Tag Archives: trucks

We won $10,000 in Small Claims Court for Diminished Value and $8,115 in Superior Court in Van Nuys, CA

Featured

Posted on by

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

Featured

Posted on by

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lemon Law Case Won on Electrical Issues

Featured

Posted on by

Ford Explorer Electrical Issues

I am a Lemon Law Expert Witness and was thinking of a case I did a few years back on a Ford that was having Electrical Issue. The attorney’s client called me and I was told she was having electrical; issue with her Ford Explorer and needed an inspection. We agreed to a time I would be able to see her vehicle for the inspection.

On the day of the inspection I met with this lady and took her keys and started my inspection. I took pictures of the outside of the Explorer and the VIN numbers and the odometer for documentation. I examined the underside and photographed the oil leaking at the engine and transmission as well as found the tires were wearing on the inside. I checked the fluid levels and checked for loose parts in the steering system before I started my road test.

After I started the engine the first thing I observes was the instrument cluster started flashing off and on after I started the engine and was driving. I ran a scan for trouble codes and several trouble codes came up for control modules. I continue my road test and also observed the Transmission was jerking at times and I recorded the times it was jerking which was during the up shifts. I also checked the steering and the vehicle pulled left indicating an alignment issue. I made notes as I always do on my finding and continue the inspection road test.

When I ended the road test, I took a photos the odometer to show how many miles I had driven and then the inspection was over. I went back to my office and wrote my report and turned it over to the attorney and waited. Several months later we had a trial on the vehicle. I was on the witness stand and was asked what happen during my inspection and explained that to the Jury. I had photos and videos I made when I was doing my road test and proved he lied when the videos were shown.

The expert for Ford also did his inspection and to my amazement stated he did not witness any concerns and the vehicle was working as designed which was a lie, this is when I learned what goes on in a court room. The attorney called me after the case ended, I ask about the other expert and was told yes they will lie and do anything they can to win a case but the Jury saw what I had gotten during my inspection and believed be, we WON hands down based on the evidence.

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.

If you have problems with your vehicle you can get help and you can win but you must have records of repairs on the concerns you have and have attempted to get those repairs made more than three times unless it is a safety issue which is two times, meaning Brakes or SRS Safety Restraint System. There are a lot of good attorney who can win for you but you must contact one of them. Thank you and pass the word forward if you need help or know someone who does. I am a certified Craftsman and certified by ASE, Detroit Diesel, Hybrid trained and a Certified Appraiser with over 40 years of hands on experience. I have also been on the witness stand over 58 times with over 800 deposition and have never been impeached.

 

Jackie Winters

Lemon Protection

800-700-0109 with any question.

 

 

 

 

 

When is a New or Used Vehicle a Lemon?

Featured

Posted on by

A Lemon is the last thing a person wants to get when buying a new vehicle of any kind. Ever wonder what a Lemon vehicle is and what it takes to prove it and how to prove it in a court of law

Buying a new vehicle, be it a car, truck, motorcycle or boat and many others things listed but not mentioned here is what no person want’s.

1) First what makes my vehicle a lemon according to the law?

A) Any repair that can’t be fixed in a reasonable number of attempts and is still causing the same problem such as A/C Foul Odors, transmission whining noise or jerking, engine noise, emission leaks and the list goes on and on.

2)  How many repair attempts is considered reasonable attempts for a repair?                                                                                                                                                         Three repair attempts is considered reasonable

3) How many days in a repair shop is considered a lemon?

30 Days or more in the shop is considered a lemon.

4) How can this A/C foul odor be considered a lemon?

The dealership has attempted to fix the foul odor under the Factory Warranty that  covers defect.

5) What should I do if the dealership says the problem I have is normal?

Get a non-biased opinion, most concerns are not normal.

6) Why is a repair done under the factory warranty?

The part was defective and the factory Warranty only covered defects.

7) Can the foul odors be fixed once and for all without covering the smell with fresheners that can be harmful to your health?

Yes it is a repairable problems, it takes several hours to do to proper repair. Most people believe the foul odor is normal and don’t ask for help anymore.

8) How can I prove my vehicle has a defect and it is still not repaired?

