Lemon Law Louisiana

Pharis Law Offices

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Defective Commercial Vehicles

In situations involving consumers, they are often interested in getting their money back or another vehicle. Situations involving commercial cars, trucks, or vans, have an added element of need almost always - that is lost profits. Downtime can cause a loss of business revenue that is immediately noticeable. To maximize your chances of collecting that amount of damages, you must be able to present to your accountant, and eventually the attorney, figures about the amount of downtime, dates of downtime, extra expenses to hire substitute vehicles, and loss of money from related opportunities you might have had to make money. Tax returns, gross sales figures, and other records can be used to establish the losses.

For example, a wrecker company that also has a body shop may lose revenue not just from the fees from the wrecker call but also because they didn't get to repair some of the vehicles and therefore bodyshop revenue is down. Although it is impossible to determine exactly, the amount of the lost revenue, use of average formulas or other accounting methodologies can be developed by your accountant or a business expert in your field.

Another example, a case prosecuted by Fred Pharis, involved a new Gm C-3500 pickup with a 6.5 liter diesel engine, purchased by an experience, former longhaul trucker and his wife. The rig was to be used for "hotshotting" or making relatively light hauls of oil field tools or parts, or landscape plants sold by nurseries. The transmission had to be replaced in Ohio, and then later was worked on in Baton Rouge. The injector pumps broke several times. Other defects kept the truck in the shop. The upshot of the problems was that the fledgling business never got off the ground. The company the truck was "leased" to (it provided contract hauls) discontinued business with the couple. The husband went back to work in the oilfield, and was in debt to a bank for not only the truck loan but a business loan that couldn't be paid back. The case was tried for one full day and scheduled for another. Before the second trial date, the trial judge indicated that he was willing to award a certain amount based on the evidence presented that far. GM settled for that amount, which provided the clients with more than enough to satisfy the bank and return them to good standing. The husband and wife presented evidence themselves based on their former trucking experience that apparently impressed the judge sufficiently that he would have awarded a substantial amount for lost profits.

To make it easy, make sure you keep good records, even if you don't know that the problem will affect you that much at the beginning. Good record keeping will help greatly if later you have to sue a manufacturer for a defective vehicle.

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