Author Archives: lemonprotection

About lemonprotection

GM Craftsman, ASE Certified, Detroit Diesel Certified, Hybrid Toyota, Honda and Ford Training and a Certified Trained Appraiser with over 30 years of hands on experience. I started lemon protection in 1984 and own the TM in the whole United States of America. I have written several books on cars and one about inventions. I have been on TV and Radio several times with consumer reporters. An attorney in Los Vegas NV has just caused State Farm to back down when using my new report and was given 4.5 time the original offer.

Abortion over Adoption but NO Funeral, Ever seen a Baby in Jars after Dissection ?

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Yes, it happen every time a Baby is Aborted.

Harass Approved Abort the Baby, why when it can be adopted, your Vote is worth more to her than the life of a Healthy Baby.

Ladies may I just ask this question and then ask if the option are acceptable to you. But first I just want to be honest and say I think any woman having an abortion because she is made at her lover or husband or just want to be hateful and show some-one she can do what she wants to, out of hate or to be spiteful.

When a woman dose it under those condition she is committing Murder and should be punished or made to never have another child. That is a live human and our VP does not care any for those live healthy babies she says to Abort. God was clear “Do not Hurt the Little Ones” they belong to God.

First, some friends both are Elder at 70 yo and never had children, were coming into middle age when they married. He worked on the road all the time and just retired but never had children, they did want a Baby and continue to try until the Doctors said forget it.

One thing to know is many people who can’t have children want to adopt a new born baby and can’t because there to many other people waiting and wanting them.

Ladies if you had a choice to make money for carrying that baby and be well taken care of, would you go full term and deliver it for adoption for a couple over Adoption?

The new family can care for you and the baby, they can care for you through that term and then give to you living expense after the adoption is over to help you out for the next 9 months as if you were working since you allowed them to care for you and the Baby up to birth so they can Adopt it.

Aborting a Baby because it is your body is not a good reason to Abort a Baby who has a healthy heart and is in good physical condition. A child that can grow and care for you when you get old, if you had a hard life, help your Baby have a better life.

What happens after the Abortion, do you really know?

I girlfriend had one 35 years ago and the effects of that will hit her later on when she having that desire to have a child. Worst yet, when you know what really happens to your Baby who was Health and had a good Heart beat when you got that Abortion, it will make you very sick depressed.

Abortion Process;

  1. You are laid on a bed with stirps where you place your feet in them and then the Doctor looks at you.
  2. The Doctor uses a metal knife made special for this, he or she makes a cut in the sack where the baby is protected and then it falls out into a bucket or pan on the floor.
  3. A nurse or another person will take the baby in the bucket or pan and then rush into another room out of your site where it is placed on a cold metal table for dissection.
  4. You are told by the caring Nurses you did a really good job as they clean you up and watch for bleeding, if all is well, they walk you out of the office telling you to rest a few weeks before going back to doing what you want to do.
  5. Back in the other room where your healthy Baby with a good Heart Beat was laid onto a cold table, dissection starts with a clean sharp knife so to cut the baby apart.
  6. The Baby may be held down by his face with someone hand over it while another person cuts the chest open into a “Y” section extending from the Left and Right Shoulder to the Center of chest followed by one long cut down the middle of the stomach to the navel, this is to make it easy to harvest your baby’s body parts.
  7. The skin is peeled back and clamped out of the way and then the body parts are pulled up so to be cut and then put into a jar of fluid to be sold. The baby’s heart was still beating when it was removed and put on ice before its parts are delivered to its purchaser.
  8. Did you know when that baby come out it was wanting his mother to hold it and feed it but it was dissected instead thanks to the Harass  campaign telling women she can do what she want to “Its her Body”, right kill healthy Babies.

Have you ever been to the Funeral of an Aborted baby? No because there are none.

There is no Funeral for your Baby, no viewing to say good, you are free to do what you want to do now

As VP Harass says loud and clear “It is your body and you can do what you want to with it” just know that Healthy baby did not have to die because VP Harass says so.

When you stand before God have a good answer as why you Aborted a Healthy baby because someone who cared nothing for you says you can?

You may hear God say “Is VP Harass your god”? Enter into the gates of Hell where you belong.

Ladies think about the Abortion and the price you will pay after having it. If you choose not to abort, there are many homes willing to Adopt and support and help you. After the baby is born, they can help you to move on.

Please consider not Voting for Harass. Think of the Child she cares nothing for and is willing to allow Abortion of those healthy heart beating Babies, it is your decision, the next time you think of a child in a woman womb think of it falling out into a bucket and then Dissected while it lives.

There are the children of God and a gift to mankind. If you are Christian or not and Voter for VP Harass, you are telling God his creation is not worth the Vote.

Thank you for your time and please spread the word “Don’t Abort if there is no Medical reason”.

Thank you,

Jackie Winters

What Happens to a Baby after it is Aborted? I have some Question Please.

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When a woman walks into a Clinic to have an Abortion with no medical reasons but to just abort the child?

Did she have any counseling before she made that final decision to abort?

Has VP Harass offered any Counseling for those who think they want to get Abortions? 