First have three repair attempts under the factory warranty. If they say they cannot duplicate the problem make an appointment and be sure you can prove the problem and be sure to write down any comments the Technician spoke when road testing and witnessing the complaint.

See the repair report before signing and taking car. If the Technician told you he witnessed the concerns but the repair order report states no problem found, call the manager and get the Technician there and make him say to the manager what he told you and make sure it is in writing before you sign it.

If they refuse to write it down call the Bureau of Automotive Repair in your area and they will help you. Everyone is entitled to a full written report of what is said and done about their vehicle.

9) How do I prove it in a court of law?
First you have your repair orders proving the A/C Foul Odor was attempted to be repair and has failed.

A) The repair attempts were done under the factory warranty and have failed.

B) The foul odor was witnessed by a Technician.

C) The complaint was witnessed by several repair technicians and temporary cleaned not repaired and the odor returns.

10) Can the foul odors be a heath concern?

I have heard many people and myself have had health problem caused by foul odor A/C everything from headaches to burning eyes and burning dry throat, other people have told me the same things such as.

The Foul Odors cause their eyes to burn (some people)

The Foul odor causes their throat to get raw (some people)

The foul odor cause them to have headaches (some people)

The found odors cause some people with asthma to have related asthma attacks. (some people)

11) Can the cause of the foul odors be fixed?

Yes, the cause of the foul odor can be fixed if the Technician will get the authorization to do the proper repairs.

12) What do I do now that I know I have a possible lemon?

  • Call a lemon law attorney
  • Get a clear copy of all of your document including the Contract or Lease, all repair orders, all notes, all phone conversation, and all things said to you by the dealership employees about your vehicle.
  • Be ready to fax or e-mail all your information
  • Do not send SS Numbers to anyone.
  • Be sure when you settle the attorney’s fees will be paid by the other side and not out of your settlement.
  • Let him do his job and you will come out ahead with possible a new replacement car, all you money back including the down payment and or part money back and you keep the vehicle.
  • Remember when working with an attorney, he or she will not call you unless they have something they need to discus with you so be patient with them.

Good luck and tell a friend.

Jackie

Did your Attorney tell you about DIMINISHED VALUE?

Posted on by

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

 

 

“WARNING ADD OIL” or “WARNING GO TO SHOP”

Featured

Posted on by

Have you read what Consumer Report are saying about Oil Consumption?

Consumer Report is saying to add oil between oil changes is not normal.

I have been telling the driver of BMW, Porsche and Audi that very same thing for years, so let me give you some more direction that may help you understand better about oil consumption as well as other question you will want to ask your dealer when buying or getting repairs made.

There are a lot of good thing added to the new vehicle on sale today, the Navigation system with backup and side cameras; the Blue Tooth phone system, the adjustable mirrors, the i-pod features and the heated seats and Turbo Chargers for extra power just to name a few of the additions.

I want to give you some question you should ask in hope to help protect yourself when making a purchase. I will start with the extended warranty and what things to ask for followed by some things you may experience that may be called normal.

First off when the salesperson wants to sell you an extended warranty the cost is negotiable, if they say no, tell them you will go elsewhere to but your vehicle. When you buy that extended warranty be sure it covers SEALS and GASKETS, if that is not in a warranty, it is useless papers. A leaking engine or transmission will cause a warranty to be voided if it is not fixed. If you don’t have that seals and gasket warranty coverage and your engine or transmission goes out you are out of luck on repairs, the warranty will not apply.

Be sure the warranty covers A/C and Electrical Wiring as well and be sure to read all in the contract before you sign it. One rule of thumb is be sure to read anything you ask for and they say is covered, if they say A/C, Electrical, Seals and Gaskets are covered, be sure read it.

ADDING OIL EVERY 750 TO 1000 MILES IS NOT NORMAL FOR ANY VEHICLE.

Another question you need to be concerned about and ask is “Will I have to stop and add additional engine oil between oil changes”. Some of the new High-End vehicle are having to have addition oil added ever 750 to 1,000 miles.

Some oil cost as much as $15 a quart, over the driven miles of a high-end Turbo Charged vehicle of 100,000 miles you may spend as much as $5,000 extra for additional engine oil because of oil burning. If oil is needed you must add it so you don’t burn the engine up, that’s 333 extra quarts of additional oil or 47 oil changes you never got, just because your engine is burning oil. There is one exception of the High End vehicle engine burning oil.

