WHAT IS A DAMAGED VEHICLE WORTH POST REPAIR?

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THE LAW OF DIMINUTION OF VALUE:

THE UNSPOKEN MONEY OWED POST REPAIR

by lemonprotection

If you found two similar cars for the same price, but one had an accident with $10,000 in repairs performed and the other was never in an accident, which would you buy?

If your new car sustained $10,000 in damages in an accident, even if it looks good after repaired, isn’t it worth less post repair than it was right before the collision?

Can you get money for this loss in value? YES. You can get Diminished Value or Diminution In Value of your car, truck or other vehicle if you are willing to fight for it!

What is Diminished Value or Sometimes Called Diminution In Value for a car, truck or other vehicle?

        It is a loss in value of a car, truck or other vehicle, or, for that matter, any property, due to a sudden and unexpected accident. In other words, even after a vehicle or other property is optimally repaired, it obviously has lost some value because of its damage history. The value of a damaged car or other vehicle is clearly diminished post accident as a buyer would pay more for the same vehicle if it was never damaged in an accident or, put another way, a buyer given the choice of two identical cars but one had been in a major collision obviously would prefer to buy the never damaged vehicle and would expect to pay much less for the other repaired vehicle. It is the money you will lose when you sell or trade-in your repaired-vehicle. It is the money owed to you by the responsible party or the Insurance Company for the responsible party that caused the damage.

 

A Personal Story

I received a call from an attorney in Las Vegas about a vehicle that had been in an accident and repaired. The attorney contacted the Insurance Co. and asked for the Diminished Value of the vehicle due to this collision damage. The insurer offered him $1,000 and that was it. After months of back and forth negotiations trying to get the insurer to make a fair settlement offer with no success, the attorney heard about my business through another attorney I have worked with over the years. The attorney called me and asked if I could write a solid Diminished Value report on the vehicle for the client he is representing. I replied I would need to review the file but from the information initially provided believe I could help.

I took all his information, including the repair estimates for this vehicle, and wrote a Diminished Value report and it showed the amount he was owed was far more than $1,000. In fact, it was over $6,400. I sent the attorney my report. A week later the attorney called me to let me know that the Insurance Co. will not recognize my report, so he wisely requested it to write its own report. I later was shown the Diminished Value report written by the Insurance Co. adjuster. It was not accurate, it was one sided and did not include all the repair costs. This was something I was able to help with that others might not have noticed because of my many years of experience in the motor vehicle industry. I then contacted the attorney and explained the errors and omissions with the insurer’s report and pointed out the lack of foundation and told him the insurer’s report would not hold-up in court. The attorney agreed.

The attorney contacted the Insurance Co., spoke to the same adjuster and made it clear he was rejecting the insurer’s meritless position and preparing for trial on this matter. The adjuster’s bluff failed and to avoid litigation the adjuster settled for a compromise amount $4,653.00. This amount was more than four and a half times what the Insurance Co. had previously offered.   Just by getting the right diminished value report with a good solid foundation made this happen for the attorney’s client.

Law on Diminished Value

Keep in mind, the law* (see comment at end of this article) in most states provides that you are entitled to Diminished Value when you are not at fault because you are entitled to be compensated for all foreseeable damages caused by the negligence of another person. It clearly is foreseeable that a damaged car will be worth less post repairs than it was worth right before the collision.

You should be able to collect Diminished Value if:

  1. The accident was not your fault and the responsible party has insurance as recovery for diminished value is often only permitted against the other party and his/her insurer and often is not permitted under your own insurance collision coverage. The reason for this is that your recovery against the responsible party is based upon what is foreseeable while your recovery from your own insurer is based upon the written terms of your written policy of insurance. Often your own first party collision insurance coverage described in your own policy of insurance will not cover this type of loss and you would be bound by this written provision under principles of contract law unless there is a specific law in your jurisdiction negating such insurance coverage provisions. In California there presently is no such law.
  2. The party at fault has insurance or sufficient funds to pay your damages.
  3. Your vehicle is not older than ten (10) years.
  4. The damage estimate was at least $2,000.00 (as the damage needs to be more than minor).
  5. And your vehicle was repaired and not deemed a total loss (as if it is a total loss then you should be compensated for the full value of your vehicle with any total loss settlement).
  6. You have not entered into a settlement and released the other party and his/her insurer.

How To Get The Diminished Value for Your Repaired Car or Other Vehicle

Here is how you can get your Diminished Value post repair for your damaged car, truck or other vehicle.

First, get the vehicle’s entire file, including the purchase contract, and all repair estimates, including the adjuster’s first estimate called the pre-takedown and the supplemental estimate after takedown, if any. Both reports taken together should describe the damages that were caused in the collision and the full amount or cost to repair.

After reviewing all the papers, I would also do an inspection of the car or other vehicle with photos, if the vehicle has not been repaired and is available for inspection, and do research to support and back-up my findings. Then I review everything and prepare a detailed written report setting forth my findings and the money loss for the Diminished Value of the subject car or other vehicle.

I use a special formula designed by a master mathematician that has been accepted in trials by six (6) Court Judges. The formula encompasses several different areas of research and then all the numbers are compiled into the formula that gives a solid foundation for Diminished Value.

The formula consists of the following:

1)  Using the Insurance appraiser’s primary and secondary estimate of repairs;

2)  Researching AutoTrader for the current value of several like vehicles of the same make, model, year and near mileage;

3) Using Black Book, Kelly Blue Book and Edmonds for price comparisons;

4) Then applying the numbers from the above information to the formula in order to attain the true Diminished Value caused by the collision.

Things the Client Should Do to Help Collect Diminished Value

Do not sign any Settlement Releases or papers until you show them to me and/or your lawyer.

If you have all your papers together and have not signed off on your settlement or signed a Release and meet the criteria set forth above then I can help you if you want.

And here are some steps you need to take if you are involved a car, truck or other vehicle accident so be prepared if this happens to you.

