Wednesday, January 20, 2016
HOW TO NEVER HAVE A CAR NOTE AGAIN
LIVING WITHOUT CAR NOTES
Many believe that car notes are just a way of life.
It does not have to be. But if you are looking for an easy way, this is not it! But it does work.
If are not badly upside down in your car loan, and you have a lot of payments left, do whatever you can save about $500.00 to $1,000.00 and sell the newer car. This may take a few months. Find a junky old $500.00 to $1,000.00 car. They are out there, but you really have to look. Often, if you let family, friends, relatives and church members know you need a reliable, cheap car, someone may have one you don’t even know about.
If you can pay it off in the next couple years, do so. Either way, if you can have just one month without a car note, take the amount of that note and open an account at a bank that is not too close to you. Do not obtain an ATM card or checks. Make sure it is out of your way to go there. Then send your monthly note (let’s assume $300.00) to that bank with a deposit slip each month. It might be helpful to make a payment book just like regular car notes.
In only twelve months, you have put $3,600.00 in the bank. The $750.00 car still has some value. Maybe you can trade it in for a value of at least $500.00, or sell it to your buddy who you have inspired to start their “life without a car note.”
Take your $4,100.00 and buy a much better car.
For the next year, put your $300.00 in the bank each month just as if your making payments. So you are driving your car payment free, years earlier than you would have been with the loan, and each year or two you can upgrade.
Remember, NO ONE drives a new car. Every titled car is “used.”
And, paid for cars drive better. It’s not easy, but it is worth it. And, getting in the habit of saving and earning interest, rather than paying it, is truly a gift that keeps on giving.
Tuesday, January 19, 2016
AVOID A CRASH!!
AVOIDING A CAR ACCIDENT
As a Christian injury attorney, I see the aftermath of tragic car crashes every week. There are a few common accidents that you can either avoid or mitigate if you know what to do.
Avoid Overcorrection: We all have heard and felt that sudden rumbling of our wheels running off onto the gravel shoulder. The steering wheel jerks to the right, and what is our instinct? Jerk back to the left with all our might! This is called “overcorrection.” Especially with younger drivers, the panicked jerking back to the left will often cause the car to turn sideways and roll or flip, sometimes with roof-crushing results. The fix? Ride it out, and gently ease back onto the pavement. We have been driving on gravel roads for 100 years, so two wheels on it for a few seconds is no need to panic.
Blowout Reaction: The “Boom” and instability of a blowout at speed induces panic in all of us. Remember though, that control of the car is best achieved through steering and not emergency braking. Like the overcorrection issue before, quick braking or turning can easily cause a fatal rollover. Ride it out to the shoulder as best you can.
Avoid Hydroplaning: When you steer, but nothing happens, you might be on black ice, or hydroplaning. When the water on the road lifts off your steering tires and you lose contact with the pavement it is called “hydroplaning.” Just ease off the gas and it should let the wheels grip again. If you feel unsure in the rain, consider a tire brand made for better rain disbursement.
Mechanical failures: If your car continues to accelerate uncontrollably, get the car out of gear. In a manual, simply press the clutch to the floor and brake. If you are in an automatic transmission, shift into Neutral (“N”) and brake. Your engine may be noisy, but your car is easier to replace than you are. Once stopped, you can shut the car off, and shift back into Park. If you lose brakes, follow the above steps to get the car out of gear, and trying pumping the brakes all you can as you come to a stop.
Sometimes, such as with a high speed brake failure, a car jacking situation or a head on drunk driver in your lane, you may even have to crash on purpose!
Hopefully, this information will never be needed in your home, but if you are teaching kids to drive, please simulate these emergency situations in a safe place. When panic sets in, you only have time for one reaction, so let’s make it the safest one.
Every twelve minutes, someone in our country perishes in a car crash. I help people with the results of accidents caused by others, but maybe this advice will save at least one life.
As a Christian injury attorney, I see the aftermath of tragic car crashes every week. There are a few common accidents that you can either avoid or mitigate if you know what to do.
