitration, the arbitrator will probably look at a file with a recorded statement as having better evidence than a file without one. I have seen arbitrators decide that one person’s version of events was “more convincing” because she/he was willing to put their words in a recording.

The harms of giving a “bad recorded statement “could be many, delay in the investigation for something that you said that could bar coverage, complete denial of coverage, fault being construed against you, interpretation of your words against you, etc.

If you think that giving a recorded statement is the right thing to do, then consider only giving it to your own insurance company. If the other party’s insurance carrier asks for a recorded statement, have them contact your insurance company and “share” a copy of the tape. This way you only give one statement, and the people questioning you is your own insurance company (the one protecting your interests).

Here are the best 10 tips of what you should do before you give a recorded statement:

1. Make sure you have time to talk. Secure at least one hour of your time.

2. Make sure is time that work s for you and the adjuster’s. Do not do it before the adjuster’s lunch time. They will rush you to get out of the tape without giving you a chance to fully explain your point of view.

3. Have all the information available in front of you. For example, Names, streets, insurance polices, and the police report if possible.

4. Read your police before hand. This way you will know why the adjuster is asking what they are asking, and see if they are trying to find information to deny your claim.

5. Tell the adjuster that you are willing to give the statement only if they give you a transcription of what you said. Make sure you say this on the tape.

6. Remember that you can decline to answer any question for any reason at anytime. Just say it. I decline to answer for personal reasons.

7. Tell the adjuster that you will also record the conversation. This usually puts them in their best behavior.

8. Answer only what they asked you. If the question is what color is the light? then answer should be a color and nothing more.

9. If the question is subjective, decline to answer, tell them that you do not know, or simply just ask the adjuster what they are looking for specifically.

10. Be polite and respectful. If they are rude or anxious, the adjuster’s supervisor will probably side you. But if you are rude, your complaint will be dismissed.

Drive safe and hope that others will!

Divorce can be a very traumatic, emotional, and unsettling time for the parties involved. Therefore many require the services of an experienced divorce lawyer, to help them navigate the process.  A Denver divorce lawyer is well equipped to provide the necessary direction and advice relating to alimony, child support, the division of property, visitation rights, healthcare, and similar issues.

Essentially, a divorce is the dissolution of a marriage, although common law unions are also legally recognized in Denver.  Divorce is an event which sees a couple ending their union and dividing property, and income. Also, a decision has to be made with regard to spousal support, especially if children are involved. It must also be decided how the children will be raised, and who will be the primary parent.  Because there is so much at stake, it is important to have the services of an experienced Denver divorce lawyer.

A Denver divorce lawyer is necessary for several reasons.  A lawyer will ensure that you know what your options are, and negotiate a fair settlement under the law.  Should any problems arise, a lawyer will have the knowledge, competence, and experience, to suggest workable solutions.

They are therefore able to use their mediation skills, to arrive at an acceptable outcome.

A lawyer can also be an arbiter if there is a breakdown in communication between the parties involved.  If arbitration fails to resolve the issues, then litigation might be required if the parties are unable to move forward.  For the parties that end up having to go to court, it is important to have a Denver divorce lawyer that is experienced in courtroom divorce hearings.  That is one sure way to guarantee that your interests are well represented.

Having a Denver divorce lawyer can also lessen the possible financial burden that a divorce can cause.  Oftentimes divorce settlements can drag on and on, but a lawyer will help to ensure that the matter is settled within a reasonable period of time.

The lawyer’s expertise can end up saving you money, as they can suggest ways in which the matter can be settled without your having to expend significant financial resources.

Some divorces are more complex than others, and these often require the input of a Denver divorce lawyer that can easily grasp those complex issues and suggest solutions.  A complex divorce can involve valuation and tax considerations that can be quite problematic.  Resolving the issues, often necessitates a clear understanding of the laws that govern divorce in Colorado.  In addition, it is often necessary for a lawyer to simplify matters to a level that both parties can understand, and agree on.

Generally, both parties want a divorce to take place speedily, with minimum disruption and pain.  With a Denver divorce lawyer handling the case, this can be achieved, as they are licensed to counsel couples, and ensure that the divorce is dealt with in a professional, and uncomplicated manner.  They are usually very concerned about ensuring that the inevitable divisions are fair and equitable.

So…what exactly is an automobile “lemon law”? These are laws designed to protect consumers and allow them to get a refund or a similar replacement automobile when their car initially turns out to be much less than expected or advertised. The general definition goes something like this: A lemon is a car that doesn’t operate reasonably within the period in which it has been owned.

