Category Archives: rear end

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Jackie Winters

Lemon Protection

Vehicle Diminished Value and Collecting Your Money

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tell a friend.

Jackie Winters

Lemon Protection Est 1984 TM 1988/2001

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Jackie Winters

Lemon Protection

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

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

How did we do it?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Thank you,

Jackie Winters

Lemon Protection

Did your Attorney tell you about DIMINISHED VALUE?

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What would you do if you found someone owed you thousands of dollars would you ask for it?

Was the Diminished Value included when you signed the release of Liability?

I think the answer to the first question is “Yes” and the second is “NO” and are the same answer as everyone else has. You can make a change.

These questions are related to cars and trucks that have been in an accident, repaired and then returned to the customer with the loss of unseen value.

As a legal expert witness for Lemon Law, Fraud and Appraisals I can speak in full truth about the money I am speaking about and that is the loss of value you get when your car or truck has been in an accident, repaired and then returned to you with nothing said about the loss of value owed to you.

The vehicle is towed to a shop and then repaired according to what the Insurance wants to pay. If it is cheaper to Total Out your vehicle then it is Totaled Out whether you like it or not. Some high-end vehicle will pass the Maximum Allowable Damage and get repaired so that amount will pass. They do this with the body shops getting Estimates of repairs, the estimate of repairs will show what work need to be done.

This is supposed to be followed up by a secondary estimate of repairs and should never have a third or fourth estimate of repairs but some do. This third and or fourth estimate of repairs will make the loss of value over the Maximum Allowable Damage amount to be exceeded but because all the work has already been started, the repairs are approved and you lose even more.

This is made possible by the Insurance appraiser and the body shop. After the repairs have been approved the vehicle is repaired then returned to the owner.

By the way you will not see any estimate of repairs until the job is done and you get the vehicle back. You will have to ask for a copy of those and be sure to ask for a copy of all estimates of repairs made, it is your right to have a copy.

When your vehicle is returned to you and although it may look like it did before, beware there are unseen damages you may not be able to see. These unseen damages may not show you for some time down the road, you don’t want problems to sneak up on you.

First if the vehicle was in a major accident where it sustained Frame or heavy body damages such as the roof, A/B/or C pillars or the rocker panels have damages and had to be straightening or replaced, watch out. This means the body and frame alignment will be off because it is bent, twisted, crushed, ripped or torn. With this kind of damages it is most likely the tires will by your first sign showing abnormal wear within the first year and wear sooner as the years pass by. If it is body pillars or the roof, water leaks and wind noise is most likely with possible shorts in wiring that was not seen during a repair or replacement part.

The vehicle can never be put back to original position as it was when it left the factory and this is where the loss starts.

Where is the loss of value?

When you go to trade or sell the vehicle. A Car Fax or Car Check company will have a copy of the police report showing the vehicle was in an accident, Dealerships will not take a vehicle in trade when Car Fax or car Check is showing an accident. If you sell it on a private sell and the buyer knows it was in an accident he will want to pay up to 50% less than Blue Book Values.

If you sell a vehicle that was in an accident and you did not disclose that accident damages to the buyer. You have broken the law and you can be made pay everything back for the vehicle and possible more if he or she contacts an attorney.

What Can a Person Do to Get That MONEY?

Make sure if your vehicle is getting repaired, inform your attorney you want Diminished Value separate from your Personal Injury Claim so he will know to be asking for it separate from the personal injury claim.

  • Make sure he knows how to get that Money for you and tell him you have a company that is willing to work with him or her and is able to give Expert Witness testimonial to the loss of value with a strong foundation.

You will need a Diminished Value report and at Lemon Protection I writes those kinds of reports, they have been approved by several courts, I also work with several law firms that will pursue Diminished Value for you.

Go to my web site front page and at the bottom and side, there I have listed the names of several of California’s best attorneys for Personal Injury and Lemon Law. They will answer your questions free.

If this information has helped you, please pass it on and tell a friend.

Thank you and GOD bless you,

Jackie Winters

Lemon Protection

 

 

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).

 

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.