WON Trial De NOVO 05-29-2019 $8,115

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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

WON Diminished Value Case 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

Mercedes Distronic Plus, Active Lane Keep, Steering Assist and Collision Prevention Assist Understanding

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Recently I have done inspection on some of the Mercedes Benz that are equipped with Distronic Plus for driving that were having concerns and I want to clear up how these system work and when you know there is a problem with it.  These systems work off of radar position in front of the car behind the grill area and has a Radar Sensor and an Adaptive Cruise Module, it also uses the brake system. This Distronics Plus can be turned on at 30 mph or above and the distance can be as close as 100 feet up to a few hundred fee this is the best distance to use.

Distronic Plus On works like the Cruise Control;

Let me start with Distronic Plus and how it works and what the warning sign mean. Distronic Plus is a system designed to keep automatic speed regulation with control proximity of the vehicle in front of you traveling at a slower speed.

How it works is when you are driving behind someone driving slower than you are when the Distronics Plus is on, let me say 60mph and you set the Distronic at the speed of 65 and the distance at 100 feet, this means if you are driving 65mph and you come up behind another car and there speed is less than your speed the Distronic Plus slows the car down in turn helping you avoid a collision.

Some people may think, this is Collision Prevention and may complain “My Collision Prevention Assist is not working right” but they may mean my Distronic Plus is not working right meaning the car did not slow down when it approached the slower vehicle in front of them and the brakes did not apply and slow the car down as designed to do.

Now if you turn on the Distronic Plus and then see a warning that says Suspended that means the brake system was suspended (meaning a problem is present with the Distronic Plus) keeping it from working properly when you get to close to the slower car in front of you, the warning sound will start to beep loudly warning you to slow down, this does not mean the Distronic is turned off.

The Distronic Plus will not turn off until you press the brakes and then you will see the warning “Distronic Plus Off” meaning you hit the brakes and now the Distronics Plus is off.

You have a Problem when you see Suspended after you turn on the Distronic Plus but did not hit the brakes and if the car speed up when it should not and if you get a warning when you think everything is working properly

Active Lane Keeping Assist;

This Active Lane Keeping Assist is designed to keep the car in the lane you are traveling at.  The way this Active Lane Keeping Assist works when you are driving in a lane and then the car veers out of your lane and starts to cross the lane left or right of you the brake system will activate and cause the car to pull back into your lane, this may save you from getting hit or hitting another car, this may also be confused with Collision Prevention Assist.

When the brakes apply during Active Lane Keeping Assist they will slightly apply but not enough to cause the car to jerk or move abruptly causing you to be afraid, the brakes will apply in the right front and right rear if you are drifting to the lane to the left of you and if you are veering to the lane to the right of you the left front brake and the left rear brake will slightly apply to cause the car to come back to the center of your lane avoiding a possible collision from you hitting another car or from you getting hit by another car.

You can test this by turning on the Active Lane keeping Assist by drifting into another lane left or right and see if it pulls the car back to the lane as designed and if not then you have a problem.

Active Steering Assist;

Active steering assist is designed to help you the drive keep the car centered in the lane stopping you from drifting to close to the left or right lanes. This is for you if you are drifting left and right the way some drive do when driving, you may have seen other driver drift left and right when if front of you making them appear to be drunk the way a drink drive will do.

You can test this Active Steering Assist by making the car drift left or right while in the center of the lane, it should pull the car back to center and if not then there is a problem.

Collision Prevention Assist;

Collision Prevention Assist is designed to keep you from getting hit by another car when driving, it works off Radar to watch your soundings area of your car. If a possible collision appears that may happen it will apply the level of breaking you need in hope to help you avoid getting hit or hitting someone else avoiding the collision. Your Technician can test this by using the shop XENTRY tool or it may be called the Star Diagnostic tool for testing and reset, it taking approximately 1 hour to do the job.

If you have problems with your vehicle you can get help and you can win but you must have records of repairs on the concerns you have and have attempted to get those repairs made more than three times unless it is a safety issue which is two times, meaning Brakes or (SRS) Safety Restraint System. There are a lot of good attorney who can win for you but you must contact one of them. Thank you and pass the word forward if you need help or know someone who does. I am a certified Craftsman and certified by ASE, Detroit Diesel, Hybrid trained and a Certified Appraiser with over 40 years of hands on experience. I have also been on the witness stand over 58 times with over 800 deposition and have never been impeached.

