The Snow Is Coming! Things To Know if You Are In a Car Crash In the Snow.

Virtually the entire of State of Oregon is under a winter storm warning at this time. Forecasters are doing their best to predict how much snow is going to be on the ground when we all wake up tomorrow. It is no secret that the folks in the Willamette Valley, Portland, and the Metro Area struggle with driving in the snow. Portland and the Metro area grinds to a halt usually when there is a threat of snow. People abandon their vehicles, cars slide off the road, cars also slide into each other and into pedestrians. This can result in serious and catastrophic injuries to people involved in these crashes. Oregonlive has posted some great driving tips for people that will venture out in the snow. However, what do you do if you are involved in a crash in the snow?

At the Scene: Once the area is safe, USE YOUR CELL PHONE to gather evidence: Take pictures of the car damage, the scene, the bad driver, witnesses, and the bad driver' driver's license, the bad driver's license plate, and the bad driver's insurance card. Photos of the scene are important in snow and ice crashes, because many times the parties will dispute what caused the crash. Also, have witnesses text or email you their contact information from their phones. This way you can locate them later if needed. If it is safe enough to move the car to the side of the road do it AFTER you take a couple of photos of the crash scene. Moving the vehicle permits traffic to flow through and will permit an ambulance, police officer, or other emergency responders to get to the crash if someone is injured.

If You or Someone Is Injured in the Crash and Needs Immediate Medical Attention: Call 911 if there is an injury and relay what the injuries are.

Seek Medical Care: Immediately seek treatment if you are injured. Your Oregon issued auto insurance should pay $15,000.00 for up to two years of crash related medical treatment. This does not mean you need to go to the Emergency Room, but you should schedule an appointment with a Doctor or Chiropractor to ensure you have not suffered serious injuries. The sooner the better. From a medical standpoint, you may be harming yourself if you wait to seek treatment. From a legal standpoint, insurance companies will likely give your claim less value if there is a “gap in treatment.” Insurance companies will not accept the justification that the snow prevented you from seeking treatment. This means you will likely have to fight harder to obtain maximum compensation for your losses and pain and suffering.

Contact Insurance and the DMV: Call your insurance company to set up a claim. Cooperate with them, but be cautious of their motives. If there was an injury or more than $1500.00 in property damage submit the proper Accident Report to the DMV ASAP. Here is a link to the form: DMV Accident Form.

If you were in a hit and run you must make a police report or notify the DMV within 24 hours and notify your insurer within 30 days. I advise reporting the matter to law enforcement as soon as possible. This is important as you may not be able to make a claim in the future if you were a victim of a hit and run.

Pro Tip: Call A Personal Injury Lawyer at 503.224.1658: Calling Ross Law PDX won't cost you anything to chat, and you can learn about what you need to do next.

Please be safe out there. Please remember that as an Oregon Personal Injury lawyer, Jeremiah Ross may be able to help you obtain maximum compensation for your personal injuries caused in the snow. The roads are still treacherous and there is more snow and ice on the way. Please do not hesitate to call if you have any questions. Please remember this blog and web-site may be considered attorney advertisement AND IS NOT CONSIDERED LEGAL ADVICE. REMEMBER ALL SITUATIONS ARE DIFFERENT, and this post is merely a guide.

3 Things Oregon Car Buyer's Should Know Before Going to the Dealer

As an Oregon Consumer Lawyer I regularly sue Car Dealerships on behalf of people that get ripped off. Some Car Dealers have perfected the art of bamboozling customers in an effort to squeeze every penny out of the deal. Some dealers do such a masterful job, that most consumers feel powerless even though something “doesn’t feel right.” However, Car Buyers do have rights and can assert those rights. Here are 3 tips to help you Protect Yourself from a Car Dealer:

1) Read the Documents: It is a no brainer that you should read what you are signing. However, dealers use tactics to prevent this. Dealers are trained to keep their hands on the documents and point where to sign while engaging in conversation with you. You can protect yourself by asking the dealer to step out of the office or away from the desk and give you time to read the documents. You can also politely ask the dealer to stop talking as you are going through the documents, and remind them that you are trying to focus. There is never enough time to read all of the small print. However, before you sign the documents you should have an understanding of the major aspects of the deal.