If In a Car or Other Motor Vehicle Accident Please Do the Following, if possible:

1)  Check to see if there is any fire or if anyone is hurt; if so, then immediately call 911.

2)   If the accident is not your fault, you are also advised to report it to the police to obtain a traffic collision report supporting your position.

3)  Exchange information: first get the person at fault driver’s license number, address, phone numbers, email address, vehicle license plate number and insurance information. Be sure to personally read the driver’s license yourself and do NOT rely upon someone else, like the responsible party, to say the number and other information to you as it may turn out to be incorrect.

4)  Take notes: Be detailed about what happened, including which lane you were in and the position of each vehicle from about ten (10) seconds before impact until after the impact, what you were doing and what was going on around you, the time of day, sunlight, street lighting and weather conditions, including whether it was wet or dry, etc.

5)  Take photos and video before the vehicles are moved, if possible, from several angels, positions and distances, but, of course, be very careful. Do not get into traffic or do anything unsafe to take pictures. Remember, most mobile phones are equipped with cameras and video capability.

6)  Get the name and contact information (e.g., phone numbers and email addresses) of all witnesses, if any; and ask what each saw. It’s best to take detailed notes.

7)  Try to recall if the other driver was on the phone or texting. If so, document that information with the exact time and inform the investigating police officers and your own insurance adjuster and your own personal injury attorney, if you were injured. If you were injured and do not have a personal injury attorney, one excellent very experienced personal injury law firm we have worked with which offers FREE & CONFIDENTIAL consultations on accident injury claims is Gary K. Walch, A Law Corporation. Its telephone number is 818.222.3400, email is info@WalchLaw.com and web site is www.WalchLaw.com.

8)  You can call your own tow truck. You do NOT have to use the one that might arrive at the scene and, if appropriate, you may have your car or other vehicle towed to your home or other location of your own choosing to avoid storage costs. If you contact your insurer while at the scene of the accident, your insurer also may be able to assist you.

9)  The Insurance adjuster(s) will come to wherever your vehicle is located or stored post accident to do the first estimate and a supplemental estimate will be added later if the vehicle appears to be repairable and the cost of repair is less than 80% maximum value of your vehicle. If it is higher, the insurer may deem it a total loss.

After the Repair Estimate is Made:

1)  Make sure you let your Insurance agent and/or adjuster know when you speak to them that you will be seeking money for Diminished Value from the other party.

2)  Get copies of all repair estimates, including both the 1st body shop estimate and then the 2nd estimate called a supplemental estimate.

3)  Get a copy of the police report (aka traffic collision report), if one exists. Your insurance company and/or personal injury lawyer, if you were injured, should be able to help you do this.

4)  Get an experienced vehicle appraiser who knows how to write Diminished Value reports. You may contact me for a free consultation at lemonprotection.com or call me toll free at 1-800-700-0109.

5)  The appraiser may need to see your vehicle more than one time for photos. Don’t get disturbed. Sometimes, for example, the photos we take are not as clear or complete as we want them so, at times, we need to retake photos or re-inspect the vehicle.

6)  Do not sign a release or any settlement papers if the Diminished Value has not been discussed and resolved. If you have to sign-off on the car to get it from the shop and cannot wait then next to your name sign followed by “Diminished Value Expressly Reserved, Not Settled. Signed Under Protest.” This may help protect you later.

After the appraiser has examined and photographed your vehicle, the appraiser will start to write the Diminished Value report. It will include several things in it that will help prove your loss. Be patient because sometimes it takes a few days or even weeks to obtain needed supporting information, to complete needed research and prepare a detailed Diminished Value report.

WHAT NOT TO SAY OR AGREE WITH:

Now here are some things you must be careful with that I advise all my customers to stick to. I call it, “What not to say when attempting to settle your Diminished Value claim.”

After the insurance adjuster gets your report and demand letter for payment, you may get a call from one of its attorneys or adjusters (for simplicity, I shall refer to anyone from the insurer as an adjuster) and you must be very careful in how you talk with them. Errors regarding what you say (and what not to say) can lessen or diminish the amount you may be able to collect or sometimes even cause you to lose the possibility to collect anything from them. For this and other reasons, some clients wisely prefer to hire an attorney or let their personal injury attorney handle this for them.

Using the words “Condition” or “Value” the wrong way can hurt you. You must keep the focus on “Diminished Value” and/or “Diminution in Value”. Remember, based upon this scenario, including that the repair shop did a good job, your claim is not against the repair shop for the repairs, but it is against the other party and his/her insurer for the resulting inherent loss of value caused by the collision damages.

You must stay focused on you claim for Diminished Value. You must tell the adjuster repeatedly you have no issues or complaints with the quality of repairs as the repairs were done to the best of human ability. However, it is also critical to never say anything like “the repair was perfect.”  It is impossible to know what additional damage is hidden under the repairs made. Be very careful when talking to the insurance adjuster as he/she may use the word “condition” when you want to talk about “Value”. The insurance adjuster may say something like the condition is just like it was before and if you agree you just lost because the adjuster can say things like this: “Well your complaint then is not with us it is with the body shop.” The adjuster may try to say that all the damaged parts were fixed; the vehicle is restored to the same pre-accident condition as before the accident. The adjuster may say goodbye and hang-up on you. Remember, your Diminished Value claim isn’t trying to recover a loss in condition; it is to recover the loss of value caused by the collision that repairs alone cannot resolve.

Some clients prefer not to negotiate with the insurance adjuster and to have an experienced lawyer handle that. That is not a bad idea and again we recommend you contact Gary K. Walch, A Law Corporation, for a free & confidential consultation and claim evaluation. Its telephone number is 818.222.3400, email is info@WalchLaw.com and web site is www.WalchLaw.com.

What Else You Should Do

You need to know the facts. You need to do some basic research or have me do it for you. You need to be armed or here is when you lose money. You also should obtain both a CarFax and CarCheck report on your vehicle.