Has VP Harass set up any help centers for women having Abortion concerns with but no one to talk to before deciding on an Abortion, helping the woman make the right decision and not one out of fear?

Did VP Harass offer to help you have the baby so it can be Adopted after birth opposed to Aborting it?

Has VP Harass explained to you what happened to that Aborted baby after it falls out of you?

After the Baby drops out of the woman it falls into a pan or bucket and then the Baby it is rush into another room where it is quickly dissected. The chest is open up and the skin is held back, the heart, lungs, kidneys and other need part are removed for sell.

VP Plan for Aborted Babies,

  1. The woman has the right to do as she pleases with her body.
  2. The woman has the right to Abort her baby if pregnant even if it is healthy? 

Abortion is Poor advise by the VP Harass … Own Your Own Body Attitude … forget the kid and what happens to it, don’t worry about how you will feel later, you will get over it, maybe? No worry to you, after it drops out into a bucket it is quickly Dissected and sold for Medical study.

  • Ladies are you really willing to Vote for Harass just to have the right to kill your healthy Baby?
  • Will that make you feel good and make make you happy for the child God allowed you to have.
  • Have you thought about the Child you gave permission to have dissected, sold for money and how you paid to be used by those people?

Do you want to be told it is your body and you can do what you want to with it and most women do anyway so to make you feel good.

Why be made feel good so others can use your body to make money off of and then decide you don’t want the child you were given so you Abort it. Adoption is easy and better that letting someone dissect your Baby. Harass don’t Care one bit about you or any Baby.   

Don’t listen to VP Harass a woman who cares nothing for you, she did nothing for anyone for 2 ½ years as VP until she wanted to be President. She is now using you; she has done nothing for any of you except make you feel happy with her empty words. 

Can anyone name 3 things Harass has done for America that has helped anyone?

Funny I have asked so many Democrats that same question they all have the same thing to say, “Let me check and see what I can find on that”. 

        I have never got anything other than made up lies because of their Pride.

And now Mr. Obama telling black men to vote for Harris is Racist and Discriminatory. No Honorable President has ever told white people they must vote for me because I am white. And Mr. Obama doing it doesn’t raise Alarm.

Just remember all the White people that Voted for that Racist who has proven he was not worthy to have been President of the United States and Ms. Harass is just as Racist as Obama in her support of him and neither are worthy to even walk on the White House Dung pit.

As a Voter no matter your color I ask you to Vote for the Country and not for a person because of the color just so she can say I am the first Black to be President.

Jackie Winters

2022 Honda Civic Safety Defect – Lane Keep Assist System (LKAS)

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The Honda Owner’s Manual states: “The LKAS may not work properly or may work improperly under the certain conditions”.

Think about that – Honda has a safety system, and I assume it wants us to use and rely on it, yet it then states in the huge handbook with 772 pages in total (incidentally, the salesman did not tell my customer about this) that it “may not work properly.” Isn’t that unbelievable?

Ever think about buying a new vehicle so that you can have the comfort and reliability of it not breaking down when you need to be somewhere on time? Many have done just that, and the woman (my customer) who did just that, whom this article is based on, was deceived like many others were when she purchased a new 2022 Honda Civic Sport. This woman has allowed me to drive her new 2022 Honda Civic Sport many times with her to verify the unsafe driving condition when using the Lane Keep Assist System (LKAS) on the freeway.

The LKAS safety system sometimes does not work properly (as confirmed in Honda’s own handbook), which could cause an accident, property damage, and or injuries.

Honda knows about this Safety Defect with the LKAS, but when the customer complained about this problem, Honda service states it is normal operation. In fact, the system makes the vehicle unsafe, and Honda knows about this safety issue even though its salesman did not disclose this important fact and known defect to this one new customer. It is buried in the huge Honda handbook – but the Question is: How many Honda customers are able to read the entire handbook, and do it before driving their new Honda? Perhaps it is less than one percent?

When customers complain about the LKAS problem, Honda Dealerships may admit there is a problem. But they refused to write anything on a repair order for my customer when this matter was complained about at a Honda dealership.

I am here to disclose that the Safety Defect Honda states it is normal operation, but unless asked to inform and acknowledge anything about it, they refuse to tell you it can cause you to lose control at high speeds. Imagine losing control of your new Honda at a high speed!

The LKAS is supposed to let you know if you drift out of the lane with a vibration in the steering wheel and give the vehicle a slight nudge back into the lane; a light will also show up on the instrument cluster.

The problem is with some 2022 Honda Civic Sport vehicles, the vehicle will improperly and unsafely change lanes by self when following ghost lines or road color change. The one Honda Civic I have tested has done that very thing and will actually at times try to pull you into the side of an 18-Wheeler Truck when passing one on the freeway (this occurred on I-5 N, a good freeway). It will actually try to drive the vehicle for you – and do it unsafely!