Avoid Overcorrection: We all have heard and felt that sudden rumbling of our wheels running off onto the gravel shoulder. The steering wheel jerks to the right, and what is our instinct? Jerk back to the left with all our might! This is called “overcorrection.” Especially with younger drivers, the panicked jerking back to the left will often cause the car to turn sideways and roll or flip, sometimes with roof-crushing results. The fix? Ride it out, and gently ease back onto the pavement. We have been driving on gravel roads for 100 years, so two wheels on it for a few seconds is no need to panic.
Blowout Reaction: The “Boom” and instability of a blowout at speed induces panic in all of us. Remember though, that control of the car is best achieved through steering and not emergency braking. Like the overcorrection issue before, quick braking or turning can easily cause a fatal rollover. Ride it out to the shoulder as best you can.
Avoid Hydroplaning: When you steer, but nothing happens, you might be on black ice, or hydroplaning. When the water on the road lifts off your steering tires and you lose contact with the pavement it is called “hydroplaning.” Just ease off the gas and it should let the wheels grip again. If you feel unsure in the rain, consider a tire brand made for better rain disbursement.
Mechanical failures: If your car continues to accelerate uncontrollably, get the car out of gear. In a manual, simply press the clutch to the floor and brake. If you are in an automatic transmission, shift into Neutral (“N”) and brake. Your engine may be noisy, but your car is easier to replace than you are. Once stopped, you can shut the car off, and shift back into Park. If you lose brakes, follow the above steps to get the car out of gear, and trying pumping the brakes all you can as you come to a stop.
Sometimes, such as with a high speed brake failure, a car jacking situation or a head on drunk driver in your lane, you may even have to crash on purpose!
Hopefully, this information will never be needed in your home, but if you are teaching kids to drive, please simulate these emergency situations in a safe place. When panic sets in, you only have time for one reaction, so let’s make it the safest one.
Every twelve minutes, someone in our country perishes in a car crash. I help people with the results of accidents caused by others, but maybe this advice will save at least one life.
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Saturday, December 12, 2015
LOSS of LOGIC in Arguments
Logic has left the building
We need to teach logic in schools.
I know as an injury lawyer who argues for a living, I rely on logic
every single day. But I find the ability to structure reasonable arguments and
rebuttals in the average person has just about gone by the wayside.
As an example, there are logical fallacies that no one who has
studied logic would try to fall into. However they are so commonly used even on
news media, that they become commonplace.
One is called “false dichotomy.” And it sounds complicated, but it's actually
quite simple. It's the idea of presenting a false “either or” choice. An example: your child wants a $40,000 custom Jeep.
You explain to him that in no way, shape or form on this planet will he be
getting such a vehicle. He says that he has “to be able to get to college so I
guess I don't have a vehicle, so I just won't be going to college, because you
don't care about my higher education.” Well
clearly, there are other vehicles and other options out there other than this
elaborate jeep.
As an example, in the abortion debate, some will argue that if you
do not keep abortions free, easy to obtain and legal then everyone will have
back alley abortions and many women will die. Clearly, for the first 200
years of our country, abortions were illegal in most every instance and women
seemed to survive on the whole. I'm sure there were losses and no one denies
that. But it's not that simple in “either or” propositions either. There are
choices like raising the baby, adoption, and others that are not included in
this false dichotomy. So, regardless of where you stand on any issue, a
fallacious argument does not advance your cause at all.
“The strawman.” And example
of the strawman is taking your position to an extreme that you did not state,
and then warring against it. I made the comment that trained concealed carry
holders ought to be able to carry in more places to minimize gun free zones. I
made that argument based on the fact that all but one mass shooting has taken
place in a gun free zone. The person hearing this argument did not respond to
the argument I was proposing about trained concealed carry holders. They said, “if
people are walking around with 300 magnum rifles strapped across their chest in
every place I go I'm going to stay home.”
So when opposing concealed carry for trained individuals, this
person made an argument against open carry. No one was talking about open
carry.
Global warming or climate change is another emotional issue for
some. And we see both these instances used in those debates.
I am worried that our country has become so polarized and so
personalized, that people are unable to debate ideas anymore without getting
angry with the other person. And that's kind of what logic is supposed to do,
evaluate the ideas not so much the person who saying them. That is actually
another logical fallacy where you attack the person, called ad hominem attack.