PLEASE LEAVE ALL TESTING TO THE EXPERTS JUST TELL THEM WHAT YOUR CAR IS DOING AND THEY WILL KNOW WHAT TO DO, MOST OF THE TIMES.

Jackie Winters

Lemon Protection

800-700-0109 with any question.

 

 

Lemon Law case WON for Honda Brake Concerns

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I had a Lemon Law case for brake concerns a few years back for a Honda Odyssey not stopping as soon as they should and locking up at other times.  I got a call from the customer who had been referred to me by their Lemon Law Attorney here in Los Angeles.

I set a time to inspect the vehicle for the customer and drove out to Redlands, California on a Saturday morning. The weather was clear and the roads were dry. I photoed the Honda Odyssey Van and did a walk around checking for damages as I always do and the van was very well maintained. I checked all fluid levels and inspected under the van for leaks at each wheel and then the ABS Anti-lock Brake System the Hydraulic Control unit and the Brake Master Cylinder. I photo the Van under side and brake parts, the VIM number and odometer before and after the road test, this is normal operation when inspecting a vehicle.

I did observe moisture at the Hydraulic Control Unit which made me to be extra cautious and photographed that moisture at the Hydraulic Control Unit and would be extra cautious during my road test. This brakes system is what the main concerns were when the customer complained about to the dealership for not stopping as it should and locking up the wheels at times.

I road tested the vehicle several miles as I do all vehicles and found the brakes at times in the rear would lock up as well as observed brake fading when holding the brakes down to stop, this is not normal operation. I finished the inspection and advised the customer to return to the dealership and show them the moisture at the Hydraulic Control Unit so she would be able to show the dealership Technician.

I returned to my office an did my research on ALLDATA for Technical Service Bulletins to see if Honda had published any Bulletin for the Technician could apply that to the problems on the vehicle.  There were no recalls but there was one Technician Service Bulletin on the brakes for brake leaking at the Hydraulic Control Unit and I was stunned to see what the repair was on this Odyssey Van. The Technician Service Bulletin actually had the Technician apply sealer to the leak at the Hydraulic Control Unit, my thought was this cannot be right because sealer will not hold on a Hydraulic control Leak.

I did my report and used that Technical Service Bulletin to show Honda knew about a brake problem with this New Honda Odyssey but the repair was not what I expected because sealer will not hold pressure or stop a leak in the brake system.

Several months later I was subpoenaed to be on the witness stand to show the Jury my finding as well as Video and Photo’s I had made during my inspection and explained how this brake system works and why sealer was not a good repair for it, it was unsafe and should not have been repaired under this Technician Service Bulletin. After my testimony the Technician for Honda disputed what I said and said the sealer was a good repair for this part. The Jury disagreed with his stamen and took the evidence I had and we won the case all the way across. The customer got a full buyback from Honda and the attorney’s fees and expert witness fees were paid.

The fact is brakes are a safety issue when not working properly which will include brake squealing noise when stopping, grabbing, groaning noise, pulling to one side, fading, vibrating when stopping, not slowing down or pulsating when stopping.

You can win in a lemon law case as long as you have it together, this customer had good records showing she had complained several times for her complaints and the fact is the factory will not make repairs unless it is a proven defect and repair attempts were made several times.  When a repair is made under the Factory Defect Warranty it is because it was verified and repair attempts were made. The Lemon Law applies to New and Used or Certified Pre-Owned vehicles.

Thank you and please pass it on if you like,

Jackie Winters

Lemon Protection@yahoo.com

800-700-0109

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lemon Law Case Won on Electrical Issues

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Ford Explorer Electrical Issues

I am a Lemon Law Expert Witness and was thinking of a case I did a few years back on a Ford that was having Electrical Issue. The attorney’s client called me and I was told she was having electrical; issue with her Ford Explorer and needed an inspection. We agreed to a time I would be able to see her vehicle for the inspection.