In the Honda Owner’s Manual 2022 Civic Sedan (at pages 584 to 587):

LKAS Conditions and Limitations
The system may not detect lane markings and therefore may not keep the vehicle in the middle of the lane under certain conditions, including the following:

Environmental conditions
• There is little contrast between lane lines and the roadway surface.
• Driving in bad weather (rain, fog, snow, etc.).
• Driving on a snowy or wet roadway.
• Driving into low sunlight (e.g. at dawn or dusk).
• Shadows of adjacent objects (trees, buildings, guard rails, vehicles, etc.) are parallel to white (or yellow) lines.
• Sudden changes between light and dark, such as the entrance or exit of a tunnel or the shadows of trees, buildings, etc.
• Driving at night or in a dark place such as a tunnel (due to low-light conditions, lane lines or the road surface may not be illuminated).
• The distance between your vehicle and the vehicle ahead of you is too short, and lane lines and the road surface are not visible.
• Strong light is reflected onto the roadway.

Roadway conditions
• Driving on a road with temporary lane markings.
• Faint, multiple, or varied lane markings are visible on the roadway due to road repairs or old lane markings.
• The roadway has merging, split, or crossing lines, such as at an intersection or crosswalk.
• The lane markings are extremely narrow, wide, or changing.
• Part of the lane markings are hidden by an object, such as a vehicle.
• The road is hilly or the vehicle is approaching the crest of a hill.
• Your vehicle is strongly shaken on uneven road surfaces.
• When objects on the road (curb, guard rail, pylons, etc.) are recognized as white (or yellow) lines.
• Driving on rough or unpaved roads, or over bumpy surfaces.
• Driving on roads with double lane lines.
• Driving on snowy or slippery roads.
• The pavement is only partially visible due to snow or puddles on the road.
• There is a film of water or puddles on the road surface.
• White (or yellow) lines are not recognized correctly due to road conditions such as curves, twists, or hills.
• Driving on unpaved or nutted roads.
• Passing through an exit or an interchange.

Vehicle conditions
• When lighting is weak due to dirt covering the headlight lenses, or there is poor visibility in a dark place due to the headlights being improperly adjusted.
• The front of the camera is covered by dirt, fog, rain, mud, wet snow, seals, accessories, stickers, or film on the windshield.
• Driving at night or in a dark place (e.g., a tunnel) with the headlights off.
• There is residue on the windshield from the windshield wipers.
• An abnormal tire or wheel condition (incorrect sizes, varied sizes or construction, improperly inflated, compact spare tire*, etc.).
• The vehicle is tilted due to a heavy load in the trunk or rear seats.
• The suspension has been modified
• Tire chains* are installed.
*Not available on all models

That is quite a long list! With all these limitations stated in the Honda handbook but not discussed at time of purchase, is this a safe system? Of course not!
– – – – – – – – – – – – – – – – – – – – – –
By the way, there is another problem that occurs on this 2022 Honda Civic Sport I have tested, and that is the high-speed torque at 75 mph when driving with traffic; the vehicle has high speed torque. The vehicle steering torque makes it pull left and right inside the lane like it is fighting itself. I reported this to the Honda Dealerships, and they said all is normal.

From the Honda Owner’s Manual, page 579 states: “If the vehicle drifts toward either left or right lane line due to the system applying torque, turn off the LKAS and have your vehicle checked by a dealer,” The owner did report that concern but was told there is no problem found and that it is working as designed. Working as designed? Incredible!

There is some good news: If the road conditions are good, you can use the system according to Honda Owner’s Manual:
“When the System can be Used” – as long as the road is in perfect condition, sunny and mild, flat and straight roads.
The system can be used when the following conditions are met. (on page 579)
• The lane in which you are driving has detectable lane markers on both sides, and your vehicle is in the center of the lane.
• The vehicle is traveling between about 45 and 90 mph.
• You are driving on a straight or slightly curved road.
• The turn signals are off.
• The brake pedal is not depressed.

Advice given by two (2) Honda Dealership Service Advisors at two (2) separate and different Honda Dealerships is to turn the LKAS off. Both service advisers said they witnessed the problem with their own family vehicles. One of the service writers said, she drives with hers turned off, and I responded, yes, we can do that, but we are paying $3,000 (estimated) for the use of it on our new vehicle. The second service writer at another Honda Dealership told us he does not allow his wife to drive her new 2022 Honda with the LKAS on but makes her drive with it off.

If you have or know of a similar problem and want some help, you can get help at a law firm I contacted, who may be doing a Civil Lawsuit to help us. Remember, this LKAS costs us a lot of money, and much worse can cause injury and or damage, and not being able to use it and not advised of that fact before or at time of purchase is unfair business practice at our expense.

The problem you have just read about is the same problem that my customer has complained about. Currently, there is no known fix for this Lane-Keep-Assist-System problem according to Honda service advisors.

What can you do to get help with your defective LKAS in your 2022 Honda Civic Sport?

Call Carey at Bisnar & Chase Law firm or send me an email. They would like to speak to you about that defect, a potentially serious defect that could cause you to have loss of control of your vehicle and possibly get you into an accident.

Bisnar & Chase Law
800.956.0123 | 949.752.2999
Ask for Carey Lynn regarding the 2022 Honda Civic Sports Civil Case

If you own a 2022 Honda Civic Sport or Sedan, be careful; drive safely with both hands tightly gripped on the steering wheel. Also, spread the word now, and if you have any questions or prefer to contact me, please send me an email at lemonprotection@yahoo.com.