The GM Corvette is a high performance engine and from my experience I have had no Corvette owners ever tell me they have had to add additional oil between oil changes. Other new car dealership are selling high-end vehicle not as powerful as the Corvette and their owners are having to add oil between 750 and 1,000 miles of driving, why, because they are burning oil.

Some of the dealership personal is telling the customers it is normal for the engine to burn oil because of the High Performance Engine runs at higher temperatures. That is the biggest box of crock you will hear, no it is not normal for an engine to burn oil.  One of my customers told me she went into the dealership on average of every 750 miles; she said her “Warning Add Oil” would come on. When she went in they added a quart of oil every time, she was told it is normal and no RO was needed because it was a good will gesture.

A repair order receipt of the free quart of oil they add every time the customer comes in with a “Warning Add Oil” light on should be written up and given.

I have built and worked on thousands of engine over the years and I assure you it is not normal for any vehicles engine to burn oil, high performance or not.

One thing to remind you of and that is on the New and CPO Automobiles and Trucks the lemon law applies to all of them with a warranty. It is up to you the buyer to keep all records when going to get repairs of any kind even if they call it a good will gesture. Vehicle purchased that has passed accident damage is also covered under the Fraud laws and they will apply, if you buy and get the papers later that shows the vehicle was in an accident when you were told it has not, don’t worry you may be covered as well.

If that new or CPO vehicles is having problems with engine oil burning or electronics concerns, the lemon law can be used all at no cost to you the consumer. If an attorney takes your case you will not pay because he will be the one to settle your case, the attorney fees will be included so you don’t have to pay.

I have listed the names of a few attorneys that a lot of my customers have used for their cases over the years and have been settled to their satisfaction.

To remind you, I am not an attorney but work with attorney law firms as their Technical expert and have been used in trial 45 time and deposition over 500 times and have never been impeached. I am not qualified to give legal advice and do not give legal advice.

Good Luck and if you have any question please ask, tell a friend.

California Lemon Law and Mobile Homes?

Posted on by

1 LP Emblem

Are Mobile Homes Covered under the Lemon Law?

In some states YES but may be filed under a different heading.

In fact there are a lot of things covered by the fraud and lemon laws in our states that you may not know about.  Starting with Cars, Trucks, Mobil Homes, Boats, ATV’s and Computers are the ones I am involved in.

Note:  Big Tractor Trucks are covered under the Lemon Law see ” Seeman – V – Freightliner. I just did two Big Tractor trucks for a law firm in Arizona and the cases were filed as a Lemon law claim.  If you own a Tractor Truck and it is giving you problems there is still help out there and worth the time it takes to investigate.  Your filing would have to be done by an attorney if you want good results. If you just want the satisfaction of letting the sellers know you are not going to take any more lies Small Claim Court is the way but not recommended because of the low amount you can file for, a small claims law suit can be done.

Sounds like everything we buy are covered, but what are the chances of you getting help with your case.  The chance is very good when you have attorneys who care more about you and your concerns than the selling dealership does.

I have inspected several Big Rig Trucks and the ones I have done were for engine leaking coolant, oil or just not running properly. I have also done several Mobile Homes and the most of them are falling apart from trim not fitting correct, stoves and sinks not mounted properly, floors that are rotted and sagging down.  I have seen rotted floors where the dealership had patched the floor together and then painted it to look new, this was a bad repair, water shooting back up out of the toilet when you flush it. That’s right when one of the owners finished the toilet, water or whatever was in the toilet just shot back up out of the toilet like a water hose.  If you were like this person you would have got a big surprise when you flush just like he did, he said it was disgusting and all over the floor as well as him.

I got this one on photo, it was pretty amazing, the person said the first time it happened he said the mess was unbelievable and told me to not stand over the toilet when he flushed it to show me what happens.

I have found electrical issues, hydraulic issues, slide outs getting stuck in the out position, water leaking inside when it rains. Over heating when you go up a small hill, in fact I have seen them that have had a new engine installed when they were on the way to be delivered to the buyer.