On the day of the inspection I met with this lady and took her keys and started my inspection. I took pictures of the outside of the Explorer and the VIN numbers and the odometer for documentation. I examined the underside and photographed the oil leaking at the engine and transmission as well as found the tires were wearing on the inside. I checked the fluid levels and checked for loose parts in the steering system before I started my road test.

After I started the engine the first thing I observes was the instrument cluster started flashing off and on after I started the engine and was driving. I ran a scan for trouble codes and several trouble codes came up for control modules. I continue my road test and also observed the Transmission was jerking at times and I recorded the times it was jerking which was during the up shifts. I also checked the steering and the vehicle pulled left indicating an alignment issue. I made notes as I always do on my finding and continue the inspection road test.

When I ended the road test, I took a photos the odometer to show how many miles I had driven and then the inspection was over. I went back to my office and wrote my report and turned it over to the attorney and waited. Several months later we had a trial on the vehicle. I was on the witness stand and was asked what happen during my inspection and explained that to the Jury. I had photos and videos I made when I was doing my road test and proved he lied when the videos were shown.

The expert for Ford also did his inspection and to my amazement stated he did not witness any concerns and the vehicle was working as designed which was a lie, this is when I learned what goes on in a court room. The attorney called me after the case ended, I ask about the other expert and was told yes they will lie and do anything they can to win a case but the Jury saw what I had gotten during my inspection and believed be, we WON hands down based on the evidence.

You can win in a lemon law case as long as you have it together, this customer had good records showing she had complained several times for her complaints and the fact is the factory will not make repairs unless it is a proven defect and repair attempts were made several times.

If you have problems with your vehicle you can get help and you can win but you must have records of repairs on the concerns you have and have attempted to get those repairs made more than three times unless it is a safety issue which is two times, meaning Brakes or SRS Safety Restraint System. There are a lot of good attorney who can win for you but you must contact one of them. Thank you and pass the word forward if you need help or know someone who does. I am a certified Craftsman and certified by ASE, Detroit Diesel, Hybrid trained and a Certified Appraiser with over 40 years of hands on experience. I have also been on the witness stand over 58 times with over 800 deposition and have never been impeached.

 

Jackie Winters

Lemon Protection

800-700-0109 with any question.

 

 

 

 

 

When is a New or Used Vehicle a Lemon?

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A Lemon is the last thing a person wants to get when buying a new vehicle of any kind. Ever wonder what a Lemon vehicle is and what it takes to prove it and how to prove it in a court of law

Buying a new vehicle, be it a car, truck, motorcycle or boat and many others things listed but not mentioned here is what no person want’s.

1) First what makes my vehicle a lemon according to the law?

A) Any repair that can’t be fixed in a reasonable number of attempts and is still causing the same problem such as A/C Foul Odors, transmission whining noise or jerking, engine noise, emission leaks and the list goes on and on.

2)  How many repair attempts is considered reasonable attempts for a repair?                                                                                                                                                         Three repair attempts is considered reasonable

3) How many days in a repair shop is considered a lemon?

30 Days or more in the shop is considered a lemon.

4) How can this A/C foul odor be considered a lemon?

The dealership has attempted to fix the foul odor under the Factory Warranty that  covers defect.

5) What should I do if the dealership says the problem I have is normal?

Get a non-biased opinion, most concerns are not normal.

6) Why is a repair done under the factory warranty?

The part was defective and the factory Warranty only covered defects.

7) Can the foul odors be fixed once and for all without covering the smell with fresheners that can be harmful to your health?

Yes it is a repairable problems, it takes several hours to do to proper repair. Most people believe the foul odor is normal and don’t ask for help anymore.

8) How can I prove my vehicle has a defect and it is still not repaired?

First have three repair attempts under the factory warranty. If they say they cannot duplicate the problem make an appointment and be sure you can prove the problem and be sure to write down any comments the Technician spoke when road testing and witnessing the complaint.

See the repair report before signing and taking car. If the Technician told you he witnessed the concerns but the repair order report states no problem found, call the manager and get the Technician there and make him say to the manager what he told you and make sure it is in writing before you sign it.

