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