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Alex Joseph Tramontano

Alex Tramontano’s Answers

52 total

  • Brought a certified per own 2008 Porsche cayenne (2007 model)from Porsche dealer with hidden accident history on car fax report.

    When I purchased the car, porsche dealer had provided a clean car fax history and 111 point inspection check list included clean vehicle history in order to qualify as a Certified per owned car to sell. I just found out in Oct 2013 that carfax had...

    Alex’s Answer

    I and many other avvo attorneys practice in this area. I have seen many instances of dealer fraud that look exactly like this. Most times the dealer already knows of the damage through an auction disclosure and uses a clean carfax to defraud the consumer. This can be proven through a third party subpoena to the auction company of this is the case... Contact an attorney to review the case for free.

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  • I recently bought a car, but found out the insurance is too high. Now I want to return the car, and the dealership wants

    Me to pay $2500 to return the car. Is that even possible?

    Alex’s Answer

    The answer, as with many legal questions is really "it depends" on your situation. Usually, unless you purchased a cancellation option agreement with the vehicle (usually a seperate $50 or so charge - allows you 2 full days to return) the Dealer does not have an obligation to take back the car.

    This can change for a number of reasons, however, depending what happened at the time of sale. For instance, if the purchase was somehow conditioned upon acceptable insurance rates and that was explicitly made known before you agreed to make the purchase.

    Another related reason that a dealer may need to take back the vehicle and rescind the contract is fraud by the dealer or misrepresentation of a material fact related to the sale transaction. If you feel there was fraud or misrepresentation, contact a consumer protection or automobile sales fraud attorney. Otherwise, you may want to just consider selling the car privately, and attempt to recoup any loss.

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  • My car was hit and run by a U-Haul in CA. My insurer rejected my claim. How can I effectively proceed in contesting the claim?

    My insurance would need to cover this under my uninsured motorist coverage. I am filing a police report and read that it may be beneficial to file SR-1 and SR-19 forms with the DMV. However, those forms appear to need information about the other p...

    Alex’s Answer

    The quoted language is standard and would not cover a hit and run. Uninsured/under insured motorist policies and endorsements generally do not cover hit and run accidents, those losses are collision policy losses. However, in your specific situation there may be an argument that a reasonable insured would expect coverage for a hit and run under UIM given the language on the website. Contact an insurance coverage and property damage attorney to assist you.

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  • Does my claim for diminished value on a 2011 Lexus IS250 seem justifiable?

    My 2011 Lexus IS250 was hit in August 2012 and repairs exceeded $7000. According to the repair bill, there was both structural and frame damage. The other driver was 100% at fault and repairs were carried out by a body shop in San Diego and all co...

    Alex’s Answer

    I have had success with diminished value claims in the past, hire a good expert to help you out. In San Diego I recommend he will inspect the vehicle and look at all the repair information. He will then do a report to send the insurer with the diminished value. The insurance co. will fight with you, but you can negotiate it.

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  • Dealer sold me a car with a washed out title, what can I do?

    I recently found out that the used car dealer I bought my car from sold me a car with a washed out title. My car was considered a total loss but then was fixed up to look good as new. I was not told about this when I purchased the car and there wa...

    Alex’s Answer

    I agree with the above, my law firm handles this type of suit in CA but you likely need ad IN attorney.

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    Alex’s Answer

    Your attorney should be doing the leg work to get their fees paid, even if you paid them while the work was being done. Ask your attorney about pursuing this remedy for you.

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  • Auto accident collision non-fault, need advise.

    Got in a non-fault accident. Police report mentioned the at-fault party does not have insurance so I use my own collision coverage and need to shoulder very high deductible. Out of the blue, some other insurance from the at-fault party left me a m...

    Alex’s Answer

    If the damage was bad you can have an independent appraisal done to recover the diminished value of your car too. Even if repaired by a dealer collision center, a vehicle that sustained accident, frame, or unibody damage is significantly diminished in value when you attempt to trade it in or re-sell it.