If they refuse to write it down call the Bureau of Automotive Repair in your area and they will help you. Everyone is entitled to a full written report of what is said and done about their vehicle.

9) How do I prove it in a court of law?
First you have your repair orders proving the A/C Foul Odor was attempted to be repair and has failed.

A) The repair attempts were done under the factory warranty and have failed.

B) The foul odor was witnessed by a Technician.

C) The complaint was witnessed by several repair technicians and temporary cleaned not repaired and the odor returns.

10) Can the foul odors be a heath concern?

I have heard many people and myself have had health problem caused by foul odor A/C everything from headaches to burning eyes and burning dry throat, other people have told me the same things such as.

The Foul Odors cause their eyes to burn (some people)

The Foul odor causes their throat to get raw (some people)

The foul odor cause them to have headaches (some people)

The found odors cause some people with asthma to have related asthma attacks. (some people)

11) Can the cause of the foul odors be fixed?

Yes, the cause of the foul odor can be fixed if the Technician will get the authorization to do the proper repairs.

12) What do I do now that I know I have a possible lemon?

  • Call a lemon law attorney
  • Get a clear copy of all of your document including the Contract or Lease, all repair orders, all notes, all phone conversation, and all things said to you by the dealership employees about your vehicle.
  • Be ready to fax or e-mail all your information
  • Do not send SS Numbers to anyone.
  • Be sure when you settle the attorney’s fees will be paid by the other side and not out of your settlement.
  • Let him do his job and you will come out ahead with possible a new replacement car, all you money back including the down payment and or part money back and you keep the vehicle.
  • Remember when working with an attorney, he or she will not call you unless they have something they need to discus with you so be patient with them.

Good luck and tell a friend.

Jackie

Motorhome Inspection New and Used

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I have inspected Motor-homes and 5th Wheels over the last several years and was amazed on what I have found wrong with new and used Motor-homes. Everything from broken parts to lose parts too parts not secured in place, bolts coming out screws stripped out and loose, water leaking at the tanks, water shooting out of the toilet when flushed as high as three feet, gas leaking and parts not connected just to mention a few things.

After years of inspecting Motor-homes and 5th Wheels I thought it was time to let people know about what to look for when making a purchase of a new or used Motor-home.

You would not expect to find things wrong with a brand new Motor-home but the truth is the people working on these are not all trained certified mechanics, some are trained mechanics that find a job with these companies and then start doing what they are told to do. I am sure over time the men or women get better at what they do and in fact make better homes for the customer but still some things are left undone or improperly done because of the time to get them out the door.

I have written a new book on Motor-home Inspection and it covers the home from front to rear inside and out on things you can see and test before purchasing.

Some of my customers have stacks of document of complaints on their Motor-home and the major headaches they have in attempting to get them fixed. I do Lemon Law Inspection on them.

One of my customers had a near accident but a Truck driver behind saw what was happening and he blocked the two lanes next to her to give her time to pull over safely and that allowed her to get out and tie up some of the doors that had just fallen open. The doors fell open during travel because of bent or improperly mounted holding locks.

I have one customer coming out of Arizona and he had just purchased a Brand New Motor-home and less than 100 miles he observed his siding was peeling off, he pulled over and picked up the siding and went to a hardware store and purchased a box of screws and re-secured the siding. He drove to a dealership and they said you did a better job than we did and we can’t make the siding any better for you, you are OK to go. He left a little dazed at what he was told.

I have seen molding falling apart or broken during assembly when the parts should have been replaced but was not. This book I have written will save you a lot of headache and down time if you just take the time to do what I am telling you to do before you sign the contract, a lot of things you may find you can order them to be properly fixed before you take possession. If you take possession and then find things wrong you better be ready for a long hall on the process of getting things fixed that is if you can find an authorized dealership to do the work. I have seen some homes in the shop for as much as three months for a simple repairs because of parts on back order or the shop is just busy  to get to the work needed.

Tell a friend and if you want a copy of my book send me a $20.00 money order or check and I will send you a copy by Priority mail 3 to 5 day delivery.

Keep in mind those Motor-homes are protected under the Lemon Laws on New and CPO vehicles and 5th Wheels.

Thank you and tell a friend.

