Category: Uncategorized

What is Auto Repair Fraud?

It is a common concern for consumers to be scammed by repair shops and dealerships when they take their vehicles in to get repaired. Consumers lose millions of dollars each year for unnecessary car repairs. It’s very easy for a mechanic to persuade a car owner that unnecessary repairs are needed, because a lot of people simply don’t know that much about their cars. In most cases, consumers are not aware that they are being cheated. They simply want their car to run smoothly and without issues; repair shops take advantage of this in many ways including adjusting charges. Sometimes a repairman may offer a reasonable estimate, but when completed the final bill is much higher than the initial estimate. They may claim it is due to additional service fees. Some may even intentionally leave the estimated amount blank when signing a repair authorization. However, they will then go back and change it when the work is done. In addition to raising prices and suggesting needless repairs, mechanics often times do little to no work on the car and charge consumers full price, even though they have not repaired the vehicle. Repair shops and dealerships also occasionally install used, rebuilt or reconditioned parts.

How to Report Auto Repair Fraud?

Unfortunately, some repairmen do not always have your best interests in mind.  Not only does the quality of work vary, but so does the quality of people and the level of customer service. If a consumer thinks that he or she has been a victim of an auto repair scam, a report should be made to the state attorney general’s office, to the local consumer protection agency, and also to the Better Business Bureau.  Gather up all paperwork, receipts, work orders, written estimates and warranty information from the repair shop. The more documentation the consumer has the better.

If a consumer believes he or she was cheated by an unethical auto repair shop, the consumer has the right to sue to recover what was paid, any other costs related to the repair, attorney fees and more. The experienced attorneys at Darfoor Law Firm want to help you receive compensation for your trouble. Contact Darfoor Law Firm for a free consultation and to determine whether you are a victim of car repair fraud/scams at 1-833-DARFOOR. 

Do you suspect that you have you been a victim of auto repair fraud in the past or suspect something fishy? If so, please leave a comment our Facebook page. We look forward to receiving your feedback.

Auto dealer fraud describes deceptive and unlawful practices used by automobile dealers, at almost any stage of the vehicle purchase process, from advertising, to negotiation of vehicle pricing and financing terms. Examples of auto dealer fraud include “bait and switch” advertising practices, deceptive inflation of vehicle prices, and failure to disclose information about a vehicle. Identifying auto fraud is tough, and proving it is even more difficult. When taking legal action for auto fraud the consumer must prove the dealer misrepresented or omitted material facts, the consumer suffered a financial loss and the consumer would not have bought the vehicle if they had known about the material facts at issue.

In addition, the consumer must be able to identify and prove the fraud in question. There are many clues that help to identify auto fraud, which require the consumer to do their own research, beginning with a physical inspection of the car. Evidence of a car’s history can sometimes be uncovered through documentation found on or in the car itself, such as stickers which document prior repairs, oil change or inspections. Buyers should also investigate their documents including the new title as well as repair documents. A car’s tires may also offer clues in uncovering a fraud. Tire match and age are an indication of a car’s true mileage and salvage history. Non-original or mismatched tires on a car with odometer readings under 30,000 miles are suspicious because such a vehicle should have the original tires and all tires should match.

A vehicles VIN also occasionally helps uncover fraud and is one of the easiest things to check. Any discrepancy between the VIN number found on the vehicle documents and the number printed on the car’s metal plate should raise suspicion. If the VIN numbers match, the VIN can still help with a consumers investigation because it specifies basic information regarding the vehicle including its year, make, model, engine size and place of manufacture. Odometer fraud is one of the more common types of auto fraud we see, luckily there are methods to identify odometer tampering. In some cases the odometer will begin to show strange readings which should make drivers suspicious. If the driver does not experience this, they have the option to check the odometer history with a franchised dealer. If a consumer believes they are a victim of inflation, they are able to us car pricing guides (Kelley Blue Books, Red Books, etc.)

At Darfoor Law Firm, we can help you navigate the law and protect your rights. We will review your case and provide professional legal options and any compensation you may be entitled. Contact Darfoor Law Firm at 1-833-DARFOOR for a free initial legal consultation to discuss your case.

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What is VIN fraud?

According to the Department of Motor Vehicles, VIN fraud is “the act of replacing or altering a vehicle identification number  in order to mislead consumers or law enforcement.” This often occurs in conjunction with vehicle theft, in which the vehicle is then sold directly to someone else, though there are instances in which used car salesmen commit VIN fraud. The two most common types of VIN fraud are VIN cloning and VIN altering. VIN cloning consists of taking an entire VIN from a legally registered vehicle, while VIN altering is the changing of one or more characters of a VIN. Both offenses are meant to mislead potential buyers and law enforcement.