Both sides do all these things in all these issues. There's no one
side that only argues logically. An ad hominem attack was made against Obama
for flying Air Force One and then a fleet of vehicles to a climate change
summit to reduce pollution
Now while that's clearly hypocritical, which is a valid character
argument against him, but it actually doesn't make an argument against climate
change. It makes an argument against his credibility.
Climate change actually involves two additional fallacies that are
used to support it. One is that “so many people seem to agree with man-made
climate change.” That is called an “appeal to population.” It's a popular opinion and a lot of people
agree with it, therefore it must be right. A related one is an “appeal to
authority.” If a whole bunch of
scientists agree on something, then it must be right. That's the reason that toothpaste
companies will run a commercial saying “four out of five dentists agree” on
something. That actually doesn't make it any more likely to be true, it just
makes it popular and a lot of authority figures agree with it. What if they ask
4 dentists to work for the company and the fifth dentist didn't? Would that not change the perception of whether
or not they were accurate?
The bottom line is that you're entitled to your own opinions and
feelings, but you're not entitled to your own facts. And the way you express
facts can be much more powerful if you address the actual argument rather then
either the person who's making it or an argument that someone hasn't made, or a
choice that is not necessarily involved.
Mr. Peel seeks justice for those injured in car
accidents, work place incidents, medical malpractice, and nursing homes. He
often addresses churches, clubs and groups without charge. Mr. Peel may be
reached through PeelLawFirm.com wherein
other articles may be accessed.
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Tuesday, December 8, 2015
Insurance Offers to Settle
Insurance offers to settle
Many times a client will be offered something by an insurance company prior to hiring me.
The other day I met with a new client who had been offered $1000 pain and suffering for an accident that happened only about six days before.
The client was still hurting and had not even had a full complement of tests yet. But the insurance company pushed and said they could deposit the money directly in the person's account within 72 hours. I imagine having $1000 you may not have been expecting deposited into your account could be tempting for the average person.
Obviously, it works at least some because the insurance companies are trying these tactics now. They know if they can get you to sign a release early in the case prior to meeting with an attorney, you will not get the medical treatment nor the legal advice that it will take to fairly present your case.
And even though you hire an attorney, there is still only a very low chance of actually going to trial. Good cases that are well worked up seem to settle fairly well. Sometimes mediations are handy to sort out issues and they often resolve cases. Further discovery such as doctors' depositions usually remove the doubt as to the client’s injuries.
As such, I can encourage you to seek legal advice following an accident that requires medical care. If it's a fender bender in the parking lot and no one is hurt that's fine. But if you have to spend time sleeping in a recliner, popping pills, hobbling around and worrying about missing work, that's not your fault. That's what insurance is there for. But sometimes they need help to see the value of your case. And if you choose to represent yourself don't be surprised if you get settlement offers that are not only low but also make no effort at all to fully compensate what has happened to you. The lowest level adjuster that you're dealing with is often only authorized to offer up to $1500 pain and suffering regardless of what your medical bills or other expenses are.
A concerned attorney will encourage you to seek treatment until you are feeling much better and then help you recover some of the losses from the accident. And although no one can guarantee any results in any specific case, the insurance companies actions show that they understand that attorneys cost them quite a bit more money. If they were being fair they would encourage you to go to an attorney and have their offer professionally reviewed.
Every now and then an insurance company makes a pretty fair offer. It's about the same rarity as the Congress making a great decision so don't count on it!
Many times a client will be offered something by an insurance company prior to hiring me.
The other day I met with a new client who had been offered $1000 pain and suffering for an accident that happened only about six days before.
The client was still hurting and had not even had a full complement of tests yet. But the insurance company pushed and said they could deposit the money directly in the person's account within 72 hours. I imagine having $1000 you may not have been expecting deposited into your account could be tempting for the average person.
Obviously, it works at least some because the insurance companies are trying these tactics now. They know if they can get you to sign a release early in the case prior to meeting with an attorney, you will not get the medical treatment nor the legal advice that it will take to fairly present your case.
And even though you hire an attorney, there is still only a very low chance of actually going to trial. Good cases that are well worked up seem to settle fairly well. Sometimes mediations are handy to sort out issues and they often resolve cases. Further discovery such as doctors' depositions usually remove the doubt as to the client’s injuries.