Jackie Winters

lemonprotection@yahoo.com

Diminished Value Money from Accident Damages

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The Insurance Companies do not want you to know it is the law that you are entitled to get this loss of value when someone hits your car or truck and it is repaired.

I did a case on a new car for a woman who was hit with a loss of value of over 15K in repairs made to it. When she ask for the loss of value monies she is owed by law, her Insurance company told her the Insurance companies do not recognize loss of value because the car was repaired back to original condition.

The fact and truth is, it was not repaired back to original condition because no mechanic, no matter how good he is can make an original back to original condition for several reasons.

  • The parts will likely be used parts from a Junk yard
  • The frame cannot be put back to original condition
  • The new buyer will not want a car for the true value when it has been in an accident and repaired
  • On vehicle with frame damage it is very likely the tires will wear out sooner than normal having edge wear, dog tracking and pulling to one side or the other
  • Accident vehicle sell for far less and the loss is absorbed by the owner of the vehicle.
  • Most people will not buy a vehicle that in an accident and repaired no matter how good it looks and if you sell a vehicle and do not disclose the accident, you can be prosecuted for fraud.

Folks I am telling you this because I started Lemon Protection over 32 years ago for the sole purpose of helping people not get Ripped Off by crooked people we have to work with including mechanics, sales people and insurance diminished value claims.

Keep in mind, we pay the Insurance Company for this protection and still they hook and crook people as if it is costing them. The truth is, it cost nothing out of their pockets. The money spent to repair your vehicle is paid by the interests on money they have avoided to pay out and they do not lose any monies on your repair.

I heard on a news report the Insurance Companies have a 50 Billion Dollar reserve, this money came from not paying out claims when they should have paid. One attorney told me straight up when I ask him why do companies hold back paying when they know they should pay.

He answered and said Jackie we have thousands of people in line we own money to for their claims but if we give in and start paying them; everyone we owe will want their money so it is cheaper to fight in court and hopeful other will drop the cases and they have, we win even if we spend several hundred thousand dollars to fight one case.

Folk’s you can get this money owed to you, it is a battle but can be done if you are willing to go all the way. The reports I write have been awarded by the US Copyright offices a copyright to the formula instruction. I have had 6 court Judged allow my report to be used in court, I have two cases that have won and one was a complete surprise according to the attorney, we just had the loss of value on the car when we went to trial in a Lemon Law case.

I have one case with an attorney in Los Vegas and he sent me a letter telling me the Insurance Company did not want to see my report in a court of law so they settled. The insurance company actually paid him four times the original offer made him, the offer went from $1,000 to $4,543 to his benefit so he won without going to trial.

I read the diminished value report written by the Insurance company and it was full of lies, all the number were guessed at, my number have proof behind them and are solid and I have proven that to several court Judges in 402 hearing. In fact the Superior Court ordered State Farm to find a formula for the diminished value and they have not done it.

I put it upon myself to find the formula so I hired an expert Master Mathematician to find the formula and he did.

I have had over 700 deposition and 47 trials and I have never been impeached, no reason to lie when I have solid evidence that will hold its own in Trial. I work with over 15 law firms if anyone needs a good Lemon Law, Fraud or Diminished Value attorney let me know, I work with the best CA, NV and AZ have to offer.

Remember when you are seeking diminished value never say anything about the repairs to the insurance company because it will cost you the case, it is not about the repair, it is about the loss of value to the vehicle.

If your vehicle was in an accident and repaired you are owed that loss of value and I can help you get it as long as it is under $10,000 and above that you need an attorney. It takes time and patience and you may end up filing a small claims court case, the cost is small.

If you have me write a report for you I will appear in court to explain the report to the Judge for you. I GUARANTEED I will not be asking you to pay my court fee if you lose the case, my court time is $250 and hour plus travel time of $40.00 an hour and parking fees. If you don’t win you pay me nothing and I will put that in writing.

As you know by now I have been a professional mechanic for over 32 years and still going strong and I want to help you, let me know if you want a report, all I need is a copy of the original estimate of repairs (if there is more than one estimate I will need those also) I charge $250 for the report and GUARANTEE it to hold up in court or you get a full refund.