Another thing to watch out for is if you buy outside of your state and take delivery of the vehicle the warranty coverage is not what you might expect.  I had a lady who had purchase a Used Mobile Home in California but had to take delivery in Nevada, I could not understand that purchase. When she needed repairs she ran into a real problem using the warranty they gave her, after she spent over $14,000 trying to fix the home she went to small claims court. She won $3,000 back along with free oil and filter service for the next five services needed. This person would have been better off getting a good attorney and filing a lemon law suit but she said she did not want to get an attorney involved.  I actually went to small claims court with her as well as help her prepare her case and negotiated the settlement for her, she told me after it was over before she filed they only offered her $1,000. She said the outcome of her case was very satisfying even if it was far less than she had spent, she got the $3,000 and five oil and filter changes amounting to another $1,000 in service.

If you purchased a Big Rig or a Mobile Home and you are having an unacceptable amount of repairs or breakdowns then you may be entitled to a refund or compensation for all those problem, keep in mind it will take a good Lemon Law attorney to help you.  The process for Mobile Home lemon law is the same as for a lemon car or truck, including new or used as long as it is purchased from a dealership.

In order to get prepared for you case to present to an attorney you need to do this.

1)    Have a clear copy of the original purchase contract.

2)    Have a clear copy of all your work repair orders and they must be readable when faxed.

3)    Have photo or videos if you can of all broken or damaged parts including dash warning lights.

4)    Have maintenance records in order, if you do your own maintenance then have the receipts for the fluids and filters you purchased, including fuel and air filter.

5)    Make sure all the papers are in order, this will help your attorney see quickly if you have a case, most attorney law firm will call you back within 72 hours (exclude holidays it may take a few days longer) Try to keep and updated file for fast finding facts.

Good luck and God bless you all and if you needed an attorney I have listed several of the best attorneys in California on my web site at lemonprotection.com.

If you are in another state the law firms listed on my web site also have offices in other states, call me 800-700-0109 or e-mail me at lemonprotection.com if you live out of the state of Ca. and I can tell you the names of law firms my customers have used in that state.

Also for those interested, I have just published another new book on how to go about inspecting a Mobile Home. You can purchase a copy for $15.00. Send me a check or MO for $15, this will include P&H and will be sent by the US Postoffice Priority mail. I hope this little bit of information will help you

Thank you, GOd bless you and good luck with your Mobile Home.

Jackie

Disclaimer; Please keep in mind I am not an attorney and cannot give legal advice but am only a certified mechanic and inspector of new and used vehicles and was established in 1984 and issued a United Stated trademark for Lemon Protection.

Investors are welcome.

Z-28 Ignition Problems A No Money Easy Fix

Posted on by

5.7 L Z-28 Cleaning the Distributor and Not replacing it?

As most anyone driving the GM Z-28 Camaro with the 5.7 L engine knows the GM Distributor is located in front of the engine and when it gets wet it causes a lot of problems and finally a no start condition. I just had 1994 Camaro Z-28 leak water from a pin hole and then the distributor got wet and that was it, it started to run bad, jerking, spitting, barking and then stopped running just as I hit the end of the driveway.

I pressure tested the water system and found a pin hold in a coolant return line on the top right side of the engine, I fixed the leak. I attempted to start it but failed. I knew the ignition got wet and had to do what most don’t like to do and that is, just get into it and get it over with. It took me 5 hours, I’m old and slow and getting slower at something’s, not to mention I ache a lot.

My first thought was darn it the location of the engine distributor was not thought out well when it was designed into the engine and will place a lot of people in a bad spot if it get wet as a lot of them do just like I did.

The Ignition Distributor is on the front of the engine on a 5.7 L engine. It sits behind the front crankshaft harmonic balancer and water pump. These two parts have to be removed to get the distributor off along with a few other parts like the fans, hoses, electrical connectors and coil as well as the AIR Pump and belt. It is not a hard job to do but it is time consuming.

FYI, the Distributor runs off the water pump drive gear and that runs off the cam gear connected by chain to the crank gear. If you do this repair be sure to check the water pump for leaks or noise, a cheap part to replace and can save you from an unnecessary repair.

If the ignition gets wet it will make the car start to run bad, then worst, then not at all. So if you remove the distributor don’t spend hundreds of dollars and buy a new part, this one can be fixed unless up break it taking it apart, here is how.