When you see the CarFax or CarCheck research report you will know if your vehicle was in an accident and you will have to disclose the accident and repairs made when you sell your car. The loss of value is in many cases between 40 to 60 percent, money you will not get when you sell or trade it in. In fact, some new car dealers will not take a vehicle in trade if it shows to have been in an accident no matter who did the repair work. This is something that can be both very surprising and upsetting later on so best you be prepared for it now.

If you get a clean CarFax be sure also to get a CarCheck as well, because sometimes an accident may not be reported to both places and you may be surprised in what you find.

Good Luck and let me know if I can help you.

Thank you and GOD bless you.

Lemon Protection

800-700-0109

__________________________

*Courts have held that where a damaged auto was repaired to “its pre-accident safe, mechanical, and cosmetic condition,” an insurer’s obligation to repair to “like kind and quality” was discharged according to the insurance policy. However, recovery for tort damages includes the difference between the fair market value of the object before the loss and its value after the loss. Ray v. Farmers Ins. Exch., 200 Cal. App.3d 1411 (Cal. App. Dist. 3, 1988); Moran v. California Dep’t of Motor Vehicles, 139 Cal. App.4th 688 (Cal. App. Dist. 4, 2006).

 

“WARNING ADD OIL” or “WARNING GO TO SHOP”

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Have you read what Consumer Report are saying about Oil Consumption?

Consumer Report is saying to add oil between oil changes is not normal.

I have been telling the driver of BMW, Porsche and Audi that very same thing for years, so let me give you some more direction that may help you understand better about oil consumption as well as other question you will want to ask your dealer when buying or getting repairs made.

There are a lot of good thing added to the new vehicle on sale today, the Navigation system with backup and side cameras; the Blue Tooth phone system, the adjustable mirrors, the i-pod features and the heated seats and Turbo Chargers for extra power just to name a few of the additions.

I want to give you some question you should ask in hope to help protect yourself when making a purchase. I will start with the extended warranty and what things to ask for followed by some things you may experience that may be called normal.

First off when the salesperson wants to sell you an extended warranty the cost is negotiable, if they say no, tell them you will go elsewhere to but your vehicle. When you buy that extended warranty be sure it covers SEALS and GASKETS, if that is not in a warranty, it is useless papers. A leaking engine or transmission will cause a warranty to be voided if it is not fixed. If you don’t have that seals and gasket warranty coverage and your engine or transmission goes out you are out of luck on repairs, the warranty will not apply.

Be sure the warranty covers A/C and Electrical Wiring as well and be sure to read all in the contract before you sign it. One rule of thumb is be sure to read anything you ask for and they say is covered, if they say A/C, Electrical, Seals and Gaskets are covered, be sure read it.

ADDING OIL EVERY 750 TO 1000 MILES IS NOT NORMAL FOR ANY VEHICLE.

Another question you need to be concerned about and ask is “Will I have to stop and add additional engine oil between oil changes”. Some of the new High-End vehicle are having to have addition oil added ever 750 to 1,000 miles.

Some oil cost as much as $15 a quart, over the driven miles of a high-end Turbo Charged vehicle of 100,000 miles you may spend as much as $5,000 extra for additional engine oil because of oil burning. If oil is needed you must add it so you don’t burn the engine up, that’s 333 extra quarts of additional oil or 47 oil changes you never got, just because your engine is burning oil. There is one exception of the High End vehicle engine burning oil.

The GM Corvette is a high performance engine and from my experience I have had no Corvette owners ever tell me they have had to add additional oil between oil changes. Other new car dealership are selling high-end vehicle not as powerful as the Corvette and their owners are having to add oil between 750 and 1,000 miles of driving, why, because they are burning oil.

Some of the dealership personal is telling the customers it is normal for the engine to burn oil because of the High Performance Engine runs at higher temperatures. That is the biggest box of crock you will hear, no it is not normal for an engine to burn oil.  One of my customers told me she went into the dealership on average of every 750 miles; she said her “Warning Add Oil” would come on. When she went in they added a quart of oil every time, she was told it is normal and no RO was needed because it was a good will gesture.

A repair order receipt of the free quart of oil they add every time the customer comes in with a “Warning Add Oil” light on should be written up and given.

I have built and worked on thousands of engine over the years and I assure you it is not normal for any vehicles engine to burn oil, high performance or not.

One thing to remind you of and that is on the New and CPO Automobiles and Trucks the lemon law applies to all of them with a warranty. It is up to you the buyer to keep all records when going to get repairs of any kind even if they call it a good will gesture. Vehicle purchased that has passed accident damage is also covered under the Fraud laws and they will apply, if you buy and get the papers later that shows the vehicle was in an accident when you were told it has not, don’t worry you may be covered as well.

If that new or CPO vehicles is having problems with engine oil burning or electronics concerns, the lemon law can be used all at no cost to you the consumer. If an attorney takes your case you will not pay because he will be the one to settle your case, the attorney fees will be included so you don’t have to pay.

I have listed the names of a few attorneys that a lot of my customers have used for their cases over the years and have been settled to their satisfaction.

To remind you, I am not an attorney but work with attorney law firms as their Technical expert and have been used in trial 45 time and deposition over 500 times and have never been impeached. I am not qualified to give legal advice and do not give legal advice.

Good Luck and if you have any question please ask, tell a friend.

Amazon.com is offering the original Ab Radical

I just wanted to let you know the product “Ab Radical” is now available on Amazon.com for under $11.00 and would make a great Christmas or birthday gift or a gift for anyone wanting to isolate their abdominal.

As you know I wrote about this sometime ago and it does work well. It is portable and will fold up to a 4 inch box. It is made of a heavy-duty fabric and has a neck and back support built into it. It was designed to help a person do crunches. One of the good things is when I get finished using it I just hang it on the wall or throw it across my chair for the next morning. I don’t have to worry about storage space, it only takes 4 inches when folded up, there is no storage area of any size to worry about.