2) Shop Based on Total Sale Price: Many people purchase cars solely based on the monthly payments. Focusing on monthly payments puts the consumer at a disadvantage because the dealer can tweak the financing and price of add-ons to keep the monthly payments roughly the same, but the actual amount financed of the vehicle is substantially higher. You can protect yourself by shopping based on the “Total Sale Price” of the vehicle. That price is located on the truth in lending act disclosures that the dealer requires you to sign.

3) Don’t Be Afraid to Walk Away If Something Doesn’t Feel Right: If you think the dealer is trying to take advantage of you then walk away. Dealers use long delays to exhaust buyers so that the dealer can get them to rush through signing the paperwork. You can combat this by giving them a certain amount of time to prepare the documents or you walk. You can also walk out if you get the sense that the dealer is trying to pull a fast one or take advantage of you.

If you or someone you know has been ripped off by a car dealer please call Ross Law PDX at 503.224.1658. Oregon Consumer Lawyer Jeremiah Ross has represented numerous consumers who have been victims of auto fraud, unlawful car sales, and vehicle financing schemes. Please remember that rules and laws are constantly changing. PLEASE NOTE THAT THERE ARE NUMEROUS OTHER THINGS YOU CAN DO TO PROTECT YOURSELF FROM BEING RIPPED OFF (Vehicle inspections, taking financing documents home, pre-loan approval, etc.) These are simply three basic tips. Please contact a lawyer or refer to the law rather than simply relying on this post. This post could be considered ATTORNEY ADVERTISING.

5 Things Oregon Crime Victims and Survivors Should Know About Their Remedies

Yesterday, a Kentucky Jury awarded U.S. Senator Rand Paul $580,000.00 in damages that were a result of injuries and mental anguish he suffered when a neighbor tackled the senator. The neighbor was angry at Rand Paul and attacked him. The neighbor’s attack broke six of Rand Paul’s ribs and bruised his lungs lungs. Prior to Rand Paul’s Civil Suit, the attacking neighbor was prosecuted in Criminal Court and entered a plea of guilty. After the attacker had entered a plea of guilty Senator Paul pursued his civil remedies against the attacker, and the Jury sided with Paul in awarding him damages for medical expenses, mental anguish, pain, suffering, and damages to punish the defendant. This case is unusual due to the fact that the victim was a U.S. Senator, but the facts are not unusual. Here in Oregon, Ross Law PDX has represented survivors and victims in Civil Cases involving sexual abuse, domestic violence, violent attacks that occurred at school, assaults by neighbors, assaults by police officers, and assaults at bars. In most of these cases the survivors of abuse were unaware of the power of the civil justice system and what they could achieve. Oregon Crime Victims and Survivors should know the following:

1) The District Attorney is Not Solely The Victim’s Lawyer: The district attorney prosecutes the suspect criminally. Essentially, it is the district attorney’s job to ensure the suspect is held accountable in criminal court and is punished by either being sent to prison, jail, or put on probation. The district attorney represents all Oregonians, and not just the victim. As a result, the focus of the district attorney may not always be in line with the victim’s wishes.   

2) The Victim Can Have an Attorney Represent them in the Criminal Case and Civil Case: An attorney acting on the victim’s behalf is only representing the victim. In the Criminal Case the victim’s attorney can ensure that the victim’s rights are honored, even if that means disagreeing with the District Attorney’s position. In the civil case the victim’s attorney can pursue claims for monetary damages and other remedies. The main difference is that a civil attorney can file a lawsuit against not only the criminal suspect but other corporations or organizations that may be responsible for the suspect. For example, if a security guard rapes a person while on duty. The district attorney would prosecute the security guard and would have a difficult time prosecuting the security guard’s employer. However, a civil attorney may hold the security guard and the guard’s employer accountable. Additionally, civil attorneys seek compensation for the victim and are unable to send a person to jail or prison for what they have done.

3) Victim’s Can Typically Only Recover Out of Pocket Losses Through the Criminal Case: In Oregon, criminal restitution is typically limited to only economic losses that the defendant caused as a result of his criminal conduct. What this means is that in most cases the Criminal Court cannot order a criminal defendant to pay for damages for mental anguish, fear, anxiety, frustration, sleeplessness, embarrassment, pain, suffering, or other non-economic losses. In order to collect those damages the Victim or Survivor must file a Civil Case. The Rand Paul case is illustrative of why this is such a powerful remedy. In the Paul case, the Jury awarded $7,834.82 in economic losses and $200,000 for pain and suffering. If Paul did not exercise his right to pursue the case in Civil Court he may have been limited to only collecting $7,834.82 from the criminal defendant.