Thank you all,
Jackie Winters
Lemon Protection

Won, $5090 for Diminished Value LA Court

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January 07, 2022 Diminished Value

My name is Jackie Winters and I am a Diminished Value Expert. Today we won another Diminished Value case for a total of $5,090 for a rear end collision.

After we met at the court and went over the file I had prepared and I had prepared a brief for the Judge, this gives him an overview he can read in a matter of seconds and know exactly what happened. We walked into the court house and went into the room for the Judge to judge my client’s case for a rear end collision the Ins Co are refusing to pay.

Everyone in the court room is ask to go outside and try settle the case, some do settle but my clients case did not so we had to stand before the Judge and present his case.

We walked up to the desk in front of the Judge when his name was called and the Judge ask why was he here? My client said Your Honor I am here for my loss of value caused by the defendant when he rear ended my car.

The Judge ask the Defendant was the accident your fault and the Defendant answered “Yes Sir”.

The Judge then ask my client how the accident happen and he said “I was at a stop sign when the Defendant rear ended me”, the Judge then ask about the Diminished Value report and my client ask the Judge of I could speak for him about the Diminished Value and the Structural damages and the Judge said yes.

The Judge ask me about the Diminished Value report I wrote for James and after my explanation of it and how we come to get the numbers he agreed it was accurate and he admitted it into the court, he also asked me about the damages and what had happened. After I explained the report and why the car cannot be made whole, he said I  will give you my decision in 5 to 7 days.

Seven days later I got a call from my client James and he said we won the case for the full amount ask for, he was only allowed to ask for $5,000 since he owned a Car Lot and the car was for sale, so $5,000 is the limit he can ask for, all other claims can ask for up to $10,000 for loss of value.

Even though we won, I do expect the Ins Co to appeal the case in hope my client will back down, most people think you need an attorney for Superior Court but not here, I was the client speaker given permission by the client and agreed by the Judge and he allowed me to speak about the Diminished Value and the Structure damage done in the accident, the car was rear ended and required some panel to be replaced and that is structural damage and the car will never be made whole again as it was and we proved that fact.

Remember if you get in an accident not your fault, you are entitled to get Diminished Value for your loss, all you go to do is prove it and remember most Ins Co will appeal the case and you do not need an attorney to go to court with you in Superior Court when they appeal your case, we have won all Superior Court Cases so far.

Good Luck and tell a friend,

Jackie Winters

Lemon Protection

Diminished Value Claim, Does the Pro-Temp Judge Know the Law?

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Diminished Value, when you go after it, most likely you will be forced to go to Small Claims court and will end up in Superior Court. This in order to get the money the CA Law states you are entitled to get as long as the accident was not your fault and the vehicle has been repaired.

You will have a loss of value when you sell or attempt to trade it into a Dealership, the loss will be anywhere from 10% loss to as much as 90% loss, 80% loss is the industry standard maximum allowable damage before a vehicle should be Totaled out or Junked out.

Some shop will work it so the 80% will not matter as long as they get the work, they will give a lower estimate of repairs and then after the vehicle has used that estimate of repairs a new estimate of repair may be given pushing the 80-% off the scale, your loss their gain and  it is your loss when a vehicle should be Totaled and junked out but not and repaired.

Truth is, not all Judges you stand before are real Judges but what is called a Pro-Temp Judge who does know or may not know the law listed as 3903J Jurors Instruction and will not apply it even as it is the law. 

I met one Pro-Temp Judge who is an embarrassment to the law. On my Diminished Value case he laughed at it with the Ins Co man and we lost the case. This Judge refused to acknowledge the 3903J Juror’s instruction to give Diminished Value, he sided with the Ins Co man over the law and agreed with him as Diminished Value being a Stigma, he was wrong. That is the reason you can lose your case as I have personally witnessed, I should have taken the advice and files a complaint against him but he is so old he would likely be dead before the filing went through and I don’t see the need to but a black mark on his records this late in his life.

First let me explain the law states it very clear that you are entitled to get Diminished Value when you are in an accident not your fault and your vehicle is repaired. This law 3903J backed by CA1 and CA2 is making sure the Judge knows the plaintiff is to get that Diminished Value when the accident in their your fault and the vehicle has been repaired. This law can be verified by searching the courts information on line.

I have prepared many Diminished Value report for people as far away as N.Y., NV, AZ and CA from 65% in NV to 75% in NY and 80% in CA for loss of value. The Diminished Value loss determined by each states anywhere from 65% as much as 80%. I have been doing this work mostly for law firms.

So far all of our cases won in Small Claims Court but one and all in Superior Court all in CA where we went to court for the clients. The one and only case we lost was due to a Judge in San Jose, CA who made a joke out of Diminished Value and laughed at us with the insurance adjuster calling it a Stigma. The Pro Temp Judge was an embarrassment to the courts and good attorneys so be aware of whether or not he knows the 3903J laws.

My point is if the Judge does not know to enforce 3903J, you have the right to ask to go in front of a real Judge who does know the law and will enforce it.