This is not a Sit Up exerciser but an Abdominal Crunch Isolator, I do this 4 inch crunch while tightening the abdominal and blowing out the air and then relaxing and taking in air as I go down from the crunch, it is made easy by the two handle made into the product. I just lie on my shoulders, my knees bent at a 45 degree. I then grab the handles near the shoulders and with a slight pull on the handles the shoulders lifts off the floor and the abdominal crunch is made. I don’t use the handle at the ends of the handles I used them near my shoulders, it seem to isolate the abdominal even better. I have my elbows tucked in my sides and not sticking out to nowhere when crunching and that seem to make the Ab isolation even better concentrated.

At one time my wife got me an Ab Roller but I could not do a crunch or sit-up without jerking real hard on the handles, I gave up on that one, it was also bulky to put away. I think my wife gave it to Salvation Army, I have other weight stuff for exercising the abdominal but I just could not get what I wanted.

If this is something you might consider for a gift or personal use ask your Doctor about it if you are an elder person not use to doing exercise or have illnesses, just take time to be safe. I am not a doctor but a mechanic, I would think anyone wanting to do crunches with ease should consider the Ab Radical. My friend Richard is 71 and he used it yesterday and told me it really did make it easy for him to do a crunch, he is 6.4 tall. My wife is going to Japan in Jan for two weeks and she is taking one with her so she can use it when on the air plane.

I do a lot of walking every day as well and don’t drink or smoke cigarettes and think GOD has blessed me with good health.

Thank you and pass it on, GOD bless all,

Jackie

California Lemon Law and Mobile Homes?

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Are Mobile Homes Covered under the Lemon Law?

In some states YES but may be filed under a different heading.

In fact there are a lot of things covered by the fraud and lemon laws in our states that you may not know about.  Starting with Cars, Trucks, Mobil Homes, Boats, ATV’s and Computers are the ones I am involved in.

Note:  Big Tractor Trucks are covered under the Lemon Law see ” Seeman – V – Freightliner. I just did two Big Tractor trucks for a law firm in Arizona and the cases were filed as a Lemon law claim.  If you own a Tractor Truck and it is giving you problems there is still help out there and worth the time it takes to investigate.  Your filing would have to be done by an attorney if you want good results. If you just want the satisfaction of letting the sellers know you are not going to take any more lies Small Claim Court is the way but not recommended because of the low amount you can file for, a small claims law suit can be done.

Sounds like everything we buy are covered, but what are the chances of you getting help with your case.  The chance is very good when you have attorneys who care more about you and your concerns than the selling dealership does.

I have inspected several Big Rig Trucks and the ones I have done were for engine leaking coolant, oil or just not running properly. I have also done several Mobile Homes and the most of them are falling apart from trim not fitting correct, stoves and sinks not mounted properly, floors that are rotted and sagging down.  I have seen rotted floors where the dealership had patched the floor together and then painted it to look new, this was a bad repair, water shooting back up out of the toilet when you flush it. That’s right when one of the owners finished the toilet, water or whatever was in the toilet just shot back up out of the toilet like a water hose.  If you were like this person you would have got a big surprise when you flush just like he did, he said it was disgusting and all over the floor as well as him.

I got this one on photo, it was pretty amazing, the person said the first time it happened he said the mess was unbelievable and told me to not stand over the toilet when he flushed it to show me what happens.

I have found electrical issues, hydraulic issues, slide outs getting stuck in the out position, water leaking inside when it rains. Over heating when you go up a small hill, in fact I have seen them that have had a new engine installed when they were on the way to be delivered to the buyer.

Another thing to watch out for is if you buy outside of your state and take delivery of the vehicle the warranty coverage is not what you might expect.  I had a lady who had purchase a Used Mobile Home in California but had to take delivery in Nevada, I could not understand that purchase. When she needed repairs she ran into a real problem using the warranty they gave her, after she spent over $14,000 trying to fix the home she went to small claims court. She won $3,000 back along with free oil and filter service for the next five services needed. This person would have been better off getting a good attorney and filing a lemon law suit but she said she did not want to get an attorney involved.  I actually went to small claims court with her as well as help her prepare her case and negotiated the settlement for her, she told me after it was over before she filed they only offered her $1,000. She said the outcome of her case was very satisfying even if it was far less than she had spent, she got the $3,000 and five oil and filter changes amounting to another $1,000 in service.

If you purchased a Big Rig or a Mobile Home and you are having an unacceptable amount of repairs or breakdowns then you may be entitled to a refund or compensation for all those problem, keep in mind it will take a good Lemon Law attorney to help you.  The process for Mobile Home lemon law is the same as for a lemon car or truck, including new or used as long as it is purchased from a dealership.

In order to get prepared for you case to present to an attorney you need to do this.

1)    Have a clear copy of the original purchase contract.

2)    Have a clear copy of all your work repair orders and they must be readable when faxed.

3)    Have photo or videos if you can of all broken or damaged parts including dash warning lights.

4)    Have maintenance records in order, if you do your own maintenance then have the receipts for the fluids and filters you purchased, including fuel and air filter.

5)    Make sure all the papers are in order, this will help your attorney see quickly if you have a case, most attorney law firm will call you back within 72 hours (exclude holidays it may take a few days longer) Try to keep and updated file for fast finding facts.

Good luck and God bless you all and if you needed an attorney I have listed several of the best attorneys in California on my web site at lemonprotection.com.

If you are in another state the law firms listed on my web site also have offices in other states, call me 800-700-0109 or e-mail me at lemonprotection.com if you live out of the state of Ca. and I can tell you the names of law firms my customers have used in that state.

Also for those interested, I have just published another new book on how to go about inspecting a Mobile Home. You can purchase a copy for $15.00. Send me a check or MO for $15, this will include P&H and will be sent by the US Postoffice Priority mail. I hope this little bit of information will help you

Thank you, GOd bless you and good luck with your Mobile Home.