What are the consequences and how can it be avoided?

VIN fraud is a serious issue that can affect anybody who doesn’t have the foresight to get a vehicle history report prior to making a purchase. Tampering or removing a VIN, or cloning a VIN from one vehicle to another, is a felony offense with serious repercussions. If you buy a stolen vehicle, even if you can prove you didn’t tamper with the VIN yourself, you may lose your car. Other dangers of VIN fraud include the possibility that a cloned vehicle was registered before the legitimate vehicle and the burden of proving to law enforcement that you were not involved in the cloning of a VIN. The Federal Bureau of Investigations explains, “if your vehicle is the victim of car cloning, you could be accused of a variety of offenses, from parking tickets or cutting somebody off in traffic, to serious criminal activity like organized crime. And you could spend a great deal of time and money trying to prove that it wasn’t you or your car after all.” Thankfully, there are precautions to take to avoid VIN fraud such as, having a certified mechanic inspect the vehicle prior to purchase, inspecting all title and ownership documents, obtaining a detailed used car history report and performing a VIN check.

It is recommended that you seek counsel and advice from an attorney who can help you in the event that you are a victim of VIN fraud. The advice of an attorney is key to holding someone responsible for VIN fraud as well as proving that you were not involved. Our firm can provide you with legal research and guidance for your case. Give us a call today at 1-833-DARFOOR for a free consultation regarding your rights.

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Yo-yo transactions, also referred to as spot-delivery, take back, MacArthur or gimme-back transactions are one of the most widespread automobile dealer abuses today, applying to new and used car sales and automotive leases. In these cases, consumers believe that a vehicle’s installment sale or lease is final, and the dealer gives the consumer possession of the car “on the spot.” The dealer later demands the consumer to return the car because of financing issues. Upon returning to the car dealership, the salesperson claims that the consumer did not qualify for financing, though they can still process the deal at a higher interest rate or with a larger down payment.

Dealers insist that the consumer is bound by an agreement, although they feel free to back out of the deal if the consumer does not agree to the unfavorable terms. If the consumer does not return the vehicle or agree to rewrite the transaction on less favorable terms, the dealer repossesses the vehicle and, in some extreme cases, has the consumer arrested if the consumer does not return the car.

If you have been scammed by a dealer, it is recommended that you call the bank that allegedly turned down your financing to verify if that is the case. More importantly, the paperwork must be reviewed to determine whether you bought the car or not. If you did buy the car, the dealer must honor the terms on the legally binding contract signed by the consumer. If the consumer did not buy the car, they can return the vehicle for a refund of the deposit and a return of any trade-in.

Buying a car is typically a great experience, though there are dealerships that will take advantage of hopeful consumers. If you suspect that you entered a yo-yo deal, you may be entitled to collect legal fees and punitive damages.  Contact our auto fraud lawyers at Darfoor Law Firm at 1-833-DARFOOR for a free case review.

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What is PIP?

PIP stands for personal injury protection, and it is an extension of car insurance that covers medical expenses and, in many cases, lost wages. It is often called “no-fault” coverage because its inherent comprehensiveness pays out claims agnostic of who is at fault in the accident. According to the Florida Office of Insurance Regulation the intention of PIP was to “provide injured drivers up to $10,000 in immediate medical coverage in lieu of establishing fault through the court system. The goal was to reduce payment delay for injured drivers, as well as limit the utilization of the court system.” In Florida, PIP coverage is required to be purchased by all owners of motor vehicles registered in this state. PIP coverage makes the individual responsible for their own injuries in an accident regardless of fault.

Benefits of PIP

Pip covers a variety of benefits including medical, disability and death. Under a basic Florida PIP policy, insurance companies are required to reimburse 80 percent of all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services, including prosthetic devices and medically necessary ambulance, hospital, and nursing services although there are limitations on the services and care that will be reimbursed. Also, if you have been injured in an auto accident and your injuries are preventing you from working, then you have an eligible claim for lost wages. In the event that death is a result of an auto accident, PIP covers up to $5000 of death benefits per person. Death benefits are in addition to medical and disability benefits, as one may acquire a large sum of medical bills prior to death.