Here is the Judge’s, jurors instruction to the Jury 3903J:

Damage to Personal Property (Economic Damage) [Insert number, e.g., “10.”] The harm to [name of plaintiff]’s [item of personal property, e.g., automobile]. To recover damages for harm to personal property, [name of plaintiff] must prove the reduction in the [e.g., automobile]’s value or the reasonable cost of repairing it, whichever is less. [If there is evidence of both, [name of plaintiff] is entitled to the lesser of the two amounts.] [However, if you find that the [e.g., automobile] can be repaired, but after repairs it will be worth less than it was before the harm, the damages are (1) the difference between its value immediately before the harm and its lesser value immediately after the repairs have been made; plus (2) the reasonable cost of making the repairs. The total amount awarded may not exceed the [e.g., automobile]’s value immediately before the harm occurred.] To determine the reduction in value if repairs cannot be made, you must determine the fair market value of the [e.g., automobile] immediately before the harm occurred and then subtract the fair market value immediately after the harm occurred. “Fair market value” is the highest price that a willing buyer would have paid to a willing seller, assuming:

1. That there is no pressure on either one to buy or sell; and

2. That both buyer and seller have reasonable knowledge of all relevant facts about the condition and quality of the [e.g., automobile].

When we at Lemon Protection write a Diminished Value report we make sure to cover each thing the court requires to prove your case and if we go to court with someone as their expert we prepare a Brief for the Judge so he will have a clear understanding of your Diminished Value. 

Good Luck, let someone know there is help and they are entitled to get Diminished Value, any question let me know,

Jackie Winters

Lemon Protection

How to Catch Fake E-Mails that look like they are real but are not

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I have gotten some fake e-mail from thieves and like many did open their e-mail and then realized it was fake, in the past I did lose my ID and pray you don’t so I pray this information will help you.

I have recently found how they do and do it all right in front of your eyes in the open.

Here is how the thieves get you to open their e-mail so they can rob you, it is so simple but I will show you how to tell a fake address when you get one, you may need a magnifying glass or some good strong glasses or do a copy and paste to see if you can find it there on the e-mail.

The e-mail address that is fake and one that is real.

  1. Real E-Mail Address       JoesBankinAmerica.com
  2. Fake e-mail address JoesBankinAmerica.com NOTE: After the .com the rest of the e-mail address is in light gray so it can’t bee seen. On my computer I was able to copy and paste the e-mail address and then I changes the color of the full address and what is followed by it and turned it all blue and everything showed up. I can’t do that on this site but when you get an e-mail you are not sure of, look at the end of the e-mail address and look close. It may have a light grey address that direst your information to them and not your bank or wherever you do business at. Here is the full FAKE Address attached at the end of the fake e-mail         JoesBankinAmerica.com/gotomyaddresssoicanroband steelfromthem/@robmail.com the last part is the extension.

Try highlight the e-mail address and extend the copy, then past it onto Word and then change the colors of the e-mail address and you will see all of the fake address.

I went to googles to find this info with an address to the Gov span dept.

You can report spam to www.ftc.gov/complaint. Please especially report any scam that started with an email and resulted in you losing money. The Federal Trade Commission receives about 300,000 samples of deceptive spam – forwarded by computer users – each day, and stores it in a database. July 28, 2004

Fake e-mail address will rob you so be careful and report it and watch you do not get caught in it, God bless you all and pass this on if it helps you.

Jackie Winters

lemonprotection.com

Vehicle Diminished Value and Collecting Your Money

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The Truth about Vehicle Diminished Value and Collecting Your Money is a secret the Insurance Companies do not want you to know.

Getting your money is not as easy as it sounds; when in fact some people gave up because of how the Insurance Companies gave them the run around when asking for their loss of value, the law called it “Diminished Value”.

When you have an accident that is not your fault and the vehicle is repaired, it is not perfect and the mechanic knows that, but it is very close to it and will work just as well for the most part.

Here is a case I did and like I do in all cases, how it happened and what the steps my client had to take in order to get his money.

First, he was rear ended by a man who was texting while driving.  That rear-end collision caused him to be injured and his car incurred over $17,000 in damages.  This was a 9 year old BMW with a Kelly Blue Book value pre-collision of $21,000.

After several weeks of waiting for his car to be fixed he finally got back his car. It looked very nice, in fact they painted the whole car so it looked the same all over in color; the color will fade a little as time passed.

A few months later he had a blowout in the rear of the car because of excessive tire wear and had to get new tires.  He did not realize the tires had excessive wear and this is caused by improper alignment setting on the steering alignment parts that keep the wheel alignment in line so not to wear the tires.

He was told he needed a wheel alignment very bad so he gave permission for the Technician to align his car wheels after the new tires were put on.

He got the print out and it showed the green arrows in the acceptable zone of the charts and was told it looks like the car was hit in rear. They were able to get the alignment into the safe acceptable zone and should be fine.

After six months of driving and 7,000 miles later, he noticed his tires were showing uneven tire wear so he went back to the alignment shop and asked them to recheck their work.  They said it is as close as they can get the alignment and he was advised by them of that accident damage.

This is when he saw the work done on the body repairs were not perfect.  So he went back to the body shop and was told everything is just like it was before the accident and they can’t do any more for him.