Jackie

Disclaimer; Please keep in mind I am not an attorney and cannot give legal advice but am only a certified mechanic and inspector of new and used vehicles and was established in 1984 and issued a United Stated trademark for Lemon Protection.

Investors are welcome.

BEWARE of signing a “RELESE OF LIBILITY” agreement, it may cost you dearly.

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Back in 2010 I was in a rear end accident by a woman who was Texting, she was running  30 mph not paying attention as she should and cause me to get badly hurt. She hit me frame on frame and I took the full impact, the frame bent and cracked at the point of impact. I was hurt with vertebra fracture and bulging and compressed disk, I took treatment and all was without success in removing the pain. I walk with a level 5 dull pains in my lower and center back and at times the pain shoots up to a level 9/10 where I am forced to take heavy medication with severe side effects that last for several days including severe bleeding. My Doctors all said I will have to live with it, the damages have healed but the pain has stayed and continues to cause me problems. My quality of life has diminished considerably.
My attorney called me to sign some document and told me to always read the document so I can be clear of the understanding. I read the full document the INS Co sent him for me to sign and to my amazement it was all lies. The first lie was the INS Co acted in “Good Faith”, all lies. The fact is they all but accused me of causing the accident, they made it seem like she was not at fault; they said I was not hurt and the damages are minor and the list goes on and on.
I refused to sign the document of lies and now am going to trial for my loss. I want you to know if you get in an accident you are entitled to good treatment and if the treatment is over the limit the driver has, then you can go to trial if the INS Co make Bad Faith offers and ask for General Damages or Punitive Damages and you will likely get it.
Also you are entitled to the loss of value for your vehicle it is called

 “INHERENT DIMINISHED VALUE”

this is the money you are entitled to get but will lose when you sell the repaired vehicle at close to a 50% loss of value. This is recoverable as long as you have a report proving it. I write those kinds of reports and it will be used in my trial in December if trial goes as set forth.
BEWARE when you’re in an accident and ask to sign a “Release of Liability” written by the INS Co. don’t sign it because it can and will be used against you in any future cases. If your attorney tells you to sign don’t because he cares nothing about you, it is the fast money he will get for settling this case, and you still lose. Get an attorney willing to go all the way to trial; if need be to get your needs meat. Remember if you sign that Insurance Company produced “Release of Liability” document and then try and fight it, you can go to jail for signing a document that you knew was a lie because before you signed it.

Again you lose and the Insurance company sit’s back and laugh at you for being a fool by signing. They say it is standard release of liability but what they don’t tell you is it is a trap in-case you ever file against them in another clam.
Lemon protection specializes in writing “Inherent Diminished Value” reports and they have been used in several trials successfully. Good Luck and GOD bless you and  all comments are welcome.

Thank you for reading my post and tell a friend.

How To Inspect A Used Car

      If you follow this step by step simple instruction you will have a better chance of getting a good used vehicle. Beware, some people will purchase vehicle from auto auction and repair it and some of the vehicles have not been reported as having accident damage. When you see the vehicle you want, look it over and take notes. The notes you took will remind you of the entire thing you will need to seek information about before you pay the cash. Also beware of buying from E-Bay, I once sold a car on E-Bay and the buyer sent me a certified Bank of America check but the amount was $2,000 more than I wanted. I called the buyer and he said I am sorry I sent you over payment and if you don’t mind just cash the check and send the difference back to me. I felt suspicious and went to B of A and they told me the check was forged and not real. I called the person back and he really got mad, I told him I will turn the check over to the FBI. I just saved myself $2,000, so be very careful, if you do accept a check from anyone you must insist they wait at least 30 days for the check to clear and be cleared. One story I heard was a person waited two weeks and then sent back the over payment and then one week later was told the postal money order he cashed was forged, so be very careful.

1) Do a CarFax and/or a CarCheck to look for unseen accident damage.

2) Inspect the vehicle or have it inspected by a certified mechanic with a written report.

3) Look at the vehicle for oil, water and any fluid leaks and write the area down.

4) Check all lights for operation as well as all electrical working parts, including the seats and cigarette lighter.

5) Check for broken parts and worn rubber parts.

6) Feel of the hoses for soft spots and look for cracks or damage.

7) Look at the body parts where they meet for proper alignment, the parts lines must be equal on all places like the left and right fender should align with the hood front to back and be at the same height.

8) Look at the tires for uneven wear, edge wear, feathering and knots is a suspension and alignment issue, be sure to look at the front and rear because sometimes a person will put the rear on the front to make it look better and to hide a problem..

9) Look at the radiator for rust, the coolant should be green on older cars and red on newer cars, rust is a sign of poor maintenance and will likely show up as a leak later after you drive for awhile.

10) Check the engine oil it should be clean and dark black is a sign of lack of poor maintenance, also look under the oil fill cap before and after you road tested the vehicle, look for a milk color a sign of an internal coolant leak (very costly repair).

11) Check the transmission fluid for smell, it smells burned then it likely has a transmission slippage problem, the fluid should be bright red, look for leaks as well.

12) Check the power steering it should be at the full line.

13) Check the brake fluid and see if it is low, low fluid may indicate worn brake pads or a leak, if it is low look at the inside wheel at the brake caliper for brake pad wear, if the pads are good look at the rear of the brake booster for paint peeling, a sign of a leaking brake master cylinder, another place to look is at the inside floor area for wetness of brake fluids another sign of a leaking brake master cylinder.

14) Step on the brake pedal and see if it sinks to the floor, if it does under a firm pressure then a brake master cylinder is likely the cause (a safety issue).

15) If all check out so far then move on to start the engine and then watch and listen.

16) You be best to have another person with you when you start the engine, have him stand behind the car/truck and when you start it look for smoke, blue is oil burning even if only for a second, black smoke is too much gas another smog related concern and white if goes away in a few minutes is water and is OK but a long and steady white smoke is internal leakage of coolant.