After you remove all the parts and get the Distributor off the engine and on the bench your ready to fix it all in just a few minutes without buying any parts.

First wipe the outside of the part clean with a rag, if the nipple of the distributor cap is damaged you will need to replace it if not here is how you fix it to run again as if it never got wet. A used distributor can be used off another module if you have one but I think I read a new one is around $30.00 check your local auto part stores.

Now that you have removed the distributor from the engine and it’s on the bench and cleaned.

There are four inverted thorx head screws that has to be removed, I could not find a tool to fit the screw head bolts so I used a 3inch thorx head screw from the hardware store stick that screw you get from the hardware store upside down and with a pair of vice grips hold it then unloosen the four screws from the distributor cap and place them on the side.

Next be gentle and lift the distributor cap off the Control Module and turn it over. Most likely it will be wet with water so I used an air hose to blow dry mine, if you don’t have air use a rag to dry it out, and be sure it is very dry. If it is not wet your control module may be shorted, if that is the case you will need to have it tested before you replace it. Be sure if it is dry to check all the wire connectors for continuity and looseness as well as breaks before buying a new control module. The junk yard I am sorry to say, is full of Z-28s and the parts will likely work if you match the car you’re working on for the parts thus saving you money. If it is wet continue to clean the cap.

Also while the cap is off scrap the tips of each contact, a small flake will drop off, that’s burned carbon build-up on those points.  Cleaning those contact point and rotor tip will make better contact when you restart it. If you observed you will see a seal that is around the housing, if it breaks and mine did. I used some RTV Red, a very fine coat on the gasket both sides to hold it to the part and to stop any water intrusion if leaks water on it, this RTV will not hurt anything and will seal the cap to the distributor control module.

I can’t say this will work on all engines but it work perfect on mine, it cost me a few hours of my time over a few days, I can only work a little at a time. On average I think anyone willing to try and do this repair will be able to do it in a less than 5 hours and save as much as $800.00 or more in parts and labor, you will need one special tool you can get from an auto parts store for around $25.00 it’s called a Harmonic Balance Puller. Good luck and GOD bless all.

 

 

Car issues that may force you into Small Claim Court.

Posted on by

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      

Books for lemon law, used car inspection, Identifying a Lemon and Invention from Idea to market.

Posted on by

 I have been a certified mechanic for over 32 years and have found a way to help other by way of writing how to books for the lay person. I also wrote a book on invention and how to protect yourself from crooked contracts.

The first book was “Invention from Idea to Market” this book is about an invention I made called “Ab Radical” and is sold by Edison Nation online and in some stores. It is way to help a person do abdominal crunches with ease. It has a back and neck support and helps you do crunches by pulling two handles and crunching just 4 inches or less to isolate the abdominal. It works very well as long as you are willing to endure the time it takes to do crunches. This book will show you what happen to a lady that was unprepared when she wanted to market her invention and was laughed at on a TV show. I will try to help you take the right steps and explain what things you need in place so to better your chances of getting someone to license your product. You don’t wan’t to spend money on making a lot of units when the company you license your product to will start over with their own ideas.

The second book I have written is called “Identifying a Lemon”. This book helps a person know when they have a lemon vehicle and what to look for and then what to do about it. You will learn what the proper way is to protect yourself from the start. You never know if you have a lemon or not but if you do it is better to know how to protect yourself. Why pay all that money for something that is not working to factory standards when you may be entitled to a full refund, replacement vehicle or money compensation. Most lemon law attorneys don’t ask for a fee when they take your case in most states.

The third book I have written is named “How to communicate with your Mechanic”. This book helps you understand how to explain what is going on with your vehicle in time of repairs. This gives the mechanic a better understanding of how to go about finding a fix fore your car or truck problems.

These books can be found on Kindle Book/ Amazon book

If you want to order any of the three book or all three please let me know. For our reraders the set of all three books would cost you $15.00 and will have free shipping in the USA. Each book separate is $7.00 each with free shipping in the USA.

If you have any questions please contact me with a comment and I will respond ASAP.

Thank you for your time and kindness, GOD bless you all.

Jackie Winters

Lemon Protection

Lemonprotection.com