4) In a Civil Case Crime Victims and Survivors Can be Awarded Punitive Damages: Oregon Law permits persons that are victims of certain crimes to be awarded punitive damages in Civil Cases. In many cases, Oregon Law allows person to collect money from people that recklessly endanger and injure a person. ORS 31.730   These damages are awarded to the injured person to punish the offender, and can make a significant difference in the amount of money the crime victim or survivor receives. For instance, the Jury awarded Senator Rand Paul $375,000 in punitive damages. These damages were to punish the attacking neighbor for assaulting Rand Paul. There is not a fixed amount for punitive damages, and the additional amount will vary depending on the injuries, the reckless conduct, and the “record as a whole.” ORS 31.730   

5) A Crime Victim or Survivor Can Use a Pseudonym to Protect Their Identity in Civil Court: Most crime victims and survivors do not want their identity revealed in court filings. Most Courts will permit the victim or survivor to take steps to protect their identity by proceeding under a pseudonym. In these cases the court may permit the survivor to use a pseudonym of initials such as J.D.

If you or someone you know have been injured by a criminal defendant please contact Jeremiah Ross at 503.224.1658 to discuss your options and remedies. Ross Law PDX has successfully fought for Crime Victims throughout the State of Oregon. Ross Law PDX is also happy to provide a free case consultation to anyone that was intentionally injured by another. Please note that results vary and many settlements in Crime Victims cases, and not all cases can be pursued. Please do not solely rely on this post and contact a crime victim attorney to discuss your rights and options.

It should be noted Senator Paul’s case is unusual due to the fact that Senator Rand Paul supports “tort reform” to limit a person’s access to civil justice and put caps on amounts awarded by a jury. Hopefully, he will learn from this experience and reject any future attempts to limit the amount of damages that can be awarded by a Jury in a civil case.

5 Things Oregon Car Buyers Should Know About "Add-Ons" & 3 Car Buying Tips

You spent days looking for the perfect vehicle. You finally find it, and the $280.00 per month payment is just what you were looking for. The dealer then offers you more than expected for your barely running trade in. Things are going great! The car buying process is taking forever, but you don’t mind because the dealer seems so nice. He is talking about the weekend he had with his kids and his young family. The dealer is in and out of the office. He blames the delay on a a back-log in financing. Hours later he walks in with a stack of “routine” documents that need to be signed so you can purchase and finance the vehicle.

The dealer says that the lender requires that you purchase a warranty and GAP insurance. He explains this is required, and that because you are getting such a great price on the car it will have little effect on the monthly payment. The dealer then starts to present each document and points out where you should sign while keeping one hand on the document and talking about his recent trip to Mt. Hood. The dealer apologizes for the delay and shakes your hand. You drive off the lot with a big grin on your face.

When you get home that big grin quickly turns to a frown once you review the paperwork. It is at that time that you notice the dealer charged you $3,000.00 for the required GAP insurance. You don’t know what GAP insurance is, but he said it was required. You also notice that the car is under factory warranty but you paid $2,000.00 for a service contract that covers the same thing as the warranty. This $15,000.00 car has now become $20,000.00. You also notice the increased monthly payments were the agreed $315.00, but instead of a 48 month loan you have a 60 month loan. You call the dealer and he says he will look into it and call you back. After that first call, the dealer won’t take your calls anymore. Unfortunately this unlawful scenario is all too common. However, consumers can mitigate their chances of being ripped off if they educate themselves about “add-ons.” Here are five things Oregon consumers should know about add-ons before they buy a car:

1) What are Vehicle Add-Ons: Vehicle add-ons are the extra goods, services, and accessories the dealer sells you in addition to the vehicle. Common add-ons are service contracts, pre-paid maintenance plans, extended warranties, GAP insurance, rust proofing, VIN etching, anti-theft devices, fabric protection, nitrogen in tires, window tinting, chrome-plated wheels, all-season floor mats, splash guards, wheel locks, cargo trays and alarm systems. These add-ons will almost always increase the price of the vehicle.