Filing a Claim

Florida has strict rules to follow when filing a claim for PIP. The most important is that treatment for any injuries must happen within two weeks of the car accident to be eligible for PIP reimbursement. Your claim will not be accepted after 2 weeks. If you are having issues with your insurance company or facing difficulties with your case, it may be a good idea to get a personal injury lawyer to ensure you get your payment. For the work loss benefits, you will need to submit a “Wage and Salary” verification that is filled out by your employer. The verification documents your wages in the 13 weeks prior to the accident.

It is recommended that you seek counsel and advice from a personal injury attorney who can help you in these circumstances. Our firm has extensive experience in representing personal injury victims and can provide you with legal research and guidance for your case. Give us a call today at 1-833-DARFOOR for a free consultation regarding your rights under Florida law.

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What is battery?

Most personal injury claims are filed over accidents such as car crashes or slip and fall situations, but in some cases the action that caused the harm is intentional. Battery is an example of an intentional tort, in which the victim typically sues the offender, requesting compensation for injuries, as well as other damages that resulted from the incident. In Florida, the term battery refers to “any actual and intentional touching or striking of another person against that person’s will or the intentional causing of bodily harm to another person.” In cases regarding battery, physical contact is required, but direct contact is not.

You are a victim of battery, now what?

If you are a victim of battery in Florida, you can file a personal injury claim against your attacker and receive a compensation for the damage caused. You can also press charges, causing the offender to face criminal consequences. There are several elements that must be present if you plan on seeking compensation from an individual for battery, such as, proof that you did not consent to the contact, the contact was offensive or harmful and the contact was intentional. It is decided that an action is intentional if the defendant intended to strike the person or engage in conduct where he or she knows that a touch or strike “is substantially certain to result from the acts.” Battery and the resultant harm may be exemplified in several legal ways; direct and immediate (offender pushes victim), indirect and immediate (offender throws an object and hits the victim) and indirect and remote (offender sets a booby-trap for the victim).

It is recommended that you seek counsel and advice from a personal injury attorney who can help you in these circumstances. The advice of an attorney is key to holding someone responsible for damages caused intentionally, and to assist in the collection of any judgment awarded. Our firm has extensive experience in representing personal injury victims and can provide you with legal research and guidance for your case. Give us a call today at 1-833-DARFOOR for a free consultation regarding your rights under Florida law.

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Ethics is defined as “moral principles that govern a person’s behavior or the conducting of an activity.” A person’s ethics is typically determined by their actions, which are a representation of what they consider right and wrong. Recently, attorney Aaron Schlossberg exposed the world to unethical behavior, as he went on a racist rant in a New York City restaurant. Schlossberg was angered by the fact that an employee was speaking to a customer in Spanish and stated, “Your staff is speaking Spanish to customers when they should be speaking English. Every person I listen to. He spoke it, she’s speaking it. This is America.” A large part of participating in ethical behavior is having respect for others, which Schlossberg showed he clearly lacks. Schlossberg’s discomfort with hearing Spanish spoken by employees led to his disruptive outburst, not only insulting Hispanics but threatening to call ICE to have them kicked out of “his country.”

The Importance of Ethics

The concept of ethics becomes difficult in relation to professionalism. Professionals are typically held to a higher ethical standard than most, particularly in a law profession. Professionals are expected to make judgements and maintain the integrity of not only themselves, but their company and profession. Although there are unethical actions that are not illegal, these actions can reflect one’s immorality. Legal trouble can be the least of your worries, especially when dealing with careers that are focused on providing services for others. People want to work with those that portray integrity, self-control, reasoning abilities and most importantly respect for themselves as well as others. Exhibiting a lack of ethics causes one to lose their credibility with others, greatly affecting relationships.

Ethics is a requirement for human life. It is our means of deciding how we live our lives and the course of action we will take. Without ethics, people would lead lives randomly and aimlessly. To the degree which a rational ethical standard is taken, we can correctly manage our goals and actions to accomplish our most important values. Any imperfection in our ethics will reduce our potential to be successful in our endeavors.

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Highways, expressways, neighborhoods, major traffic areas and up and coming cities are often undergoing construction. Although there are areas in which repairs rarely occur, often there are multiple construction zones at any given time. According to the National Institute for Occupational Safety and Health, each year nearly 100 workers are killed and more than 20,000 are injured in work zones. About half of those deaths are the result of traffic-related injuries. Often, construction zones require limited use of lanes, changes in speed, detours, traffic congestion and the presence of people and equipment. These elements, among other altered road conditions, pose a risk to the lives of both construction workers and drivers, causing construction zones to be associated with a higher number of accidents. In addition to modified road conditions, other factors increase the chances of a construction zone accident, such as larger zones, big cities and severe weather.