As such, I can encourage you to seek legal advice following an accident that requires medical care. If it's a fender bender in the parking lot and no one is hurt that's fine. But if you have to spend time sleeping in a recliner, popping pills, hobbling around and worrying about missing work, that's not your fault. That's what insurance is there for. But sometimes they need help to see the value of your case. And if you choose to represent yourself don't be surprised if you get settlement offers that are not only low but also make no effort at all to fully compensate what has happened to you. The lowest level adjuster that you're dealing with is often only authorized to offer up to $1500 pain and suffering regardless of what your medical bills or other expenses are.
A concerned attorney will encourage you to seek treatment until you are feeling much better and then help you recover some of the losses from the accident. And although no one can guarantee any results in any specific case, the insurance companies actions show that they understand that attorneys cost them quite a bit more money. If they were being fair they would encourage you to go to an attorney and have their offer professionally reviewed.
Every now and then an insurance company makes a pretty fair offer. It's about the same rarity as the Congress making a great decision so don't count on it!
Labels:
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HEADLINES: Going Deeper
Headlines
We've all heard the saying "the Large print giveth the small print taketh away"
And as a principal of contract law, that is pretty accurate.
But there's another thing that takes away and that is the largest print: The headline.
Let me give you an example. John DeLorean is known for his pioneering style in creating the DeLorean DMC 12 automobile. While underpowered, it's stainless steel construction in going doors made it unique among all automobiles.
Unfortunately, he was arrested and tried and was unable to see success as a car manufacturer. He was actually exonerated in the trial from what I understand; however he was convicted in the court of public opinion. His car company did not survive.
It goes the other way as well. O.J. Simpson was found not guilty of killing his wife and a young man with her. However in my mind and I think the mind of most thinking individuals, he is guilty as sin. One doesn't have to look very far to realize that it takes an act of utter rage to stab people through their skulls. Clearly that was not a robbery. It was spurned love turned to rage.
Oddly, in the civil trial he was found responsible for the killings. But either way he was so burdened by public opinion he was never able to do a lot more with his persona. That is until he was actually arrested and convicted of a messy attempt at gaining back some of his memorabilia that had been lost.
There's a saying in journalism that says something like the assertion is on the front page and the retraction is on page 4. And that is what is so sad about public opinion. There are narratives (like climate change) and if an act seems to fit into a narrative, it just gets swept up in that.
My favorite example is the McDonald's hot coffee case. Everyone sees that term and rolls their eyes collectively at the ridiculous amount that this woman who was dialing the wheel of jackpot justice just got awarded. But they don't look at the facts underneath the case. They may or may not ever agree with the case, but they haven't done enough fact checking to even make an opinion about it in my opinion.
It is not an educated man's position to simply parrot what other people say without checking it out. That is what sheep do. They follow the leader. Educated people are designed to be the leaders, the leaders in thought and action.
If you look further into the facts of Miss Stella Liebeck's case against McDonald's, you may determine that actually she didn't receive much of anything and there was a grave injustice to her by the people at McDonald's who were putting profits ahead of people. It wasn't as simple as one might think. So that brings up the idea of thinking. An educated person must look at the facts underneath an assertion and determine whether or not they hold up. But that takes mental effort. I'm afraid as an American consumer, we are used to other people doing the thinking for us. It's so easy to Google it or check Wikipedia that we don't make a lot of our own findings.
You can see that very clearly with the gun-control debate. Every time there is a mass shooting that fits the narrative, it is trumpeted as another failure of gun control and the need of many more restrictions upon law-abiding people. If you look underneath that, you might find that if there were guns in the gun free zone more shootings would be stopped in two seconds. After all that's why the police arrive there with their guns, to stop the shooter. Wouldn't it make sense if there were someone already there with the guns to stop a shooter? Since you can't get rid of all guns it makes a lot more sense to stop gun free zones so that criminals cannot pick off defenseless victims like ducks at a shooting gallery.
The French have really strong gun control. SWAT teams were able to get into that theater thirty-one minutes after people were being executed. It reminds me of the old saying "when you need help in seconds police are only minutes away".
I challenge you, my loyal reader, to make decisions only after you've looked into the assertions and the foundations that underlie them.