17) Listen to the engine for a knocking sound, if it goes away and then stops knocking there is worn bearings and a possible repair will be needed sooner than later, a steady knock can be lifters, tappets and or rod or main bearing knocks a certified pro can tell you what it is.

18) If at all possible have a shop run a scan for trouble codes that may have been erased and write down all the code numbers (the internet will tell you what they mean).

19) Watch for engine light, an engine light is a warning something is wrong, an ABS is a warning the brakes have a problem and the SRS warning is a sign the air bags have a problem be watchful when you drive and when you start the engine. All warning lights will come on when you start the engine for up to 6 seconds and then go off if all is well.

18) Pay attention on how smooth the engine runs both in P and D/R gears, a rough running engine that jerks or stalls is not good and an engine warning light will likely be on.

19) Be aware of how the transmission engages when you put it into gear on automatics, the transmission should engage with a soft feel and when it shifts it should be soft as well (not jerk hard), when you drive the transmission should not vibrate when moving from a stop or up-shifting or downshifting (a concern to worry about), if the transmission shifts smooth and no vibration or jerking is felt then it is likely OK.

20) For a stick shift transmission, the transmission should go into gears without a grind (a grind is a gear concern and expensive repair). When pulling away from a stop it should be smooth and not jerk or chatter, both are a sign of a worn or defective clutch (a costly repair), there should not be any noise when driving as well.

21) Stopping is important, listen for squeaking, grinding and vibration when stopping are all signs of brake problems (have a pro check it for you to be safe).

22) CAUTION: THIS IS A TEST FOR PROFESSIONAL ONLY, because a person may get run over or you may have an accident if you try this test. Steering is also a concern if your Technician finds a problems, he should check for wobble and or vibration at high speed 40mph plus, he should check for alignment pull or drift to one side, he would check the alignment for drift or pull, he will need to go to speeds of 25mph on a flat road and be sure there is plenty of room, he should hold his hands a few inches away from the wheel and let go, he should count to 1thousand1, 1thousand2, 1thousand3, 1thousand4, 1thousand5 and 1thousand6 if the vehicle drifts to one side or the other before that time limit then an alignment issue is likely there and he will know that, he should also inspect the tires before the road test for proper pressure (see door panel for proper pressure) as well as for uneven spots like tire separation.

23) Listen for clunking noise when turning and braking, a sign of suspension and or brake concerns and will cause alignment issues.

If you are going to purchase a new vehicle then I would suggest you get the book “Lemon Protection Identifying A Lemon” on Amazon.com, it is a very helpful book and small in size but filled with information. I will also publish the book “Lemon Protection How to Inspect a Used Vehicle” and “Lemon Protection Communicating With Your Mechanic” in the next few weeks and it will also be on Amazon.com. Thank you for your time and God bless you, please refer or tell a friend if you like this write up.

Z-28 Ignition Problems A No Money Easy Fix

5.7 L Z-28 Cleaning the Distributor and Not replacing it?

As most anyone driving the GM Z-28 Camaro with the 5.7 L engine knows the GM Distributor is located in front of the engine and when it gets wet it causes a lot of problems and finally a no start condition. I just had 1994 Camaro Z-28 leak water from a pin hole and then the distributor got wet and that was it, it started to run bad, jerking, spitting, barking and then stopped running just as I hit the end of the driveway.

I pressure tested the water system and found a pin hold in a coolant return line on the top right side of the engine, I fixed the leak. I attempted to start it but failed. I knew the ignition got wet and had to do what most don’t like to do and that is, just get into it and get it over with. It took me 5 hours, I’m old and slow and getting slower at something’s, not to mention I ache a lot.

My first thought was darn it the location of the engine distributor was not thought out well when it was designed into the engine and will place a lot of people in a bad spot if it get wet as a lot of them do just like I did.

The Ignition Distributor is on the front of the engine on a 5.7 L engine. It sits behind the front crankshaft harmonic balancer and water pump. These two parts have to be removed to get the distributor off along with a few other parts like the fans, hoses, electrical connectors and coil as well as the AIR Pump and belt. It is not a hard job to do but it is time consuming.

FYI, the Distributor runs off the water pump drive gear and that runs off the cam gear connected by chain to the crank gear. If you do this repair be sure to check the water pump for leaks or noise, a cheap part to replace and can save you from an unnecessary repair.

If the ignition gets wet it will make the car start to run bad, then worst, then not at all. So if you remove the distributor don’t spend hundreds of dollars and buy a new part, this one can be fixed unless up break it taking it apart, here is how.

After you remove all the parts and get the Distributor off the engine and on the bench your ready to fix it all in just a few minutes without buying any parts.

First wipe the outside of the part clean with a rag, if the nipple of the distributor cap is damaged you will need to replace it if not here is how you fix it to run again as if it never got wet. A used distributor can be used off another module if you have one but I think I read a new one is around $30.00 check your local auto part stores.

Now that you have removed the distributor from the engine and it’s on the bench and cleaned.

There are four inverted thorx head screws that has to be removed, I could not find a tool to fit the screw head bolts so I used a 3inch thorx head screw from the hardware store stick that screw you get from the hardware store upside down and with a pair of vice grips hold it then unloosen the four screws from the distributor cap and place them on the side.

Next be gentle and lift the distributor cap off the Control Module and turn it over. Most likely it will be wet with water so I used an air hose to blow dry mine, if you don’t have air use a rag to dry it out, and be sure it is very dry. If it is not wet your control module may be shorted, if that is the case you will need to have it tested before you replace it. Be sure if it is dry to check all the wire connectors for continuity and looseness as well as breaks before buying a new control module. The junk yard I am sorry to say, is full of Z-28s and the parts will likely work if you match the car you’re working on for the parts thus saving you money. If it is wet continue to clean the cap.

Also while the cap is off scrap the tips of each contact, a small flake will drop off, that’s burned carbon build-up on those points.  Cleaning those contact point and rotor tip will make better contact when you restart it. If you observed you will see a seal that is around the housing, if it breaks and mine did. I used some RTV Red, a very fine coat on the gasket both sides to hold it to the part and to stop any water intrusion if leaks water on it, this RTV will not hurt anything and will seal the cap to the distributor control module.

