We-WON Diminished Value Case in Van Nuys CA for 10,000

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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

Lemon Law case WON for Honda Brake Concerns

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

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

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

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

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

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

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

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

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

Thank you and please pass it on if you like,

Jackie Winters

Lemon Protection@yahoo.com

800-700-0109

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Motorhome Inspection New and Used

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

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

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

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

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

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

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

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

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

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

Thank you and tell a friend.

Jackie Winters

lemonprotection@yahoo.com

Car issues that may force you into Small Claim Court.

Going to small claims court is not a fun experience, especially when the other side is more prepared for trial than you are. How do you get prepared for trial? Here is a story of a person who was in an accident because the bolts that hold a part on broke. The part that was held on has a Recall on it from the NHTSA department. The bolts that hold that Recall part on, is what broke and caused an accident. The customer did not cause the accident but his repairs were dropped anyway because he was blamed for the accident not by law but by the dealership he trusted.

I recently had a Small Claim appearance for a customer who had purchased a new truck back in 2003 and took good care of it on regular bases.  The story I will tell you is about an accident he has because of a defective part that has a Recall on it. My customer had to file a Small Claim complaint to get satisfied. By the way the Small Claims Court can be used for car repairs, body damage even Diminished Value or actually anything between two or more people.

Back in 2010 he had an accident and totaled out the truck. First I will tell you about the accident. I will tell you about the process you will need to take in order to prepare for court in hope to get the results you want. When you actually go to court in front of a Judge to explain why you are there you need to be prepared, I will give you detail instruction later in the story.

When I met my customer he stated he was having problem and did not know where or who to turn to, he was not from America and only liver here for a short time and his English is very broken.  I ask what happened and if he had an attorney. He said no and he did not know much about what to do. He did as his Insurance Company told him to do. His passenger was hurt and the Insurance Company took care of him. But the owner is still without a truck or transportation and needs help.

He contacted three Personal Injury attorneys and sent them all his paper work and they all stated he waited too long to do anything and he was not hurt. He was advised to file for damages in Small Claims Court and so he did that, and did it just in time. It is my understanding you have one year to file your claim.

My customer found me at my web site lemonprotection.com. He called me and asks me to do an inspection and attempt to determine the cause of the accident so I accepted the job. I ask exactly what happened when he was driving, what speed he was going, what lane he was in, was the truck making any noise, did he feel anything unusual vibration. These are question you need to be able to answer in court if it is based on an accident filing.

He stated he was running around 65/70 mph in the car pool lane, he stated the truck started to vibrate the front dropped down and he hit the wall and that was it. He stated the Air Bags did not go off when he hit the wall. I ask how the road condition was, were you going straight or was the road curved. He said the road was straight and flat with good condition, what lane was you in when this happened? Here are more questions you need to know and be able to answer as well.

The police came and had the vehicle towed, later it was moved to the dealership for inspection as recommended by his insurance company. The dealership inspected the truck and said the lower ball joint did not come apart as the NHTSA Recall was issued for. He was told the dealership does not have to fix the truck. He responded you have a Recall on that part and they stated the recall is not the part that broke, but the bolts that hold that part on are what broke. How dumb does that sound? The Recall NHTSA # is for the lower ball joint but it was his fault for the accident because the bolts broke instead of the ball joint it is holding.

His insurance refused to fix the truck based on their finding saying it was his fault that caused the accident.

I was ask to do an inspection and attempt to determine what happened and if possible what caused the accident. I went to the client home and photo the truck from every direction. I paid close attention to the impact area and the steering and suspension parts based on his explanation.

Upon inspection I found the lower control arm bolts have broken off leaving one extended ½ an inch indicating loose bolts and the bolt head popped off leaving the stud.

The inside steering knuckle at the backing plate held the truck up as it spun around and the hit the wall.  When the right front wheel folding under it caused the truck to spin around and hit the wall with the right front of the truck. This spin around impact caused the right front tire to get punctured and blow out but there was no wheel damage.

The right rear was also damaged from the truck after impact to the right front area, the truck continued to bounce back and around causing the rear right side impact. The truck was traveling North bound and hit the right front corner and appeared to be traveling from the South bound direction. This was caused by the lower control arm bolts breaking off and the wheel folding under as it did.

It was our turn to stand before the Honorable Judge. The other side presented their evidence attacking the owners because he did not use the dealership for maintenance and repairs. I was called in to tell what I witnessed. I first had to prove I am an ASE Certified professional and also proved I have an Appraisal certificate and that I did.

I then proceeded to explain how I did my inspection and I had photos to prove it. I explained how the accident happened and was very clear in every detail.

The Judge asks me how about the tire the other side stated that blow out and caused the accident because it was bald. I said your Honor that cannot happen; he was on flat dry straight road. The tire blows out at the point of impact by the bumper gouging the tire causing tire blowout, he was not in rain or in a curve. The Judge ask me about all the tires being slick, I ask to see opposing counsel photo they had and explained the tires have some tread on them but not slick as the other side is stating. I also explained the 3/8 steel bolts don’t sheer off from an impact and the other side Technician stated he has seen hundreds of bolts at that place sheer off because of impact. I told the Judge that is not true and he knows that because the other parts related are not damaged as he attempted to say.

Going to court and here is what you will need;

1)     Information on vehicle

2)     Date of accident or issue

3)     Place of accident

4)     Illustration or photos

5)     Witness if any or Notarized statement from witness if not present

6)     Expert witness if you have one

7)     Report of expert witness if written

8)     What is your complaint

9)     Do you have photos if no get some, if yes bring them, they must be clear and blown up 8/10 if possible to show the damage you are complain about

10)      Get someone you can trust and is certified to inspect your vehicle and is willing to go to court with you. Be sure they witnessed your problem so they can explain the issue you are there for.

11)      Proof of all evidence is your key, you must be able to paint a very clear picture and have documents to prove it, receipts dates and times, phone record and recording. Photos work well in accident damages or repairs. Notes, letters e-mils are all very important.

12)      Explain you story in a very slow step by step review of the event.

13)      When the other side speaking do not over speak that person it will make a difference, it shows animosity, you will get a chance to speak.

14)      Always be polite to a Judge and be respectful as well as dress proper with clean shaven and heir combed, this all make a difference.

15)      The more information your mechanic has about your car and the problems or accident information he has the better he can help describe his finding for court.

You only have one chance and you need to do the best you can. The truth is the one that paints the best picture will likely win, the judge and jury like photo and videos, this gives them something to use to help them decide for you. Good luck and get prepared.

Any question e-mail to lemonprotection@yahoo.com or go to our web site

Lemonprotection.com   and see names of law firms my over 3,500 clients have used for their Lemon Law cases.

NOTE: We are not a law firm and do not give legal advice, this information I am giving is information I have acquired over the years of doing lemon law inspection and going to trial as an expert.

If you need an expert to go with your to court call me. If you need an attorney go to my web site for the list of attorneys over 3500 people have used and been satisfied with.

lemonprotection.com