According to the Centers for Disease Control and Prevention, the two largest hazards in construction zones are the passing of motor vehicle traffic along the perimeter of the construction and injury to workers during the movement of construction vehicles and equipment within the work zone. The injuries obtained in a construction zone may be due to another driver or the government or construction company. Such individuals may seek damages against the negligent party. Medical expenses, lost wages, property damage, loss of limb or disfigurement, pain and suffering and the cause of disability in others are all potential financial payouts required by those liable. The government or a construction company bears liability if there are inadequate warning signs or faulty equipment. If a worker is involved in an accident and their employer is insured, these claims allow them to file for workers compensation benefits. If a driver causes the accident, the worker may be entitled to compensation to damages through a personal injury claim.

If an unsafe work zone or any type of road construction has caused you to be the victim of a car accident or if you are a construction worker that has been injured on the job, seeking the advice of an experienced personal injury attorney can help to ensure your rights and interests are protected. To contact a construction zone accident attorney for a free consultation about the circumstances of your accident please feel free to call Darfoor Law Firm at 1-833-DARFOOR.

Mass transportation is defined as, “the means or systems used to transfer large groups of individuals from one place to another.” Public transportation accidents include crashes involving airplanes, buses, trains, the subway, cable cars, taxis, cruise ships and planes. Because they so often involve injuries to multiple passengers, these mass transit accidents can be devastating. The most common cause of accidents involving public transportation involve negligence, which include speeding, failure to observe traffic signals, driver fatigue, faulty vehicle maintenance, slow reaction to emergencies and driver impairment. Mass transit is usually associated with public transportation rather than private use. Due to this public element, mass transit accidents can involve unique liabilities.

There are several ways in which mass transit accidents differ from typical accidents, many regarding the strict standards required for mass transit services. Mass transit vehicles, such as trains and buses, have rules specifically intended to manage operation. For example, buses have rules that specify necessary actions depending on the situation, such as the requirement to stop at all railroad crossings. Also, many operators require specialized training and/or licenses prior to operating a vehicle. In the event of a mass transit accident, the city, county or state, as well as the operator of the transit vehicle may be liable for medical bills, lost income and pain and suffering. Cases against government agencies are handled differently, as the claims procedure is generally longer, while the statue of limitations is shorter. Mass transit accidents are also very costly. The National Safety Council has estimated the average costs of fatal and nonfatal unintentional injuries due to mass transportation accidents. The estimated total cost of a large mass transportation accident; in which death occurred is $105,750,000, in which nonfatal disabling injuries occurred is $7,890,000, in which only property damage occurred is $1,335,000.

Mass transit accidents and injuries can be serious and can involve many people and various parties. If you or a loved one of yours needs legal representation for a mass transit accident claim, contact mass transit attorneys at Darfoor Law Firm. Our firm has extensive experience in representing personal injury victims and can provide you with legal research and guidance for your case. Give us a call today at 1-833-DARFOOR for a free consultation with a Florida mass transit accident attorney regarding your rights under Florida law.

Pedestrian accidents are very common in the state of Florida, partly due to our great weather and year-round outdoor lifestyle. Therefore, under Florida law, both motorists and pedestrians are required to take precautions to avoid collisions. According to Florida Statutes Section 316.130(15), “Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.” Although many believe motorists are always responsible for pedestrian accidents, pedestrians can be held completely or partially at fault for causing an accident. Similar to laws that apply to motorists, under Florida Statutes Section 316.130, pedestrians have a specified list of laws they must obey.

According to Florida’s Integrated Report Exchange System, there have been 3,177 pedestrian crashes statewide, within the first five months of 2018, 231 of which are fatalities. Pedestrians who have been seriously injured in a car accident often face a vast number of obstacles, beginning with expensive medical bills. There are also victims that may require rehabilitation or physical therapy. The numerous outcomes of a pedestrian accident can lead to loss of income or lifestyle changes. In any case, whenever a life has been devastated in any way due to someone else’s negligence, the liable party should be held responsible for injury and damages caused.

Pedestrians in Florida are often injured by motor vehicles whose drivers act recklessly or negligently. If you are a pedestrian who has been injured in an accident with a motor vehicle in Florida, contact Darfoor Law Firm. Our firm has extensive experience in representing personal injury victims, including victims of pedestrian accidents. Give us a call today at 1-833-DARFOOR for a free consultation regarding your rights under Florida law.