    Needing an alignment can be an indicator of frame/unibody damage. If your vehicle suffered frame damage or otherwise cannot be repaired completely you are entitled to both the cost of making reasonable repairs and the diminished value.

    Judicial Council of California Civil Jury Instructions (CACI) 3903 J
    Damage to Personal Property (Economic Damage)

    "To recover damages for harm to personal property, [plaintiff] must prove the reduction in the [item of personal property ]'s value or the reasonable cost of repairing it, whichever is less. [If there is evidence of both, [plaintiff] is entitled to the lesser of the two amounts.]

    To determine the reduction in value, you must determine the fair market value of the [item of personal property] before the harm occurred and then subtract the fair market value of the [item of personal property] immediately after the harm occurred.

    "Fair market value" is the highest price that a willing buyer would have paid to a willing seller, assuming:
    1. That there is no pressure on either one to buy or sell; and
    2. That the buyer and seller are fully informed of the condition and quality of the [item of personal property].

    [If you find that [plaintiff]'s [item of personal property] cannot be completely repaired, the damages are the difference between its value before the harm and its value after the repairs have been made, plus the reasonable cost of making the repairs. The total amount awarded must not exceed the [ item of personal property ]'s value before the harm occurred.]

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  • Does a car dealer need to disclose the amount that he paid for the vehicle?

    Special Interrogations seek response for dollar amount dealer paid for the vehicle prior to sale, is this information required to be disclosed?

    Alex’s Answer

    I assume you mean special interrogatories, and yes this is generally discoverable information if there is a pending lawsuit alleging lemon law, fraud, misrepresentation, UCL violations, CLRA claims, etc. Discovery is allowed on "any matter that is reasonably calculated to lead to the discovery of admissible evidence." One could easily imagine a circumstance where such information is relevant in a lemon law case where the dealer obtained the vehicle for an abnormally low price in the industry (on par with lemon or salvage vehicles), and claims no knowledge of the defects. The price the dealer paid could be one piece of the puzzle for circumstantial evidence of whether they knew or should have known something was wrong withe vehicle prior to sale.

    The dealer may oppose discover on the basis of trade-secret privilege or privacy, however, in my experience this is a losing argument that risks sanctions. The plaintiff, if alleging fraud and lemon law claims, can request the condition report from auction or other prior seller, any paperwork in the service or deal jackets, any repair receipts, documents filed with the DMV, etc.

    Consult your attorney or get an attorney quickly if you need help as there are deadlines in discovery after which all objections are waived.

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  • My rear end insurance claim was denied by the other drivers insurance because the driver is denying impact. what can I do?

    driver claims I merged in front of her therefore causing a collision however there is no damage to my left or right bumper. Only the middle. Other driver has no damage nor photos, witness or evidence of my cars damage. I have provided photos of my...

    Alex’s Answer

    I agree with my colleagues, if there are no injuries and you have full coverage with collision then tender the claim to your insurance company. Perhaps consider a diminished value appraisal from an independent appraiser to get the most for your car. Your insurer will go after theirs to subrogate their loss and you shouldn't have your rates go up.

    If you do not have insurance with full coverage, or there are injuries, then contact a personal injury attorney to help you file a claim against the other driver. If the damages are very low, you can consider a small claims action for amounts under $10,000.

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  • I live in California the car is registered under my father in law name . But i pay the policy insurance

    my father in law is a registered owner of the car he gets an accident but the car insurance on his car is under my name am I liable anything

    Alex’s Answer

    I agree with my colleague, more information is required about the specifics of the policy language. It may be that your father is covered as a permissive user, however, it could be that he is excluded under a clause that excludes other members of your household if he resides with you and is not listed on the policy. It may also depend what your father was doing at the time of the accident.

    Put simply there are too many unknowns and a consultation with an attorney is required. Try to consult an attorney in your area to review the policy and facts of the accident and assist you in tendering the claim to the insurance company. The insurance company will review the claim and decide whether to defend, and also whether they will indemnify you and your father against liability.

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