2) Dealers Can Make a Significant Profit on Add Ons: Dealers do not typically make a large profit on simply selling a vehicle. A dealer can substantially increase their profit if they are able to sell you add-ons. This is why they may be willing to substantially drop the asking price of the vehicle or increase your trade in value. This gives the illusion that you are getting a great deal when in reality you are being over-charged for the add-ons. Dealers are willing to drop the price of the vehicle if they can make up the difference by selling over-priced add-ons. For example the dealer may charge you $2,500.00 for GAP insurance. The dealer then only pays GAP insurance company $500.00 for your GAP insurance policy. The dealer will then keep the $2,000.00 as her profit. This is important to know If you want to purchase an add-on, because there is usually room to negotiate with the dealer.

3) Dealers Cannot Charge an Unconscionable Price for Add-Ons: Oregon law prevents the dealer from making false or misleading representation about the amount charged for add-ons that are sold with the vehicle by selling them at a price which is unconscionably higher than the price typically sold to customers. See OAR 137-020-0020 (3)(f). What this means is that the dealer cannot sell VIN etching for one customer for $50.00 and then sell the same product/service to you for $1,500.00.

4) Dealers Cannot Require You to Purchase Add-Ons in Order to Finance the Vehicle: Oregon law prohibits dealers from informing consumers that the dealer won’t sell the vehicle or obtain financing for the vehicle unless the consumer purchases add-ons, accessories, or insurance. See OAR 137-020-0020 (3)(L)&(v). The dealer can ensure that the consumer has liability insurance that is required by law, but cannot condition the sale based on the consumer purchasing that insurance from the dealer, GAP insurance, or other products or services. To put it another way, you do not have to buy any add-ons in order to buy the car.

5) The Dealer Must Be Up Front About the Cost of the Add-Ons and the Price of the Vehicle: Dealers often try and pack add-ons into the price of the vehicle. This enables them to conceal the actual price of the add-ons. This is called “packing” and it is unlawful. The law requires that during negotiations the dealer cannot quote monthly payments or the total sale price of the vehicle with the add-ons included unless the dealer clearly and separately delivers in writing, during negotiations and prior to any purchase order, the individual price of the add-ons, and the total costs without the items included. See OAR 137-020-0020 (3)(m). What this means is that during negotiations the dealer should provide you something in writing noting the total cost of the vehicle and the monthly payments without any of the add-ons included. The dealers should also provide you the individual price of each add on.

How Can You Protect Yourself from a Car Dealer?

1) Read the Documents: It is a no brainer that you should read what you are signing. However, dealers use tactics to prevent this. Dealers are trained to keep their hands on the documents and point where to sign while engaging in conversation with you. You can protect yourself by asking the dealer to step out of the office or away from the desk and give you time to read the documents. You can also politely ask the dealer to stop talking as you are going through the documents, and remind them that you are trying to focus. There is never enough time to read all of the small print. However, before you sign the documents you should have an understanding of the major aspects of the deal.

2) Shop Based on Total Sale Price: Many people purchase cars solely based on the monthly payments. Focusing on monthly payments puts the consumer at a disadvantage because the dealer can tweak the financing and price of add-ons to keep the monthly payments roughly the same, but the actual amount financed of the vehicle is substantially higher. You can protect yourself by shopping based on the “Total Sale Price” of the vehicle. That price is located on the truth in lending act disclosures that the dealer requires you to sign.

3) Don’t Be Afraid to Walk Away If Something Doesn’t Feel Right: If you think the dealer is trying to take advantage of you then walk away. Dealers use long delays to exhaust buyers so that the dealer can get them to rush through signing the paperwork. You can combat this by giving them a certain amount of time to prepare the documents or you walk. You can also walk out if you get the sense that the dealer is trying to pull a fast one or take advantage of you.

Add-ons may be a good deal for some people, but buyers should beware. Selling add-ons is a fertile area where dealers can increase their profits on a deal substantially. That means the consumer will end up paying more unless they understand what they are purchasing and the amount they are paying.

If you or someone you know has been ripped off by a car dealer please call Ross Law PDX at 503.224.1658. Oregon Consumer Lawyer Jeremiah Ross has represented numerous consumers who have been victims of auto fraud, unlawful car sales, and vehicle financing schemes. Please remember that rules and laws are constantly changing. Please contact a lawyer or refer to the law rather than simply relying on this post. This post could be considered ATTORNEY ADVERTISING.

