Category Archives: attorney

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).

 

“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.

California Lemon Law and Mobile Homes?

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Are Mobile Homes Covered under the Lemon Law?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Jackie

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

Investors are welcome.

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

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

 “INHERENT DIMINISHED VALUE”

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

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

Thank you for reading my post and tell a friend.