Yea ripped up news you needed. That's who you don't have. Come running
just as fast as we can. Shoot's gonna help. Come man, This
is the Troubleshooter Show. No Tom Martino. Yeah, I'm Tom Martino and
I welcome you to the show. How are you doing? Our number is
three oh three seven one three talk seven one three eight two five five.
You'll see on my wide shot of your streaming. I got John Fuller here,
Fuller Law, personal injury attorney. Uh, welcome John, John.
Did you know that we were talking about AI off the air? John?
Do you know that I went on AI and I said, draft me a
complaint and I gave it to circumstances and you know what it did. It
drafted me a complaint. Now it has all the disclaimers. Make sure you
know, always see an attorney. God blah blah Blahlthough you're well, you
can represent yourself, John. I have said this before when it comes to
technology, I love technology. By the way, I'm not one of these
people. I don't do email, I don't do this, I don't do
that. I love technology. Okay, there's good and bad. I feel
like a Napoleon Dynamite with his uncle talking about I love technology. Do you
remember the song you wrote? You have to find that song and play it
because I love it, but not as much as you and me anyway.
So on technology AI, I was at first a little resistant, thinking it
skews one way or another when it comes to social issues, and it does
no matter what it does. But when it comes to facts, figures,
just issues where there's a black and a white, don't ask it about no,
seriously, don't even ask it about climate change, or don't ask it
about anything if you want two sides when it comes to skewing on this particular
thing. But John, I asked it to draft me a legal complaint,
and by god it did. Now think about it, Think about it?
Is that incredible to you? Now? You must have software that can do
certain things and have general templates, but to skew it out, to spit
it out like that. And now people say, well, it's just a
search, it's way more than that, way more. You saw me just
ask about how to do something on my MacBook Pro here, and it's better
than the help you would try to find it Apple, And I was just
talking about it in general. Do you think it's crazy? Have you messed
with it that much. You know, I haven't really messed with it in
terms of like legal documents and stuff, but I mean it's clearly cutting edge,
and it's going to be a bigger and bigger part of our lives.
I think the early renditions were, you know, were riddled with problems like
oh yeah, yeah, like they called hallucinations and errors, and they still
have some. But you know, in legal writing, we have to attribute
almost everything we write to some case or some holding that it forms a legal
basis. However, there have been attorneys that have gotten in deep d deep
trouble because the citations did not support what the no. I can't argue with
that because I don't know enough to know. So that's kind of the risk,
is that it can spit that well, yeah, and how would you
know if it's right or wrong. If you're an amateur, you've got to
go do the legwork and check it and so and yeah, if you're an
amateur, you do that at your own risk because you can really find yourself
out. But think about this, like, for example, I have the
thing where you can talk to your car, but you have to know what
to tell your car. For example, you say I give my car a
name and then it activates the computer. And then I say, you know,
like, let's just say it's computer. It's not but computer, what
is the odometer reading? Okay, that's easy. Or computer play ninety one
point one or pay one oh three point five okay, boom. But if
you say something just out of context, it doesn't understand you. But I
see a time in fact, within months or it has to be where everything
now is going to have that conversational chat pot because why bother going through all
your manuals and stuff when I can say on my car, hey, you
know computer, or hey car, I need to adjust this or adjust that,
or how do I turn off the rear view mirror folding every time I
press the keyfup right? Okay, you know what instead of just telling me
go to this or go to that, you should just do it. And
I see a time when AI is going to change everything. Why would you
ever fumble through directions and setting things like just there it is, just tell
it what you want, ask it what you want. By the way,
speaking of an issue with app with apples in general or a computer, let's
talk to Marlene and then I'll go to Eric Eric has an issue with a
contractor, and then I have John Fuller. We're going to talk about all
kinds of stuff, of course, legal or otherwise when it comes to personal
injury for sure, John Fuller, Fuller Law. Marlene. What is your
issue? Marlene? Good morning tom Y. What's happening? My issue is
my Apple ID got hacked? And which which kind of idea is that?
Your Apple? My Apple ID? Jeez, how did that happen? Well,
it started with my Apple credit card. I had a Goldman Sax Apple
credit card. I don't know how it happened, but somebody got into my
credit card. And with my credit card, I had Apple Cash. So
every time you make a purchase, a percentage of that purchase purchase goes into
your Apple Cash. So I had over four hundred dollars accumulated in my Apple
Cash and I received a message that my Apple card had there was a large
purchase and they wanted to confirm that was my purchase. And I called Apple
and I said, that is not my purchase. So they know your Apple
ID. Though. Let me get this straight, because there's two different things.
Your Apple credit card was hacked and it's really a debit card, right,
don't you first transfer cash and then transfer out or is it a regular
credit card? It's a regular credit card. Okay. So your Apple credit
card? Does it say Apple or does it say Visa or MasterCard? Because
I don't have an Apple card, So how does how does that work?
