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