Mr. Peel seeks justice for those injured in car accidents, work place incidents, medical malpractice, and nursing homes. He often addresses churches, clubs and groups without charge. Mr. Peel may be reached through PeelLawFirm.com wherein other articles may be accessed.
We've all heard the saying "the Large print giveth the small print taketh away"
And as a principal of contract law, that is pretty accurate.
But there's another thing that takes away and that is the largest print: The headline.
Let me give you an example. John DeLorean is known for his pioneering style in creating the DeLorean DMC 12 automobile. While underpowered, it's stainless steel construction in going doors made it unique among all automobiles.
Unfortunately, he was arrested and tried and was unable to see success as a car manufacturer. He was actually exonerated in the trial from what I understand; however he was convicted in the court of public opinion. His car company did not survive.
It goes the other way as well. O.J. Simpson was found not guilty of killing his wife and a young man with her. However in my mind and I think the mind of most thinking individuals, he is guilty as sin. One doesn't have to look very far to realize that it takes an act of utter rage to stab people through their skulls. Clearly that was not a robbery. It was spurned love turned to rage.
Oddly, in the civil trial he was found responsible for the killings. But either way he was so burdened by public opinion he was never able to do a lot more with his persona. That is until he was actually arrested and convicted of a messy attempt at gaining back some of his memorabilia that had been lost.
There's a saying in journalism that says something like the assertion is on the front page and the retraction is on page 4. And that is what is so sad about public opinion. There are narratives (like climate change) and if an act seems to fit into a narrative, it just gets swept up in that.
My favorite example is the McDonald's hot coffee case. Everyone sees that term and rolls their eyes collectively at the ridiculous amount that this woman who was dialing the wheel of jackpot justice just got awarded. But they don't look at the facts underneath the case. They may or may not ever agree with the case, but they haven't done enough fact checking to even make an opinion about it in my opinion.
It is not an educated man's position to simply parrot what other people say without checking it out. That is what sheep do. They follow the leader. Educated people are designed to be the leaders, the leaders in thought and action.
If you look further into the facts of Miss Stella Liebeck's case against McDonald's, you may determine that actually she didn't receive much of anything and there was a grave injustice to her by the people at McDonald's who were putting profits ahead of people. It wasn't as simple as one might think. So that brings up the idea of thinking. An educated person must look at the facts underneath an assertion and determine whether or not they hold up. But that takes mental effort. I'm afraid as an American consumer, we are used to other people doing the thinking for us. It's so easy to Google it or check Wikipedia that we don't make a lot of our own findings.
You can see that very clearly with the gun-control debate. Every time there is a mass shooting that fits the narrative, it is trumpeted as another failure of gun control and the need of many more restrictions upon law-abiding people. If you look underneath that, you might find that if there were guns in the gun free zone more shootings would be stopped in two seconds. After all that's why the police arrive there with their guns, to stop the shooter. Wouldn't it make sense if there were someone already there with the guns to stop a shooter? Since you can't get rid of all guns it makes a lot more sense to stop gun free zones so that criminals cannot pick off defenseless victims like ducks at a shooting gallery.
The French have really strong gun control. SWAT teams were able to get into that theater thirty-one minutes after people were being executed. It reminds me of the old saying "when you need help in seconds police are only minutes away".
I challenge you, my loyal reader, to make decisions only after you've looked into the assertions and the foundations that underlie them.
Mr. Peel seeks justice for those injured in car accidents, work place incidents, medical malpractice, and nursing homes. He often addresses churches, clubs and groups without charge. Mr. Peel may be reached through PeelLawFirm.com wherein other articles may be accessed.
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Monday, November 9, 2015
Distracted driving
Driven to Distraction
As an injury attorney, I see many accidents caused by distracted driving. Here are some of the biggest distractions:
1. Passengers. Passengers are distracting, especially to teens who sometimes tend to look at their passengers as they talk. Teen distraction by other occupants is the reason why they are limited under the current Tennessee graduated driver’s license scheme. Children seeking attention are particularly distracting to parents driving.
2. Cell Phones. However used, some amount of attention is diverted, if only momentarily, to the phone. In Tennessee, it is not yet illegal to talk on the cell phone while driving. Dialing a hand held is akin to texting. Some states require hands-free usage only. This still requires mental attention.