I can’t say this will work on all engines but it work perfect on mine, it cost me a few hours of my time over a few days, I can only work a little at a time. On average I think anyone willing to try and do this repair will be able to do it in a less than 5 hours and save as much as $800.00 or more in parts and labor, you will need one special tool you can get from an auto parts store for around $25.00 it’s called a Harmonic Balance Puller. Good luck and GOD bless all.

 

 

Abdominal Crunch Isolation with Ab Radical

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This is about a product named Ab Radical; it is used for abdominal crunch isolation.

The abdominal is the heart of your standing straight and firm.

Exercising for better health is something that will keep you off the bed and on the track, good abdominal will make you feel better and you will stand straighter when you walk. Good abdominal only takes a few minutes a day and it can be done on the bed, on the floor or just about anywhere you can lie down for a few minutes, even on an air plane when flying.

I am a Marine, during the Marine Corp training I went from a 112 lb thin boy to a 136 strong buffed man. The exercise program is unbeatable if you can do it for the first 30 days, your on your way to a great body filled with energy. One of the best things for me was the exercising program. Everyone by the end of the first month was showing extra muscle. I did a lot of push ups and sit ups just like everyone else, we were a team. I have held on to that training and as often as I could, I would do push ups and crunches.

One of the hardest things I had to do is abdominal crunches, they are boring and hard if done wrong, but if done right you will get stronger better abs and for me less back pain. Strong abs helps me stand straight and walk more firm. In order to get that 6 pack most men want, it takes time and a little effort and getting that abdominal crunch done correctly is not hard to do if you have some help.

I have been using the “Ab Radical” because it works and this is one very good product for abdominal isolation. I do my crunches in the morning while my wife cooks and I normally do 50 crunches at one time. I can feel the abs start to burn and then I stop usually around 50 and sometimes a little more. The product has a wide belt made of stretch fabric and wraps around my back and gives me back support as well as the tummy, it will fit a person from size I think as small as 22 inches up to around 48 maybe 50 inches. It’s got two handles that come across my shoulders with a belt across the lower neck at the shoulders area; this helps me stay straight and gives my neck a little support. I do six inch crunches with my knees bent, I breath in my nose and out my mouth as I come up to crunch off the floor about 3 to 4 inches, just enough to feel my abdominal get hard.  You can really feel the burn if you do it right and at 57 I feel pretty good. It folds up to a four inch box; I carry one with me when I travel by car or on a plane.

The product was designed to help a person with weak abdominal do abdominal crunches. It works by helping them lift the shoulders as they crunch. The abdominal crunch should not be from the floor all way to the knees; but only a few inch lift off the floor is needed to make that abdominal crunch. The product is not expensive and sold by Edison Nation on line and it is called Ab Radical I think around $14.95 I give it a 10 for the abdominal crunch.

The good part is you can carry it with you where ever you go and the storage space is very little, a woman purse, a glove box or on your side in a small carrying case.

If you really want those abdominal to start showing I suggest you get the Ab Radical. This will help anyone who wants to strengthen the abdominal without all the straining.

I am not an exercise expert but I can testify this little abdominal exerciser really work and it is easy to use.

Pass it on and get one if you like it.

lemonprotection.com

Car issues that may force you into Small Claim Court.

Going to small claims court is not a fun experience, especially when the other side is more prepared for trial than you are. How do you get prepared for trial? Here is a story of a person who was in an accident because the bolts that hold a part on broke. The part that was held on has a Recall on it from the NHTSA department. The bolts that hold that Recall part on, is what broke and caused an accident. The customer did not cause the accident but his repairs were dropped anyway because he was blamed for the accident not by law but by the dealership he trusted.

I recently had a Small Claim appearance for a customer who had purchased a new truck back in 2003 and took good care of it on regular bases.  The story I will tell you is about an accident he has because of a defective part that has a Recall on it. My customer had to file a Small Claim complaint to get satisfied. By the way the Small Claims Court can be used for car repairs, body damage even Diminished Value or actually anything between two or more people.

Back in 2010 he had an accident and totaled out the truck. First I will tell you about the accident. I will tell you about the process you will need to take in order to prepare for court in hope to get the results you want. When you actually go to court in front of a Judge to explain why you are there you need to be prepared, I will give you detail instruction later in the story.

When I met my customer he stated he was having problem and did not know where or who to turn to, he was not from America and only liver here for a short time and his English is very broken.  I ask what happened and if he had an attorney. He said no and he did not know much about what to do. He did as his Insurance Company told him to do. His passenger was hurt and the Insurance Company took care of him. But the owner is still without a truck or transportation and needs help.

He contacted three Personal Injury attorneys and sent them all his paper work and they all stated he waited too long to do anything and he was not hurt. He was advised to file for damages in Small Claims Court and so he did that, and did it just in time. It is my understanding you have one year to file your claim.

My customer found me at my web site lemonprotection.com. He called me and asks me to do an inspection and attempt to determine the cause of the accident so I accepted the job. I ask exactly what happened when he was driving, what speed he was going, what lane he was in, was the truck making any noise, did he feel anything unusual vibration. These are question you need to be able to answer in court if it is based on an accident filing.

He stated he was running around 65/70 mph in the car pool lane, he stated the truck started to vibrate the front dropped down and he hit the wall and that was it. He stated the Air Bags did not go off when he hit the wall. I ask how the road condition was, were you going straight or was the road curved. He said the road was straight and flat with good condition, what lane was you in when this happened? Here are more questions you need to know and be able to answer as well.

The police came and had the vehicle towed, later it was moved to the dealership for inspection as recommended by his insurance company. The dealership inspected the truck and said the lower ball joint did not come apart as the NHTSA Recall was issued for. He was told the dealership does not have to fix the truck. He responded you have a Recall on that part and they stated the recall is not the part that broke, but the bolts that hold that part on are what broke. How dumb does that sound? The Recall NHTSA # is for the lower ball joint but it was his fault for the accident because the bolts broke instead of the ball joint it is holding.

