TEXAS LAW ALERT

Spring 2007

AGING TIRES CAN CAUSE ACCIDENTS

             Cars are expensive to own and require the owner to continually buy “consumables,” such as gas, oil, filters, spark plugs, and windshield wipers. Among these consumables are tires, and most car owners understand that they will have to replace their tires every so often because the treads will become worn.

             However, did you know that you may also need to replace your tires because of their age, even if you have not driven very far and even if the tires look fine? This is because tires are usually made of rubber (real or synthetic), and all rubber products deteriorate with age, even if they are not actually being used.

             Research conducted in the aftermath of the Firestone tire/Ford Explorer problems a few years back shows that tires as little as 6 years old may pose a danger to users because of age‑related deterioration, and even the tire industry (which has consistently downplayed the problem of old tires) has issued an advisory to its members recommending that tires should be replaced after 10 years.

             Although many tires are purchased new and are used long before 6 years pass, some are not. Some people do not drive their cars very often or very far, and 6 years may pass before the tire tread becomes worn enough to need replacing. Other people buy used or reconditioned tires, the age of which may be difficult to determine.

             In addition, how many of us have a spare tire in the trunk of our car that is more than 6 years old? Placing such an old spare on a car can present a danger all its own.

 

Tread Separation

             The specific problem posed by old tires is the phenomenon of tread separation. This separation is caused by oxidation, a process that causes the structure of the rubber to break down. When the rubber breaks down, the tread (the part of the tire that touches the road) can separate from the rest of the tire when the car is moving. Some people believe that it is much harder to control a car when the tread separates from the tire than it is to control one after an ordinary blowout.

             When the tread partially separates, it pulls the car to one side, and drivers compensate by pulling the wheel in the other direction. However, when the tread separates completely and falls off, the driver is now overcompensating, and this overcompensation can cause the vehicle (SUVs especially) to swerve into oncoming traffic or to roll over. This means that tread separation can be a much more dangerous matter than can an ordinary tire problem.

             Tire safety experts have estimated that hundreds of deaths or serious injuries have occurred that can be attributed to age‑related tire failure. To reduce the number of these deaths or injuries, consumer advocates have asked the federal government to require tires to be marked with an easy‑to‑understand “expiration date” so that a purchaser may easily determine its age.

 

Calculate the Age of Your Tires

             The government is considering this request, but, until then, consumers can check the 10‑ or 11‑digit DOT identification number on their tires. The last 3 or 4 digits of this number show a tire’s age: The first 2 give the week it was made (03 = the 3rd week of the year; 51 = the 51st week of the year), and the last 2 digits (or just the last digit for tires made in 1999 or earlier) show the year (03 = 2003), so a tire marked “1104" would have been made in the 11th week of 2004, and currently would be about 2‑1/2 years old.

             The moral of the story is to make sure that you replace your tires, including spares, regularly and not to use a tire that you know is old, even if it does not appear to be worn. However, if you or someone you know has been the victim of an age‑related tire failure, you may have a products liability claim against the tire’s manufacturer, seller, or even the car company that used the tires on its vehicles. Each case depends on its facts, and, because such cases are so complex and require the testimony of so many experts, it is best to have a lawyer help you determine whether you have a claim.

 

 

 

ARE YOU BEING HARASSED BY DEBT COLLECTORS?

             With a slowing economy and rising interest rates, more people are likely to feel the squeeze and be unable to pay all of their debts (especially credit‑card debts) in full and on time. Just because you can’t pay your debts does not make you a criminal, and debtors should remember that they have rights.

             The first thing to understand is that, if you borrowed the money or incurred the debt, the creditor has a right to be paid, and to be paid in full. In addition to the amount of the debt, the creditor may also be able to recover interest at a higher rate, late fees, and attorney’s fees if the agreement permits the creditor to do so. However, a creditor is not entitled to recover more than the amount of the debt and any authorized fees.

             When faced with a debt you cannot repay, the best first step is to contact the creditor. Many creditors (especially larger companies) are willing to work with people who have a good payment history but who are having short‑term payment problems, such as the loss of a job or unexpected medical bills. Although they do not have to do so, some creditors will agree to reduce payments or lower the interest they charge, at least for a while. If they agree to do so, ask them to give you something in writing so that you will understand your new obligations.

             Also, remember that just because the creditor says you owe money does not mean it’s true—creditors sometimes make mistakes. If you believe that a creditor has made a mistake, look at your bill. Most bills have a specific address stating where to send a complaint. Find the address and send a letter with documentation supporting your position. If you can show that a mistake has been made, the creditor should fix the problem. While this matter is pending, continue to pay the amounts that you agree are due.

             If the overdue account gets sent to a collection agency, you have special rights under federal and state law. You may submit a written request for verification of the account, and the debt collector has 30 days to respond. Debt collectors are also prohibited from using profanity, from threatening criminal prosecution or seizure of property, and from harassing those who owe a debt to try to force them to pay. Many private debt collectors will threaten to withhold money from your paycheck until the debt is paid, but this is something they cannot do in Texas.

             Both federal and state law provide for monetary penalties for violations of these rules, so keep track of the who/what/when/where/why if you believe the law has been violated. If you wish, you can consult a lawyer in order to determine your rights. The Attorney General will also sometimes help pursue debt collectors. You can call (800) 621‑0508 or send a written complaint to the Office of the Attorney General, Consumer Protection Division, P.O. Box 12548, Austin, Texas 78711.

 

 

INSURANCE COMPANY SECRETS

             When dealing with insurance companies, it is important to understand a few of their secrets so that you can get the settlement you deserve:

•                Insurers make money in part by denying you benefits. They may try to discourage you from seeking medical treatment (especially from chiropractors), or they may tell you that rental car coverage is limited to a set number of days. In most cases, this is not true, and, if you are not at fault, you are entitled to have all of your reasonable damages and expenses covered.

•                Insurance companies track every claim you make. When dealing with an insurance company, assume that it knows the history of every claim you have ever made, even if a claim was with a different company.

•                The adjustor is not your friend. Despite his protests, he is not there to help you—he is there to reduce the insurance company’s payment as much as possible. You are also not required to give an adjustor a recorded statement or a medical authorization. If you feel you are not being treated fairly, it may be time to get an attorney involved.