3. Texting. Texting while driving is among the most dangerous activity. This is thought to be because it requires your eyes, your fingers and your mental attention. It is thus impossible not to look away from the road on a non-hands-free system. On average, a person looks away about four seconds per text. At 60 miles per hours, this takes you down the road a football field length or so!
4. Grooming. Lipstick application, grooming and mirror-checking is best left to stop lights.
5. Eating and drinking. It takes some attention to grab and dip each fry. I have even seen a guy eat a large bowl of cereal on the interstate.
6. GPS devices. Inputting information is basically texting.
7. Rubber-necking. This derisive term is applied to the inevitable accidents that occur in the lanes near an accident scene as people slow down to take a morbid look at the carnage. Deer, bear, coyotes, cougars or turkey near the road can also cause a pile up.
8. Stuff. Dropping things, like a cell phone, lip balm, or a map inevitably leads to the blind fumbling for it. Often, when you look back up, you may only see brake lights.
9. Pets. Fido has no regard for your safety, he just wants to be in your lap.
10. Sneezes. Some folks have caused accidents as they involuntarily closed their eyes while in a sneezing fit.
11. Bees or insects. Nothing is more distracting than a wasp on your nose or a spider on your face. One lady just jumped out of her car and the unpiloted auto kept giving the bee a ride while the former driver ran behind it and watched it drive into a tree. The bee appeared unhurt.
Share this with those drivers you care about.
As an injury attorney, I see many accidents caused by distracted driving. Here are some of the biggest distractions:
1. Passengers. Passengers are distracting, especially to teens who sometimes tend to look at their passengers as they talk. Teen distraction by other occupants is the reason why they are limited under the current Tennessee graduated driver’s license scheme. Children seeking attention are particularly distracting to parents driving.
2. Cell Phones. However used, some amount of attention is diverted, if only momentarily, to the phone. In Tennessee, it is not yet illegal to talk on the cell phone while driving. Dialing a hand held is akin to texting. Some states require hands-free usage only. This still requires mental attention.
3. Texting. Texting while driving is among the most dangerous activity. This is thought to be because it requires your eyes, your fingers and your mental attention. It is thus impossible not to look away from the road on a non-hands-free system. On average, a person looks away about four seconds per text. At 60 miles per hours, this takes you down the road a football field length or so!
4. Grooming. Lipstick application, grooming and mirror-checking is best left to stop lights.
5. Eating and drinking. It takes some attention to grab and dip each fry. I have even seen a guy eat a large bowl of cereal on the interstate.
6. GPS devices. Inputting information is basically texting.
7. Rubber-necking. This derisive term is applied to the inevitable accidents that occur in the lanes near an accident scene as people slow down to take a morbid look at the carnage. Deer, bear, coyotes, cougars or turkey near the road can also cause a pile up.
8. Stuff. Dropping things, like a cell phone, lip balm, or a map inevitably leads to the blind fumbling for it. Often, when you look back up, you may only see brake lights.
9. Pets. Fido has no regard for your safety, he just wants to be in your lap.
10. Sneezes. Some folks have caused accidents as they involuntarily closed their eyes while in a sneezing fit.
11. Bees or insects. Nothing is more distracting than a wasp on your nose or a spider on your face. One lady just jumped out of her car and the unpiloted auto kept giving the bee a ride while the former driver ran behind it and watched it drive into a tree. The bee appeared unhurt.
Share this with those drivers you care about.
Thursday, November 5, 2015
Record Setting Result
The offer to my client before I was hired: $400.00 "For what you've been through," they said.
I was hired, filed suit and just a little over a year later:
The offer from that same insurance company was $40,000.00.
100x is the difference and that multiple is a new record. I have handled lots of cases that resulted in far more than $40,000.00 and many over $400,000, but the multiple difference of the $400 offer becoming $40,000 is amazing.
Remember that when an insurance company claims that their offer is "all you will ever get."
I was hired, filed suit and just a little over a year later:
The offer from that same insurance company was $40,000.00.
100x is the difference and that multiple is a new record. I have handled lots of cases that resulted in far more than $40,000.00 and many over $400,000, but the multiple difference of the $400 offer becoming $40,000 is amazing.
Remember that when an insurance company claims that their offer is "all you will ever get."
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