He called the Insurance Company and they said to go to an alignment shop and get it aligned because the body shop said you must have hit something in the road causing this out of alignment problem.

His next step was to try to sell it or take it in for a trade-in and just take the loss.  The Insurance Company said the car was repaired to original and it is worth the full $21,000 shown in Kelly Blue Book.

He took his car to BMW for a trade-in on a new BMW expecting to get the full $21,000 dollar value used on his trade-in. After an inspection was done, the offer on the Kelly Blue Book value of $21,000 dollars was only $5,000.  He asked why is this low offer and he was told the car was in an accident; it has structural damage, it also has a bad Car Fax Report on it.  He turned down the offer and left, very discouraged.

He was telling a friend at a lunch in his office about what happened.  They told him about Diminished Value and recommend him calling someone who can prove Diminished Value; get a Diminished Value Report that can show the actual loss of value and then show that to the Insurance Company and see if he can get that loss of value.

He called around to several law firms and the Personal Injury Law Firm of Gary Walch in Calabasas, CA recommended him to call Lemon Protection and asked for Jackie Winters who specializes in Diminished Value. I do Diminished Value Reports and worked with several law firms in CA, NV, AZ and OR as an expert, now for over 15 years in Lemon Law, Fraud and Appraisal Values.

When I got his call, he told me what he has been through and is hoping I can help him with getting his loss of value. I asked him to send me all of his Estimate of Repairs including the Alignment Records. I am also a Certified Mechanic of over 39 years as a Heavy-duty Technician and Trained and Certified in all areas of the vehicles including alignment training by the Hunter Alignment Training Center by one of their top Master Technician.

After I got his Estimate of Repairs and the Alignment Chart, I found his car should have been Totaled Out. As with many people’s cars and trucks, the Technician knew the car should have been Totaled Out but only gave an Estimate of Repairs on the tear down part first and added there may be more repairs needed after full tear down.

So after the first Estimate of Repairs of $14,000 they got the OK to do the repairs, a few weeks later he got a second Estimate of Repairs and it showed another $3,500 in repairs were needed, now since the work was two thirds done they got the OK to do the rest of the work; this is when it should have been Totaled Out, slipped under the rug and the customer got stuck with it, the body shop prospered and the Insurance Company got off a little cheaper. 

This is how a vehicle should have been Totaled Out gets past the not Totaled stage and now is back on the road as a good safe car when it should have been removed from the road. The now repaired vehicle is worth less than it was pre-collision, the good news for him is the law is on his side and he is entitled to get that loss of value better known in the courts as “Diminished Value”.

Now is the time for him to get on the ball and go after his money.  After he got his Diminished Value Report package with a report proving the car should have been Totaled Out because the value after repairs showed he had over $17,000 in loss of value.

When he received his package from Lemon Protection, he followed the instructions we gave him in preparation of getting the money.

He sent a Certified Demand Letter to the owner of the car that hit him and to his Insurance Company, demanding his money for his loss of value and gave them 10 days to pay.

He got a letter from the Insurance Company telling him there is no law in CA that says they have to pay Diminished Value and his car was fixed; if he has any complaints about the repairs he should go back to the body shop, and he was told the Diminished Value Report I did, did not show loss of value, was all lies and worth nothing, and then he was given a diminished value report prepared by the Insurance Company.

I read that diminished value report prepared by the Insurance Company and it is one sided; no research proving actual average value, and is unfair and downright despicable, cheating the people out of money owed them.

My client filed for loss of value in Small Claims Court for $10,000 which is the maximum amount he is allowed to ask.  He notified me the court date and time.

I prepared a Court Brief for the case since I will be the Expert Witness on this.  The Brief I used was edited and approved by my Attorney so the Judge will see the Laws showing my client is entitled to get compensation for his loss of value, this loss is called “Diminished Value”.

We arrived at the Courthouse in Van Nuys, CA on May 2019 and met ½ hour before time to go inside the court room at 8:30 am. I gave him a copy of the file I prepared for him and explained to him he should ask the Judge to let him give him a copy of his file and then ask the Judge if  I can speak about the Diminished Value Report.

The Judge said yes and then asked about my certifications and hands on experience. I told the Judge I have 39 years of hands on experience as an Expert Technician and 16 years as a Certified Appraiser. I went on to tell him I was first certified on Detroit Diesel in 1980, followed by GM, Cadillac as well as a trained and certified Heavy Duty Technician and later was certified by National Appraisal Institute. This company also certifies Technicians from other shops such as Mercedes, BMW, GM, Ford, Chrysler, Volvo, Mazda to name a few.

I then went on to explain how the Diminished Value Report proves the loss of value and how we came up with the numbers. I then explained the structural damage and why the car was not made whole as required by law.

The man from the Insurance Company said if he has a problem with the repair he can go back to the body shop and we will pay to have it fixed; he was attempting to show my client was mad about the repairs in hope to shift the way the Judge got the information he had to judge on.

I told my client we are not here about the body repairs and to remind the Judge he was not here about the body repairs, but was here about the resale value which is gone and the car is only worth junk price at most.