Question that come up often include “do lemon laws cover used cars” and “do lemon laws cover leased cars”? The fact is, most lemon law detais depend on the state you live in. Your best order of business when it comes to lemon laws is to contact your state attorney general’s office and ask a lot of questions. Here are a few you might begin with…

What’s the maximum miles and/or number of years allowed from date of purchase?

Is there a maximum price allowed per vehicle?

Are motorcycles and off-road vehicles covered?

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Are only certain parts of the vehicle covered?

Are private sales covered?

Are used cars covered?

Are leased cars covered?

Are cars purchased at auctions covered?

Can a dealership limit your lemon law coverage?

How is the lemon law warranty transferred?


So, what steps should I take if in fact I qualify under my state’s lemon laws? Some general steps might include first attempting to resolve the situation with the dealer or party who sold you the vehicle. Next you might want to contact the manufacturer or its representative directly. Make sure if you contact them by mail you send it certified so you’ll have records of all your dealings. Keep detailed paperwork of everything you do. The next step would probably be to pursue arbitration. Typically you can purse arbitration if you meet the following requirements:
The specific problem is covered by the manufacturer’s warranty


You have notified the manufacturer directly about the problem


The problem substantially impairs the use, value, or safety of your vehicle


The problem has not been satisfactorily repaired


The manufacturer has an arbitration program


Pursuing lemon laws can be arduous if not handled properly. That’s why it’s important to ask as many questions as you can. The laws after all are designed to protect the consumer. Quite often, your state attorney general will have a government website detailing what is and isn’t covered under their lemon law and what action you can take as a consumer. It’s very important that you act fast though if you feel like you’re in the middle of a potential case because all lemon laws come with their own time and mileage limitations.

Family matter is very fragile, especially when the keeping of children is concerned into the legal battle of separation. In order to make sure the safety of your kids and the light decision of your case you would want the Good family attorney. Before you go in front, first, make a decision those exact services you would need from your family lawyers. Determination you require him/her to get completely concerned in the case come again are all the option obtainable by the dissimilar ones in your catalog Are they charitable you alternative to explain the case, or are they leaving for just arbitration Are you eager to economically exert yourself to get the best family attorney, or are you dealing by means of a friendly divorce allowing you to let go over fee issue

Anywhere to hit upon The Best Family Attorney

The best family attorney can be found through Lawyer Referral Services, the Internet, ads and listings, or through the word of mouth.

The American Bar Association provide list and web relations to legal representative referral services, where you will discover all the attorneys register in each situation. On the Internet you determination have to look for different site with relations to little and big agency or you might try popular websites like familyattorneysaustintexas.com  or. Ads and listing on the other hand will give you an enhanced idea on what the attorneys concentrate in and what they sense to be their strength.

Amongst all these investigate method the word of mouth will assist you to take the last choice. Ask friends or relations that have before used the services of a relations divorce attorney for instance. From their skill you will be able to moderator if you are relating to hire the best family legal representative, or just an average one.

Ask them how they establish their family attorney and whether they are fulfilled with the consequences.

What to Look For

The best family legal representative will be the one who will be expert as well as expressively helpful. You be supposed to be able to speak at ease with them and feel confident that they will be able to stand for you in court. Good message between the two of you be supposed to be necessary and you must also be able to belief the family law attorney’s faculty to say in legal terms your needs and concern. Your attorney be supposed to by now have knowledge with similar cases and be supposed to be able to give you a diversity of facts of other cases they power have deal with to win the box

If the neighbor’s Pekinese decides to scare off bad guys at 2:00AM in the morning, and does this every night, and you can’t persuade your neighbor to correct the situation, perhaps mediation or arbitration is the answer. After all, going to court seems a bit much, and committing crimes against the little is probably counter productive.

I say this by way of introducing the fact that your long battle against the Fords or Mercedes’ of the world isn’t at all like getting the neighbor’s lap dog to be quiet. There are situations where arbitration or a dispute resolution process is entirely appropriate. However we want to say it right up front, after over four thousand five hundred lemon law cases we have almost never seen a case where the vehicle owner benefited from arbitration with a manufacturer.

It is an unequal battle that is but one step in a long war. The outcome is inevitable. To engage in this war is equivalent to a middle-aged, non-athletic accountant, dedicated to ribs and beer stepping into the ring with the young Muhammad Ali. You won’t even see that sweet left hook coming. Everything is on the side of the manufacturer.

