Tag Archives: refunds

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2012 -2015 FORD Focus and Fiesta Transmission Problems

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Does your new Ford Focus jerk, shutter, bump and grind from a stop or when up-shifting?

 

Have you been told by the service department;

 

  • Can’t Duplicate the Concerns
  • No Problem Found
  • You’re not putting it into gear fully
  • We had to re-program the ECM and you will be OK
  • We had to replace the clutch but it is under a Good Will repair

   After you left the shop everything seem to be OK, several days go by and you notice a slight jerking. You call the dealership and you are told;

 

  • We will have to re-program the ECM with a newer version so come back in
  • During the service re-program you are told you need to service the transmission, you agree

You pay for the service and leave thinking alright finally they got it and all seem to be well. A few months go by and you notice the transmission seem to be slipping, at times the engine RPM will race up then drop down and it feel like you’re not moving faster when you accelerate or move slowly.

You call the dealership and tell the service person what’s going on and he tells you to come in as soon as you can. You go to the dealership and after two hours you are told the transmission will have to be replaced because something broke and it will be under warranty.

You feel a sigh of relief thinking now with a new transmission I can move on and forget I ever have to see the shop again. You get your car back and several weeks pass and nothing has happened and you decide to take a long trip using the old highway so to see a lot of small towns.

You are driving several hours in stop and go traffic and you have an overnight stay in a small town. The next morning you get up to continue on your happy drive and as you are pulling out of the Motel lot the car starts to jerk and grind and you say what is going on and feel like your heart dropped out of your chest. You call the dealership and they tell you to bring it in as soon as you can but you’re 75 miles away from them.

They say no worries it will just jerk when you’re pulling away or up shifting so be easy on the gas and you will make it. You start out to the dealership and all seem to be well until you come to the next small town. Just your luck at the last stop out-of-town the transmission starts to slip and grind and then it stops moving, you’re 55 miles away from the dealership and you have to call a tow truck. When you get to the dealership you told some fluid leaked out and you must have hit something in the road. You explode and say I had no problems and there were no fluid leaks when I left this morning. and then the next morning it broke, you told me to drive it to you. Finally the service persons come back and say’s OK we will replace the transmission under a Good Will repairs this time but you must pay for the fluids, not wanting to you agree.

What is a FORD Transmission DPS6 what does it mean and how does it work.

DPS6 means:

D —Dry Dual Clutch

P — Power Shift

6 — 6-speed transmission

S — Synchronized

The transmission is two transmissions in one transmission case using several gears and actuator motors for smother shifting characteristics and reliability. This has not proven to be the case with this transmission, it is not very reliable and there are constant complaints of Jerking, Shuttering on pull always, slipping and grinding.

From understanding this transmission it is my opinion the problems lie in the clutch and pressure system. I have repaired many vehicles over the years and from what I am seeing the clutch system is where the problem is. The one thing that makes me think this is the point of the problem is based on the heat and problem that start after the car is hot.

The transmission works off a double clutch system. The front clutch operates the 1st, 3rd, 5th gears and the rear clutch operates the 2nd, 4th, 6th and R gears. The clutch works off the same drive disk which operate like a brake rotor it gets heat from both sides. Heat causes warpage and in turn warps, warpage will cause vibration and slippage on a clutch. Hopeful FORD will see this and fix the problem.

Is there a current repair for this transmission? Not Yet but it is my understanding FORD is working on a repair fix as we speak, maybe they will see my suggestion.

What can you do if you own one of the FORD Focus or Fiesta or have any make of vehicle with a transmission problem?

You can call a good attorney to help you get a refund, replacement vehicle or your money back which should include your down payment as well and attorney fees paid by the other side when he settles.

The California Law provided for this kind of service and you pay no up-front fees, the fee is paid after you settle. Pass it on if you like it, any question please ask.

On the front page of this web site at the bottom, several Lemon law and Personal Injury attorneys I have worked with over the last 14 years, I have had over 5,000 customers use one of these law firms and I trust each one of them.

Thank you and GOD bless you.

Jackie Winters

Engine Oil Burning

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Engine problems, adding oil every 700 to 800 miles?

As a mechanic I will explain why an engine will burn oil and why it should not burn oil as well as what to do if it is burning oil. Do you have to add oil; before it time to change it, if the answer is yes then your engine is burning oil and it is not normal. The reason an engine is burning oil is it has an internal leak at the Piston Rings, the Valve Guides or the Valve Seals.

I have had a lot of customers tell me the engine is using oil and they are told by their dealership it is normal for an engine to burn a quart of oil every 700 to 800 miles and not to worry about it, just add oil or come in and we will add the oil for you.

Please know if an engine is using oil even a quart every 700 to 800 miles then you are creating smog and our laws do not take kindly to that. We have strict smog laws because of oil burning vehicle on the road and it is hurting our environment.

If your engine has to have oil added between oil changes then you will need one of three things done and it will require a complete engine teardown. If the Valves Guides or Valve Seals are leaking oil past then into the Piston Cylinder then the cylinder heads will have to be removed and that is at least a 14 hour job on most engines today. This repair requires the cylinder head to be removed and reworked and new guides and seals installed.

If the Piston Rings are leaking oil then you will have to have the engine torn down all way and the Pistons will have to be removed so new Piston and Rings can be replaced and that cost almost as much as a remanufactured engine (USED BUT REBUILT).

I guarantee you if your vehicle is under warranty and the warranty expire you will be told the engine oil burning will have to be fixed. You may say to the service writer I told you I was burning oil every 700 to 800 miles and you told me not to worry about it. Now I am burning two quarts of oil every 1,000 mile and now you are telling me I need a ring job or possible a new engine, so what’s up with that?

What should you do if your engine is burning oil and you can’t seem to get the help you want, call a lemon law attorney and get a professional lemon law expert? I work with the best in the business and I have seen results for my customers. Some have gotten all their money back or a complete replacement vehicle because of this oil burning and other things that can’t seem to be fixed. Don’t let a service writer tell you well the first quart of oil to get burned is normal, do you remember when you first purchased the vehicle if anyone told you the engine will need oil added every 700 to 800 miles. I don’t think anyone can say they were ever told that until after they paid for the vehicle and then had to go to the shop for an oil light or oil pressure warning coming on.

If you need help let me know or go to my web site lemonprotection.com, help is there for you and keep in mind most attorneys don’t charge you to take your case and you will come out ahead. My motto is “We Only Inspect – Not Repair” help is her for you, God bless you.