Tag Archives: accident

Won, $5090 for Diminished Value LA Court

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January 07, 2022 Diminished Value

My name is Jackie Winters and I am a Diminished Value Expert. Today we won another Diminished Value case for a total of $5,090 for a rear end collision.

After we met at the court and went over the file I had prepared and I had prepared a brief for the Judge, this gives him an overview he can read in a matter of seconds and know exactly what happened. We walked into the court house and went into the room for the Judge to judge my client’s case for a rear end collision the Ins Co are refusing to pay.

Everyone in the court room is ask to go outside and try settle the case, some do settle but my clients case did not so we had to stand before the Judge and present his case.

We walked up to the desk in front of the Judge when his name was called and the Judge ask why was he here? My client said Your Honor I am here for my loss of value caused by the defendant when he rear ended my car.

The Judge ask the Defendant was the accident your fault and the Defendant answered “Yes Sir”.

The Judge then ask my client how the accident happen and he said “I was at a stop sign when the Defendant rear ended me”, the Judge then ask about the Diminished Value report and my client ask the Judge of I could speak for him about the Diminished Value and the Structural damages and the Judge said yes.

The Judge ask me about the Diminished Value report I wrote for James and after my explanation of it and how we come to get the numbers he agreed it was accurate and he admitted it into the court, he also asked me about the damages and what had happened. After I explained the report and why the car cannot be made whole, he said I  will give you my decision in 5 to 7 days.

Seven days later I got a call from my client James and he said we won the case for the full amount ask for, he was only allowed to ask for $5,000 since he owned a Car Lot and the car was for sale, so $5,000 is the limit he can ask for, all other claims can ask for up to $10,000 for loss of value.

Even though we won, I do expect the Ins Co to appeal the case in hope my client will back down, most people think you need an attorney for Superior Court but not here, I was the client speaker given permission by the client and agreed by the Judge and he allowed me to speak about the Diminished Value and the Structure damage done in the accident, the car was rear ended and required some panel to be replaced and that is structural damage and the car will never be made whole again as it was and we proved that fact.

Remember if you get in an accident not your fault, you are entitled to get Diminished Value for your loss, all you go to do is prove it and remember most Ins Co will appeal the case and you do not need an attorney to go to court with you in Superior Court when they appeal your case, we have won all Superior Court Cases so far.

Good Luck and 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

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

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

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

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

 “INHERENT DIMINISHED VALUE”

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

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

Thank you for reading my post and tell a friend.

How To Inspect A Used Car

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

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

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

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

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

5) Check for broken parts and worn rubber parts.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Used Vehicle that have been an accident, beware

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In the past I have inspected several like new cars and they all looked like they were well-maintained and never have been in an accident, the inspection proved otherwise. One must be aware that some used-car dealers will buy cars from auto auction, and some of those vehicles have been wrecked and repaired. These cars may never get reported to the police department and therefore do not show up in the Car Fax or Car Check reports.

With the purchase the customer also purchased an extended warranty. He started to have some electrical issue as well as suspension noises soon after. The dealership told the customer the $2,800.00 warranty he/she purchased did not cover the repairs because the repair was related to an accident that occurred before the vehicle was purchased. The customer was told the vehicle has never been in an accident.

I was asked to do an inspection on it and found several area showing damages that had been repaired indicating the vehicle has been in a major accident.

The vehicle which was purchased for $26,000, the person who purchased the car was given a Car Check report and showed to not have been in any accidents and based on that the car was purchased.

The customer wanted to trade the vehicle in and when the dealership inspected the vehicle the y found past accident damage, the dealership turn down the trade in. According to a new Car Fax report given to the customer during a trade in it appeared the vehicle had been in an accident. I later realized the original Car Check report had been cut and pasted together without the section showing the accident part. Someone sold a vehicle under fraud conditions when they made the true Car Check appear to be something it was not.

Used-car dealers’ salesmen know how to talk to car buyers. An inspection from a Trained Technician should always be done on newer used vehicle when the sale seems to be too good to be true.

A salesman may tell the potential buyer, “Look, I like you and want to help you. Although I am not supposed to do this, but I will drop the price a few more hundred dollars to help you.” This is a hook most people fall into. This $26,000 car should have been sold for $13,000, but like I said he was given a discount because the salesman said he likes him. Remember sales person does not know you any better than you know him or her. Sales persons are trained to make you feel like a true friend when in fact all they want is to sell you the vehicle and get that commission; then it’s good-bye and don’t bother me with any car repairs or complaints you have. The truth was the salesman may not have known about the accident damage but it seemed he robbed the customer. The customer had to file a lawsuit that may drag on for months or possible more before he recovers any money at all.

Upon inspection I removed some trim panels and took photos of the places where the rocker panels were and could see it had been hit and improperly repaired. This vehicle’s actual cash value was around $13,000, about half of what the customer paid for it and far less than the value of a good vehicle that was not wrecked. Not to count the loss of the $2,800.00 warranty that would not be honored by any dealership, the customer loses all the way around. The Lemon Law firms I work with may file what is called a “Fraud” case to help you recover the loss if this happens to you. You need to have all your paper work in order when you file.

I have inspected over 3,500 vehicles and have only had to go to trial on 53 cases. The attorney law firms I work with are the best in the business. A wrecked vehicle is also an unsafe vehicle if it was not properly repaired.

If this vehicle that had another side impact at the same side which was improperly repaired, the people on that side of the vehicle will likely die or get severely hurt. When a side center post or rocker panel is replaced, there are specific places that need to be worked on in order to make the vehicle worthy to be on the road again. When a dealership sells a vehicle that has been in an accident, a statement of fact (disclosure) has to be given to the customer so he or she will know about accident.

My recommendation is: have a professional vehicle inspector inspect the vehicle, to see if the damaged areas have been properly repaired or not. If he or she decides to buy the vehicle the chance of getting it insured is unlikely anyway. A vehicle with frame damage has a value drop of at least 50% no matter who repaired the vehicle and the resale of that same vehicle is unlikely, unless it is to a junk yard. My advice is: don’t buy any vehicle that has had a major accident. Get a report from Car Fax and Car Check as well, because one may not show the vehicle was in an accident and it is likely the other will.

If you need a good Lemon Law attorney or a good Personal Injury attorney go to my web site and you will find several attorneys over 3500 of my customers have used all with great success.

Thank you for visiting and tell a friend, GOD bless you.