His insurance refused to fix the truck based on their finding saying it was his fault that caused the accident.

I was ask to do an inspection and attempt to determine what happened and if possible what caused the accident. I went to the client home and photo the truck from every direction. I paid close attention to the impact area and the steering and suspension parts based on his explanation.

Upon inspection I found the lower control arm bolts have broken off leaving one extended ½ an inch indicating loose bolts and the bolt head popped off leaving the stud.

The inside steering knuckle at the backing plate held the truck up as it spun around and the hit the wall.  When the right front wheel folding under it caused the truck to spin around and hit the wall with the right front of the truck. This spin around impact caused the right front tire to get punctured and blow out but there was no wheel damage.

The right rear was also damaged from the truck after impact to the right front area, the truck continued to bounce back and around causing the rear right side impact. The truck was traveling North bound and hit the right front corner and appeared to be traveling from the South bound direction. This was caused by the lower control arm bolts breaking off and the wheel folding under as it did.

It was our turn to stand before the Honorable Judge. The other side presented their evidence attacking the owners because he did not use the dealership for maintenance and repairs. I was called in to tell what I witnessed. I first had to prove I am an ASE Certified professional and also proved I have an Appraisal certificate and that I did.

I then proceeded to explain how I did my inspection and I had photos to prove it. I explained how the accident happened and was very clear in every detail.

The Judge asks me how about the tire the other side stated that blow out and caused the accident because it was bald. I said your Honor that cannot happen; he was on flat dry straight road. The tire blows out at the point of impact by the bumper gouging the tire causing tire blowout, he was not in rain or in a curve. The Judge ask me about all the tires being slick, I ask to see opposing counsel photo they had and explained the tires have some tread on them but not slick as the other side is stating. I also explained the 3/8 steel bolts don’t sheer off from an impact and the other side Technician stated he has seen hundreds of bolts at that place sheer off because of impact. I told the Judge that is not true and he knows that because the other parts related are not damaged as he attempted to say.

Going to court and here is what you will need;

1)     Information on vehicle

2)     Date of accident or issue

3)     Place of accident

4)     Illustration or photos

5)     Witness if any or Notarized statement from witness if not present

6)     Expert witness if you have one

7)     Report of expert witness if written

8)     What is your complaint

9)     Do you have photos if no get some, if yes bring them, they must be clear and blown up 8/10 if possible to show the damage you are complain about

10)      Get someone you can trust and is certified to inspect your vehicle and is willing to go to court with you. Be sure they witnessed your problem so they can explain the issue you are there for.

11)      Proof of all evidence is your key, you must be able to paint a very clear picture and have documents to prove it, receipts dates and times, phone record and recording. Photos work well in accident damages or repairs. Notes, letters e-mils are all very important.

12)      Explain you story in a very slow step by step review of the event.

13)      When the other side speaking do not over speak that person it will make a difference, it shows animosity, you will get a chance to speak.

14)      Always be polite to a Judge and be respectful as well as dress proper with clean shaven and heir combed, this all make a difference.

15)      The more information your mechanic has about your car and the problems or accident information he has the better he can help describe his finding for court.

You only have one chance and you need to do the best you can. The truth is the one that paints the best picture will likely win, the judge and jury like photo and videos, this gives them something to use to help them decide for you. Good luck and get prepared.

Any question e-mail to lemonprotection@yahoo.com or go to our web site

Lemonprotection.com   and see names of law firms my over 3,500 clients have used for their Lemon Law cases.

NOTE: We are not a law firm and do not give legal advice, this information I am giving is information I have acquired over the years of doing lemon law inspection and going to trial as an expert.

If you need an expert to go with your to court call me. If you need an attorney go to my web site for the list of attorneys over 3500 people have used and been satisfied with.

lemonprotection.com      

Books for lemon law, used car inspection, Identifying a Lemon and Invention from Idea to market.

 I have been a certified mechanic for over 32 years and have found a way to help other by way of writing how to books for the lay person. I also wrote a book on invention and how to protect yourself from crooked contracts.

The first book was “Invention from Idea to Market” this book is about an invention I made called “Ab Radical” and is sold by Edison Nation online and in some stores. It is way to help a person do abdominal crunches with ease. It has a back and neck support and helps you do crunches by pulling two handles and crunching just 4 inches or less to isolate the abdominal. It works very well as long as you are willing to endure the time it takes to do crunches. This book will show you what happen to a lady that was unprepared when she wanted to market her invention and was laughed at on a TV show. I will try to help you take the right steps and explain what things you need in place so to better your chances of getting someone to license your product. You don’t wan’t to spend money on making a lot of units when the company you license your product to will start over with their own ideas.

The second book I have written is called “Identifying a Lemon”. This book helps a person know when they have a lemon vehicle and what to look for and then what to do about it. You will learn what the proper way is to protect yourself from the start. You never know if you have a lemon or not but if you do it is better to know how to protect yourself. Why pay all that money for something that is not working to factory standards when you may be entitled to a full refund, replacement vehicle or money compensation. Most lemon law attorneys don’t ask for a fee when they take your case in most states.

The third book I have written is named “How to communicate with your Mechanic”. This book helps you understand how to explain what is going on with your vehicle in time of repairs. This gives the mechanic a better understanding of how to go about finding a fix fore your car or truck problems.

These books can be found on Kindle Book/ Amazon book

If you want to order any of the three book or all three please let me know. For our reraders the set of all three books would cost you $15.00 and will have free shipping in the USA. Each book separate is $7.00 each with free shipping in the USA.

If you have any questions please contact me with a comment and I will respond ASAP.

Thank you for your time and kindness, GOD bless you all.

Jackie Winters

Lemon Protection

Lemonprotection.com