5 Things To Know if You Were In a Crash with a DUII Driver

Ross Law PDX recently resolved a case where our client was hit by a DUII driver. The driver was out drinking and decided to drive home. While he was driving his blood alcohol concentration was well over the legal limit. The speeding drunk driver ran a stop sign and T-Boned my client’s car. The crash totaled my client’s vehicle. The DUII driver then attempted to flee, but pulled over minutes later. The DUII driver was then arrested and charged with DUII and Reckless Driving. While the DUII driver was spending the night in jail, our client was at Urgent Care getting treatment for his injuries. The crash caused ourclient to suffer soft tissue injuries (neck and back strain) which thankfully healed in a short amount of time. Our client brought Ross Law on board and we were able to obtain the DUII Driver’s $25,000.00 policy limits very shortly after letting them know of our representation. This is not an unusual scenario in DUII crash cases. However, these cases are unique and many victims of DUII drivers are often getting less than they are entitled to simply because of confusion about their rights and obligations. The following five things should assist DUII victims in ensuring they receive maximum compensation for their losses:

1) You Have a Right to Receive A Police Report & Other Information: One of the first things that victims want to know is what happened to cause their injuries. Clients often say, “I don’t understand how he/she could have been so drunk and still driving.” Getting a police report helps victims learn what happened. It also helps them evaluate a civil case against the DUII Driver. The vast majority of the time the District Attorney will not release a police report while the case is pending under any circumstances. This is one exception to that rule. The law mandates that the District Attorney’’s Office must provide a report to victims or their lawyers if it is requested. See ORS 135.857.

2) The District Attorney Does Not “Represent” The Victim: The District Attorney’s job is to prosecute the DUII driver. This means that they will ensure that the DUII driver is either convicted of DUII or brought to trial for DUII. If the DUII driver is convicted of DUII, then the District Attorney may ask all victims involved if they are seeking restitution. This does not mean that the District Attorney is the victim’s lawyer. It simply means that the District Attorney (“DA”) is doing their job to ensure that the victims receive criminal restitution they are entitled to. This distinction is important to remember, because many people believe that the DA is also helping them with an “insurance claim” or getting compensation. Simply put, that is not he District Attorney’s job. That is what personal injury lawyers and crime victim lawyers such as Ross Law PDX do. This must be clear because the victims may limit their compensation if they do not exercise all of their rights. Click here to learn more about the difference between the district attorney and a civil attorney.

3) Criminal Restitution is Not the Same as Compensation in a Civil Case: Many times the District Attorney will send DUII victims a letter requesting if they are seeking “restitution.” Many people are confused about these letters and notices. Additionally, some DUII victims believe that seeking restitution is the same as pursuing a civil claim against the DUII driver. These are very different things. Criminal restitution is very limited. Criminal Restitution only covers “economic damages” caused by the defendant. Economic damages are defined as “objectively verifiable monetary losses.” These are often referred to as “out of pocket expenses.” Things like medical bills, burial expenses, lost income, costs to repair property, and insurance deductibles are routinely covered. See ORS 137.106(1) and ORS 31.710(2)(a). However, things like pain, suffering, frustration, anxiety, interference with activities of daily living are not recoverable as criminal restitution. These are non-economic damages. The DA has to make a claim for restitution within 90 days of sentencing, so it is important to communicate with the DA promptly if you are seeking restitution.

4) Insurance Companies Will Still Cover A DUII Crash: There are many instances when an insurance company refuses to provide coverage for an incident due to the insured’s conduct. However, the vast majority of the time an insurance company will still provide insurance coverage for a DUII crash. This is important because it allows the injured victims to receive compensation for pain and suffering in addition to their economic losses.

5) A DUII Crash Case is Worth More than a Regular Case: Insurance companies evaluate make their money by evaluating risk. They do their best to attempt to figure out what a Jury may award the victim of a DUII driver. This can be difficult because of the risk of punitive damages and the fact that the Jury may simply award the victim a substantial amount of money because the driver was impaired at the time of the crash. As a result, insurance companies will usually pay more to a victim of a DUII driver.

If you or someone you know has been injured in a crash with an Oregon DUII driver or impaired driver you should call Ross Law PDX at 503.224.1658 for your free personal injury consultation. Oregon Personal Injury and Wrongful Death attorney Jeremiah Ross is happy to discuss your options. Please remember that case results vary and the law is constantly changing. Please contact a personal injury lawyer rather than relying on this post. Also this post could be considered ATTORNEY ADVERTISING.