God bless you and Thank you for reading, if it can help you or others please pass it on.

Jackie

Lemon Protection

800-700-0109

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.

2012 -2015 FORD Focus and Fiesta Transmission Problems

 

Does your new Ford Focus jerk, shutter, bump and grind from a stop or when up-shifting?

 

Have you been told by the service department;

 

  • Can’t Duplicate the Concerns
  • No Problem Found
  • You’re not putting it into gear fully
  • We had to re-program the ECM and you will be OK
  • We had to replace the clutch but it is under a Good Will repair

   After you left the shop everything seem to be OK, several days go by and you notice a slight jerking. You call the dealership and you are told;

 

  • We will have to re-program the ECM with a newer version so come back in
  • During the service re-program you are told you need to service the transmission, you agree

You pay for the service and leave thinking alright finally they got it and all seem to be well. A few months go by and you notice the transmission seem to be slipping, at times the engine RPM will race up then drop down and it feel like you’re not moving faster when you accelerate or move slowly.

You call the dealership and tell the service person what’s going on and he tells you to come in as soon as you can. You go to the dealership and after two hours you are told the transmission will have to be replaced because something broke and it will be under warranty.

You feel a sigh of relief thinking now with a new transmission I can move on and forget I ever have to see the shop again. You get your car back and several weeks pass and nothing has happened and you decide to take a long trip using the old highway so to see a lot of small towns.

You are driving several hours in stop and go traffic and you have an overnight stay in a small town. The next morning you get up to continue on your happy drive and as you are pulling out of the Motel lot the car starts to jerk and grind and you say what is going on and feel like your heart dropped out of your chest. You call the dealership and they tell you to bring it in as soon as you can but you’re 75 miles away from them.

They say no worries it will just jerk when you’re pulling away or up shifting so be easy on the gas and you will make it. You start out to the dealership and all seem to be well until you come to the next small town. Just your luck at the last stop out-of-town the transmission starts to slip and grind and then it stops moving, you’re 55 miles away from the dealership and you have to call a tow truck. When you get to the dealership you told some fluid leaked out and you must have hit something in the road. You explode and say I had no problems and there were no fluid leaks when I left this morning. and then the next morning it broke, you told me to drive it to you. Finally the service persons come back and say’s OK we will replace the transmission under a Good Will repairs this time but you must pay for the fluids, not wanting to you agree.

What is a FORD Transmission DPS6 what does it mean and how does it work.

DPS6 means:

D —Dry Dual Clutch

P — Power Shift

6 — 6-speed transmission

S — Synchronized

The transmission is two transmissions in one transmission case using several gears and actuator motors for smother shifting characteristics and reliability. This has not proven to be the case with this transmission, it is not very reliable and there are constant complaints of Jerking, Shuttering on pull always, slipping and grinding.

From understanding this transmission it is my opinion the problems lie in the clutch and pressure system. I have repaired many vehicles over the years and from what I am seeing the clutch system is where the problem is. The one thing that makes me think this is the point of the problem is based on the heat and problem that start after the car is hot.

The transmission works off a double clutch system. The front clutch operates the 1st, 3rd, 5th gears and the rear clutch operates the 2nd, 4th, 6th and R gears. The clutch works off the same drive disk which operate like a brake rotor it gets heat from both sides. Heat causes warpage and in turn warps, warpage will cause vibration and slippage on a clutch. Hopeful FORD will see this and fix the problem.

Is there a current repair for this transmission? Not Yet but it is my understanding FORD is working on a repair fix as we speak, maybe they will see my suggestion.

What can you do if you own one of the FORD Focus or Fiesta or have any make of vehicle with a transmission problem?

You can call a good attorney to help you get a refund, replacement vehicle or your money back which should include your down payment as well and attorney fees paid by the other side when he settles.

The California Law provided for this kind of service and you pay no up-front fees, the fee is paid after you settle. Pass it on if you like it, any question please ask.

On the front page of this web site at the bottom, several Lemon law and Personal Injury attorneys I have worked with over the last 14 years, I have had over 5,000 customers use one of these law firms and I trust each one of them.

Thank you and GOD bless you.

Jackie Winters