Sun-tzu in the “The Art of War” wrote, “Generally in warfare: if ten times the enemies strength, surround them; if five times, attack them; if double, divide them; if equal, be able to fight them; if fewer, be able to evade them; if weaker, be able to avoid them.” I hate to be the one to break the news but consumers very definitely fall in the latter two categories. Consumers going into arbitration have fewer soldiers and are certainly weaker.

In California two things level the playing field. A strong lemon law – the Song Beverly Act – and very experienced lemon law attorneys. We should have these things, after all California has more cars on the road than any other state.

Lets look at a definition of Arbitration: “The process by which the parties to a dispute submit their differences to the judgment of an impartial person or group appointed by mutual consent or statutory provision.” With very few exceptions you can forget impartial and mutual consent.

If Saddam Hussein offered to arbitrate detente between Islam and Israel, I for one would have problems with the impartiality of his decision. Mr. Hussein will never be found on the moral high ground. Arbitration can be similarly unequal. Fairness, equity and the proper application of the law are what should occur in arbitration. If you want the consumer to accept arbitration that is sponsored by an automobile manufacturer, or where the arbitration organization receives most of its business from automobile manufacturers, then I give you the same answer Israel would give Saddam. “Forget it! Not on your best day, sport!”

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There are other factors that unfortunately work against arbitration being an equitable solution for consumers with car lemon law.

Training

Professional arbitrators are not necessarily trained in the lemon law, in fact it is far more likely that they have no training in the subject at all. Arbitrators are rarely judges or lawyers. Generally the arbitrator is trained in so-called people skills, how to negotiate and perhaps a smattering of legal knowledge. This is a subject area where a little knowledge is very definitely dangerous. Perhaps the arbitrator imagines he or she can get by on common sense and honesty. If it were true the consumer would seldom lose a case.

Are consumers properly prepared for arbitration?

How could they be, even if they read the Song Beverly Act, or anything else? Even with all the facts, consumers don’t know what to expect. Consumers aren’t all lawyers. The manufacturer will send a lawyer trained to handle this sort of thing. The manufacturer’s lawyer may lie; that’s correct, lie. There’s not much consumers can do about that except feel miserable. Whether the manufacturer s representatives lie or not, they will present a blizzard of bizarre possibilities, all designed to confuse and dilute the consumer’s case.

Is arbitration binding?

There is light at the end of this particular tunnel, however. In California, arbitration is not binding; it’s just another waste of time. When the ruling is handed down, and the manufacturer is permitted another repair attempt, consumers need not comply, consumers can get a lemon law attorney and put an end to the endless games manufacturers play.

Cost

Even if the arbitration is paid by the state, what is often ignored is the lost time from work, expenses for experts where expenses are required, copying, and running around to get copies of missing paperwork. Then there is the time spent preparing an oral argument, trying to figure out how to answer the manufacturer’s defenses. Of course, if the manufacturer runs the arbitration, this is no arbitration at all.

How long does it take?

If consumers get this far they have often been trying to get the dealer/manufacturer to do something about their car for many months, even years. Arbitration adds another 30-90 days onto to the process. If the car is dangerous to drive what do consumers do? Are they supposed to endanger themselves and their families in an attempt to finally get the problem resolved? Should they do this, especially when there is a better than even chance that more delay will be added into the process by awards of additional repair attempts? This is hardly a fair and equitable solution to the problem.

A little known fact

All major vehicle manufacturers have networks of dealerships all across the country and even the world. Manufacturers enter into contracts with dealerships. These contracts affect every aspect of sales, maintenance and repair of their vehicles. More frequently than the public ever discovers, there are disputes between dealerships and manufacturers. Dealerships want uniform arbitration procedures and laws to help them deal with these disagreements. Guess who fights any sort of arbitration with dealerships? Exactly! The manufacturers. And yet, the manufacturer touts the benefits of the arbitration/dispute resolution process when it comes to consumers. What’s wrong with this picture?

Remember, if the manufacturer wants arbitration, it’s not good for the consumer:

Arbitration does not take place on a level playing field. At Norman Taylor & Associates we have seen enough cases to know this. The two sides have very different goals. Consumers simply want vehicles that work as advertised. The manufacturer does not want to give consumers a refund or replacement for their defective car and then be stuck with a vehicle that is worth half its current value, and may be impossible to fix or to sell.

From the manufacturer’s point of view they have every incentive to make the entire process so difficult that consumers will give up and go away. Don’t do it, Mr. and Mrs. Consumer. With professional help you can prevail. Absolutely nothing beats winning a hard fought battle when you are right.