Can You Be Sued for Over-serving Alcohol to A Person that Causes a Car Crash?

‘Tis the season for holiday parties, which means it is also the season for DUII crashes. Many of these crashes cause catastrophic injuries or deaths. When that occurs it is likely that the injured person’s family will want to hold all negligent persons responsible for causing the injuries or death. Most people think that simply the impaired driver is solely responsible for causing the crash. However, that may not be the case if the DUII driver is leaving a residence or bar where he was over-served alcohol. In Oregon you can be sued if you are a social host and over-serve a visibly intoxicated person who causes a car crash. This means that you may be responsible for the injured person’s losses which can be millions of dollars in some cases.

To put it another way, homeowner’s can be held responsible for serving alcohol to a person that is visibly intoxicated and later injures another in a DUII crash. (See ORS 471.565). Oregon courts have determined a person who receives guests in a social setting, in which the host serves or directs the serving of booze or beer to guests can be held accountable if the overly intoxicated person later injures another in a DUII crash. Don’t believe me? Check out the Court’s opinion in Deckard v. Bunch, 358 Or 754 (2016).

Social Host liability is important because home owner’s and renter’s insurance policies may cover DUII crash injuries and provide tens of thousands, or hundreds of thousands of dollars, in additional insurance coverage. This money can be used to pay medical bills, physical therapy, vocational rehabilitation, and to compensate the injured person or their family for their harms and losses. More importantly, social host liability will hopefully act as a deterrent to over-serving intoxicated people who may get behind the wheel.

Social Host cases can be complicated and there are other theories an attorney can use to attempt to obtain maximum recovery for a person’s wrongful death, injury, or loss. Please contact Portland Personal Injury Attorney, Jeremiah Ross, at 503.224.1658 for a free personal injury consultation. Please remember this post is for informational purposes only and you should rely on the current statute and case law when considering a dram shop claim. These laws constantly change and the theories of liability are not as clear as they were in the past. Please consult with an attorney if you believe you have a dram shop claim, social host claim, or have been injured by a DUII Driver.

Ross Law Files Lawsuit Against Ontario Auto Ranch for Unlawful Vehicle Sale

Ross Law PDX recently filed a lawsuit in Malheur County Circuit Court against Ontario Auto Ranch for an unlawful “Yo-Yo” sale of a vehicle. This is one of the more egregious “Yo-Yo” sales that we have seen in years.

Yo-Yo scams go by a few different terms (spot delivery, bushing scams), but essentially the scam goes like this: The dealership informs the consumer that their financing has been approved and the deal is done. The consumer then drives the vehicle off the lot and is under the impression it is theirs.

Days, weeks, or months later, the dealership calls the consumer and tells the consumer that the financing did not go through. The dealership will then claim they can obtain financing for the vehicle, but they will either need more money for a down payment, or they have to change the financing terms, or both. This puts the consumer in a difficult spot, because the consumer is under the impression the vehicle was theirs. Consumers don’t want to have to explain to friends and family that they had to return the vehicle because they couldn’t get it financed. Dealers know this, and capitalize on the consumer’s fears to get the consumer to agree to new less favorable financing terms. This allows the dealership to squeeze more money out of the consumer.

Yo-Yo sales are legal. However, the law requires the dealership to comply with certain deadlines and make certain disclosures in order to make a Yo-Yo sale legal. For example, the dealership has 14 days from the date the consumer takes possession of the vehicle to find the consumer financing or inform the consumer that financing under the original terms could not be obtained. During this 14-day period the dealership cannot sell the Trade-In vehicle. Additionally, if the dealership cannot obtain vehicle financing under the original terms, then the dealership must offer to immediately return any vehicle traded in and any cash down payment. If the dealership fails to do this, they have broken the law.

Usually there are other legal violations that flow out of these unlawful sales. Truth In Lending Act violations are common, unlawful “payment packing” is also common, and there will often be unlawful attempts to conceal negative equity or inflate cash down payments in an effort to obtain financing from the lender. This is what we allege Ontario Auto Ranch has done.