The Judge said, Mr. Winters, your Diminished Value Report is showing the car should have been Totaled Out but is still worth $1,300 according to your formula you are using right?  I said, yes, your honor that is correct the car should have been Totaled Out.

The Judge said, well, he can drive the car and realistically what is it worth? I said, your honor it will continue to wear the tires out and is only worth junk price which is 25% of the value of the Kelly Blue Book and would only be good for parts.

The Judge said, one of you will not like my judgement but it will be final.

Five days after the case was over my client called and was ecstatic and said we won all the Diminished Value of $10,000 dollars; he was very happy and I was happy for him.

This is just one of many cases my Diminished Value Report was able to show and prove Diminished Value to the Judge; he was satisfied as was many other Judges in Small Claims Courts and Superior Courts.  It is very satisfying to see someone who wins what should have been given them from the start.

Tell a friend.

Jackie Winters

Lemon Protection Est 1984 TM 1988/2001

We won $10,000 in Small Claims Court for Diminished Value and now we are back but in Superior Court and we won this case as well.

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You may remember on March 27-2019 I posted we won our trial in Van Nuys CA for Diminished Value. My client was only able to sue for $10,000, his loss was over $17,000, the good news is the Judge awarded him the full amount of $10,000.

Up-Date, the INS Co filed for a Trial De Novo and we had to be back in court on 5-29-2019 in Van Nuys, CA. This is as if we have never been to court but this time an attorney for the INS Co would be present.

Definition from Nolo’s Plain-English Law Dictionary.    A trial held on appeal, in which the appeals court holds a trial as if no prior trial had been held, considering the evidence anew rather than reviewing the lower court’s decision for correctness. A trial de novo is common on appeals from small claims court judgments …

We were in court on 05-29-2019 at 8:15 am. The INS Co first attacked my report as unfounded and having no foundation but was proved otherwise to the Judge when he read my Diminished Value report. The INS Co attempted to change the case by saying “Well your Honor if he is not satisfied with the repair he should go back to the shop” this is a side step ploy by them. A trick that means if you say anything about not being satisfied about the repairs you will not win. They will tell the Judge it is about not being happy with the repairs.

You must always remember, it is not about the repairs it is about Diminished Value and you must stay on that road.  I told my client if they say anything about body repairs remind the Judge you are not here for the repairs you are here for the loss of value when selling or trading in the car in and the car having a bad Car Fax  is giving Buyer Beware rendering a sure no sale, it is about loss of value.

We showed the Judge our evidence and gave him a Brief I had prepared with help from my attorney and friend.  I explained Structural Damage and how the car was not made Whole as before, I explained how the car will be unsafe and how it will cause uneven tire wear. I also had an alignment sheet showing the arrows were not stacked meaning the alignment is within the lines but not perfect. I also proved I am a Certified Hunter Alignment Trained Technician. The Judge said you will get my decision in 2/4 weeks.

On 06-04-2019 I was in court with another client when I got a call from my client, he was ecstatic, he said the judge awarded him $8,115 for his Diminished Value case on 05-29-2019, we proved our case and it paid off.

He was very happy because before he filed his Diminished Value case he was told he did not have a chance of getting any more than a few hundred dollars if that from any INS Co for Diminished Value. So he thought about it and decided the $250 he will spend for the report is worth it and it paid off for him.

Keep in mind you are not allowed to have an attorney in small calms court but you can have an Expert Witness and an Attorney with you in Trial De Novo because it is a Superior Court where you will have to show evidence if you want to win as we did.

The bottom line is you can go for Diminished Value and if you prepare your case, you can win, not all cases will win but at least you have a chance to win.

On 06-04-2019 while in small claims court with another client  my third Diminished Value case in Camarillo, CA on a 2018 Honda Accord.  I gave the same explanation as I did in my Trial De Novo to the Judge and we were told a decision will be made in a few weeks.   Two days after this trial my client called me to say she won and her awarded was $7,075, for Diminished Value.

Folks we are on a roll for Diminished Value so if you have been in an accident and your vehicle was repaired you are entitled to Diminished Value so why not go for it. The cost is relatively cheap at $250 for a Diminished Value report that may help you settle soon after but if you don’t we will go to small claims court or Trial De Novo with you (there is a separate fee with a 100% Guarantee win or you get refund in full for court fees)

If you use our service for Small Claim Court or Trial De Novo there is a fee and with our GUARANTEE you can’t lose.  Yes, and we GUARANTEE if you do not win in small claims court you do not pay that $750 fee and it is in writing. If you go to Trial De Novo and lose you do not pay the second fee of $750, we ask the Judge to make the INS Co pay that.

I am a Certified Appraiser and I have been writing Diminished Value report since 2011 using a Formula that can be proven and the US Gov has given Copyrights to the Instruction of use of that formula. I write for law firms in Las Vegas that are winning and settling their Diminished Value cases with no problem. You can do the same here in CA or anywhere in the USA so you have three years from the date of your accident to file for a Diminished Value claim.  TELL A FRIEND

Jackie Winters

Lemon Protection

We won $10,000 in Small Claims Court for Diminished Value and $8,115 in Superior Court in Van Nuys, CA

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Yes! we won in Small Claims Court Civil Division Department P in Van Nuys, CA for the “Diminished Value”, in the amount of $10,000 plus court cost on March 12, 2019.

