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Dwayne B.
Dwayne B., Attorney
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Experience:  Began practicing law in 1992
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An adjuster added one hundred thousand miles to the history

Customer Question

An adjuster added one hundred thousand miles to the history of my automobile.What can i do about this in court?
Submitted: 2 years ago.
Category: Legal
Expert:  Dwayne B. replied 2 years ago.
Can you rephrase your question? I'm not sure what you mean.
Customer: replied 2 years ago.
I own a 1988 dodge custom van that was parked and the adjuster totaled it. I have 88475 original miles. Never rolled over. The adjuster write 188475 which lowered the value. What can i do?
Expert:  Dwayne B. replied 2 years ago.
"What can you do" in what context? The question is so general that I don't really know how to answer you.
Customer: replied 2 years ago.

I am currently serving the two cars that was involved in the collision that struck my van as I want my van restored to the condition it was in before the collision.. Its bad enough that my van was struck while I had nothing to do with the accident, but as I mentioned before, their adjuster came out and totaled my van and put the wrong mileage on his report.(100,000 more miles). I am suing for $5,000. Is there a case law that can help me in court? I would think that my van is worth between $3,000 and $4,000. I only have liability insurance. What can I do? The adjuster listed repairs at a cost of $2,900. But as I said he put the wrong mileage and lowered the value of my van.

Expert:  Dwayne B. replied 2 years ago.
As far as case law, I can't do that research for you because that crosses a boundary here and in addition the cost greatly exceeds the value of the question. I can give you a location where you can do your research online for free and can recommend a good book on how to do legal research if you would like, or I can opt out and see if anyone else picks up.

Let me know which you would like for me to to.
Customer: replied 2 years ago.

Please give me the on-line free research site and I thank you for your help.

Expert:  Dwayne B. replied 2 years ago.
Go to http://scholar.google.com/advanced_scholar_search?hl=en&as_sdt=0,32

It is a subdivision of Google but doesn't work like regular Google. It has all the case law of the ones that charge. It's a little harder to use, just a little, and a little more time consuming but it is getting better as it is used and I'm pretty sure that soon most of us in the legal world will be using it.

There is a good book on legal research at http://lessonsinlaw.com/the-guerrilla-guide-to-legal-research-finding-the-law-for-non-lawyers-now-available/ if you're not familiar with doing legal research. It focuses on using Advanced Scholar.

As to your questions on the adjuster putting the wrong mileage on your van, then I agree that that mistake almost certainly cost you some amount of money in the offer, assuming they used that figure. If you file the lawsuit in a court that allows discovery then you will need to send discovery to find out what they based their offer on. In addition, you will want to use the correct figure to find out what the offer would have been if they had used it.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27300
Experience: Began practicing law in 1992
Dwayne B. and 8 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 2 years ago.
Thanks for the positive rating.

If you have any follow up questions, feel free to come back to this thread. It will stay open for a while. That book I sent you to is really good and gets right to the point, but you may have something not covered in there so feel free to let me know.

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Dwayne B.
Dwayne B.
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Began practicing law in 1992