Ask a Lawyer
by Allison Jones
Nov 11, 2013 | 833 views | 0 0 comments | 37 37 recommendations | email to a friend | print
I bought a car in Birmingham 9 months ago and it has been in the shop 7 times already. What do I need to do to file a lemon law claim? Do I need an attorney or can I do it myself? Timothy C., Dora

In rare cases, new autos can have significant problems. If the problems affect the safety, market value or use of the vehicle, the consumer may be entitled to either a new auto or monetary damages, including lawyers' fees under Alabama's Lemon Law. There are certain rules and regulations that you must follow in order to file a Lemon Law claim in Alabama that include:

• The Lemon Law claim must be made within the first year or 12,000 miles, whichever occurs first.

• The manufacturer must have an opportunity to repair the vehicle three (3) times, and one final time after notice is given.

• The final notice must be sent via certified mail.

The claim should describe the auto, state the problem and describe all previous attempts to correct the problem by identifying the person making such an attempt, and when the attempt was made. Additionally, the customer must follow the manufacturer's internal dispute resolution procedure. Before beginning this process, we advise that you consult an attorney in order to fully comply with the statute.

My mother is getting to the point where we are going to have to consider a nursing home for her. Will Medicare pay for the nursing home? Mary Beth S., Nauvoo

Medicare does not provide coverage for long-term care, such as nursing home care. However, Medicare will pay for up to 100 days of skilled nursing care per illness. A patient must be hospitalized for the illness, and the patient must receive a high level of care in a nursing home that could not be provided at home or on an outpatient basis. After 20 days of nursing home care, there is a large copayment required of the patient for the remainder of the stay.

Medicare will also pay for home health benefits if a person is housebound and if a doctor has ordered home health services, at least some of which are skilled. Medicare will pay for up to 35 hours of services per week, and patients only have to pay for 20 percent of the cost of medical supplies and equipment.

Medicaid is a federal program that will pay for nursing home care. Medicaid is not to be confused with Medicare, which in most cases will not pay for extended nursing home care. Medicare is a program which people pay into during their working years, while Medicaid is a need-based program intended to help impoverished Americans with medical expenses.

Nelson, Bryan and Jones represents clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.

Please send the questions to:

Ask the Attorney

P. O. Box 2309, Jasper, AL 35502

205-387-7777

or email to Bob@NelsonBryanJones.com

No representation is made that the quality of legal services to be performed is greater than the quality legal services performed by other lawyers.