Ontario Auto Ranch is a large auto dealership in Ontario, Oregon. Auto Ranch sold our client a 2015 Ford truck in June 2018. Auto Ranch orchestrated the deal so that our client would trade in two vehicles for the Ford truck, and the dealership would obtain financing for the Ford Truck. Our client took possession of the vehicle in June 2018 and the dealership informed our client the financing had been approved. At that time, the dealership took possession of the 2 trade in vehicles.

One of the trade-ins was a 2017 Dodge truck, the other was an 2011 Ford. The Dodge was financed and the consumer owed more than the Dodge was worth. (negative equity) The financing documents do not note the Dodge had any negative equity, so it appears that the dealership gave our client cash for the 2011 Ford and applied that amount to the “Trade-In value” of the Dodge. The financing documents are silent on the amount the dealer paid our client for the 2011 Ford. This allowed the dealership to conceal the Dodge’s negative equity and make it appear the dealership paid more for the Dodge than they actually did.

The Retail Installment Contract was also silent as to “Theft Protection” and “Pre-Paid Maintenance.” Dealerships make significant profits on these additional products. However, these products appear on our client’s “Motor Vehicle Purchase Agreement.” It appears these products were unlawfully rolled into the purchase price of the vehicle, and were not disclosed in accordance with the law.

After the purchase of the Ford Truck, our client continued to contact Ontario Auto Ranch. He wanted to know where he would send his monthly payments to. Ontario Auto Ranch informed him that the vehicle financing was being processed and blamed the delay on the Credit Union.

Six weeks after our client took possession of the vehicle, Ontario Auto Ranch finally informed our client that they were having difficulty financing the vehicle due to a paperwork error. In August 2018, the dealership demanded our client sign a new Retail Installment Contract with new financing terms. Auto Ranch again failed to disclose the Dodge’s negative equity and there is no mention of the 2011 Ford on the August Retail Installment Contract. However, this time the dealership noted on the Retail Installment Contract that there was $299.00 paid to an entity for “Maintenance.” Similar to the June 2018 sale, our client was instructed where to sign and did so based on the dealer’s representations.

Our client continued to call Auto Ranch in August and September 2018. At this point, our client had the vehicle for roughly three months. However, Ontario Auto Ranch gave him the run-around and would not provide a clear answer on the status of the financing. In September, Ontario Auto Ranch asserted the loan needed to be re-submitted to the bank.

Later in September, the dealership informed our client that it was unable to obtain funding for the Ford’s loan under the terms of the agreement. Auto Ranch informed our client that a different bank could finance the deal, but at a substantially higher interest rate. Shortly thereafter, Auto Ranch informed our client that the options were: 1) sign a new financing contract with a higher interest rate, or 2) Auto Ranch would repossess the Ford. Auto Ranch never informed our client whether or not he could obtain his trade-ins back. In October 2018, our client contacted Ontario Auto Ranch in an effort to determine the status of financing. The dealership has yet to get back to him or contact Ross Law.

As a result, our client had no choice but to file a lawsuit against the dealership. This type of scam is all too common. However, it rarely gets to this point. As you can imagine this has been extremely frustrating and difficult for our client. We are eager to force the dealership to attempt to justify their actions and hopefully Auto Ranch will learn from this lawsuit.

FOR A FULL FACTUAL BASIS FOR THIS POST SEE: Malheur County Circuit Court Case 18CV55364. If you, or someone you know, has been ripped off by a car dealers, call Ross Law PDX at 503.224.1658. Jeremiah Ross represents consumers throughout the state of Oregon. Please note that this litigation is evolving and refer to the Court’s file for updated information, and this post is based on current information as we know it. The dealership may have a different version of events, and we look forward to hearing those.

Plan Your Thanksgiving Trip Early- Historic Traffic Jams Predicted

Thanksgiving is already here. AAA predicts a historic amount of driver’s hitting the road this year. This will create terrible traffic throughout the Country, but it will also likely cause an increase in traffic crashes. During Thanksgiving people tend to be in a hurry, become inpatient, and are often fatigued during long drives. As a result, they make decisions that cause a crash. These crashes can be avoided if you simply plan your trip to account for the traffic. Give yourself extra time and leave earlier than you think you should. This will result in a much more pleasant and safer drive.

If you or someone you know have been in a traffic crash please call Portland Personal Injury lawyer Jeremiah Ross at 503.224.1658. Ross Law PDX is happy to provide free personal injury case evaluations.