How did we do it?

Back in January I got a call from my client to write a “Diminished Value” report for his 2012 BMW 328i that had been rear ended when at a stop light by another driver.

I asked for the Estimate of Repair document to see the cost of repairs and it turned out to be over $17,000 in damages. I started to write the “Diminished Value” report that can be used in a court of law.

When I finished the “Diminished Value” report I sent it along with instructions on how to proceed.

First, my client had to send a Demand Letter to the Insurance Company of the driver that hit his car.  As expected, my client got a letter back from the Insurance Company that the claim was denied and the CA law does not have any such thing as “Diminished Value”.

Second, my client followed my instructions I sent him and filed a Small Claims law suit against the owner of the car that hit him and then got a court date to stand before a Judge.

On the day of trial I was with my client (Plaintiff) and we went inside the court room.  The owner of the car (Defendant) that hit my client’s car was in court with his Insurance Adjuster and we were asked to go outside and try to arbitrate.

The defendant’s insurance refused to arbitrate so we remained inside the court room to stand before the Judge.

The Plaintiff was called and he and I stood before the Judge. He told the Judge his Expert was with him and would like for me to speak about the “Diminished Value” and the Judge allowed me to speak.

First, the Plaintiff spoke about the accident and how it happened; he also stated the other driver admitted fault.

Now the Defendant’s Insurance Adjuster spoke and said, “Your Honor, he accepted the car’s repairs and he was satisfied and if he has any complaints he should return to the shop that did the repairs.” Then he also stated we had to prove loss of value and later when I spoke I did.

The Defendant reminded the Judge he was not in the court about the repairs but about the loss of money when reselling or trading the car in. The Judge asked me to explain the report and the formula I use to show “Diminished Value”. After I finished explaining the report and my findings and how I come to the loss of value which was far more than he can ask for which was over $17,000.

The Judge had another question for me, how to show structural damage.  I explained with a very simple and easy to understand of how this was, with that the Judge said, “One side here today will not like my judgement but it is final.”

After five days my client called me with excitement; we won the “Diminished Value” case for the full amount of $10,165.  This is the maximum allowable damage he can ask for plus court cost in a small claims court of law in CA.

I have been writing “Diminished Value” reports for law firms in NV and CA going on 8 years now, but mostly in superior court for attorneys.  This was my first small claims case on my own and we won that all my client was allowed to ask for.

If you have been in a car accident not your fault you are entitled to get “Diminished Value” and you can get it; it takes a little time but worth every minute you spend on.

You can contact me by way of e-mail and I will be willing to help you as well. Don’t let the Insurance Adjuster make you back down with their lies, telling you it is not allowed or you don’t have a claim because your car is fixed, that is a cover in hope you will back down and they win. Help is here and here to stay.

Feel free to contact me anytime because you can WIN in small claims court for “Diminished Value”. This case can be verified.  Tell a friend and get paid what is owed to you.

Thank you,

Jackie Winters

Lemon Protection

Diminished Value Against the Home or Vehicles Insurance Companies

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I had a case a few years back and a man’s three vehicle were burned caused by the neighbor’s house fire and the repairs were several thousand dollars to fix.

The Insurance told him he was not entitled to get paid for his Diminished Value and he should just go fix his cars or junk them they did not care about his loss.

His attorney had a different story, he was entitled to get Diminished value for his loss.

His attorney contacted me and ask me to inspect each vehicle and find the Diminished Value and I agreed.

I went to the home of this customer and did an inspection on each vehicle and all were repairable with some needing new glass and paint and rubber seal that had been damage by the fire.

I turned in all there reports with my finding and loss of value to the attorney who called me, he also ask me to be the expert witness for the loss of value in a court of law and I agreed.

On the day of trial when on the witness stand I was asked to explain each vehicle loss and what the loss of value was to the Jury. The total loss was several thousand dollars for the three vehicle. The Jury awarded loss of value on all three vehicle with all 12 jurors agreeing he was entitled to that loss of value, he won based on my three reports hand down.

The Diminished Value will apply to all vehicle damages by another person insurance no matter if it was caused by a house fire as these there were or in a car accident not your fault.

The California law 3903J under Jurors Instruction passed in 2016 make this apply to all loss of value claims no matter how the loss happened. The laws in other stated provided  show Diminished Value is recoverable and is in almost all stated in America.

As a certified appraiser and writer of Diminished Value report for over 14 years. I know the laws and know how to write the report for that loss and can back up all report I have written with a solid foundation showing proof.

If you have a loss of value caused by another person fault you are entitled to get that loss of value no matter how small it is.

If you were in an accident not your fault you are entitled to get that loss after the vehicle has been repaired because no person or shop can repair a vehicle back to factory condition, in many inspection I have always found damaged parts I could photograph and or feel when driving. So go after that loss and remember we pay for Insurance to protect us and pay any loss to the other party when in an accident.

Pass this story on and tell a friend.

Thank you,

Jackie Winters

Lemon Protection

lemonprotection@yahpoo.com