Is it a card unto itself? Or does it carry a Visa or MasterCard
banner? It's a master card issued by Goldman Sacks and it's an Apple credit
card. Okay, I never saw that. Okay, So I know what
your question is though, So you want to know. You want to know
how the hell that happened. And normally, normally the only way that can
be hacked is somebody skimmed it or somebody got into your account. But your
Apple ID has not been hacked, right, because that would be if that's
the case you're in, Go ahead, my Apple ID. They got into
my Apple ID and they changed the trusted phone number associated with my Apple ID,
so now I have no access to anything Apple, my Apple account.
I'm just going to say, you are screwed. No, you're screwed.
I'm telling you now, listen. I'm just just so you know, just
so you know, Apple will not do anything about it unless you have if
they went in and changed your trusted number and all of that, the only
way you can get out of that is well, there is no way.
With Google, you have some other backups you can do, and you can
give it previous passwords or something to prove it you. But with Apple,
there is virtually no way. Listen, I went through this with someone.
They had to establish a brand new Apple ID, brand new. I'm telling
you it is unbelievable, because the own unbelievable. I have Apple Air,
but you're not. They're not considering you a victim. Let me tell you
what's going on. And I'm not telling you I agree with this, Marlene.
They are not looking at you as a victim. They are saying in
the in cases of an Apple breach, that you gave away or somehow did
not protect your information. Because it's very difficult to hack an Apple ID.
I mean, I can see them hacking your card with a skimmer, But
how did they get into your Apple I D. That requires a username and
a password and then another text code. So how did they do that?
Well, my Apple I D is associated with my Apple credit card, but
there but you can skim a credit card and get the Apple ID. All
you get with it when you skim a card is the ability to charge on
that card. It doesn't give you the ability. I'm telling you, man,
I have everything Apple and Mac. I don't have one of those credit
cards, but I will tell you I have an Apple ID and your credit
card, though, is connected to the Apple ID in that you have to
sign into your Apple ID to get access to the credit card. But the
credit card does not give you access to the Apple ID. Somebody got your
password, they got your they looked at your phone. Well, even with
your phone sometimes you have to re sign in. Somehow someone got your username
and password and you either had to share it or they did a screen share
with you, or they got into your computer. That's another issue. They
did get into my computer? Well then how okay, there we go.
How did they get into your computer? Oh my god, this is such
a nightmare. All right, you hold on, hold on, I promise
you listen. There's going to be an answer. If someone got into your
computer, that's a little different. But I do want to take Erica as
well, and then I have esther. So hold on, Marlene, just
have some patience. We have some experts that might be able to help you.
Three oh three seven one three talk seven one three eight two five five.
Got John Fuller with me Fuller Law and it's my accident lawyer dot co.
If you have any questions whatsoever, we have a lot of topicsts to
cover with him and we'll be doing that coming up. And don't forget if
you have any kind of water issues. You want pure wonderful drinking water.
Waterpros dot net the best systems, lowest prices bar none, save thousands over
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oh three seven seven to one help. You'll think you're his only customer when
you choose Frank durand the real estate Man dot com to list your home with
Remax Alliance three oh three nine two zero sixteen twenty two. Hi Tom Martino
here a three oh three seven one three talk three oh three seven one three
eight two five five. All right, So I'm going to go back to
Marlene after I talked to ericause Eric, Erica has been waiting, Erica,
let's go there, and I'm going to go back. I have a call
in for Marlene, So if you could tell her kachina, I'm going to
go back to her. What's going on, Erica. So my husband and
I started talking to a contractor about a year ago to get some landscaping,
including artificial turf laid in our backyard. Okay, And it took us about
a year to save up some money for it, and I called him back
in this February and said, Okay, I think we're ready to get going
on this. So he came out to our house in February and we gave
him a check for fifty seven hundred dollars, which was half of the cost
of the job. And by the way, I have a post on that
on money down, No money down. I mean, it's getting to be
epidemic. And there are very rare conditions where money down can be acceptable or
done to protect yourself, but usually landscapers are the worst of all of them
when it comes to taking money and disappearing. Continue your story I'm sorry.
I just wanted to interject that. Okay, no, that's fine. So
we gave him a check on February twenty third, which he promptly cashed on
the twenty seventh, and I do have the location of where the check was
cashed. I even have his account number. He was supposed to start the
job March fourth. We hadn't heard from him as of March third, so
my husband contacted him through text asking if he was going to be starting the
job the next day, and he said no, not this week, and
so we asked him to let us know when, you know, when he
was going to be able to start, because it was still kind of snowing
at that time. So we're just playing it by ear as far as the
weather. And we haven't heard from him since. Yeah, and you probably
won't. What was the name of this guy? His name is Mike Sexton
and the name of his business is so Coo Landscaping or Soco Turf, which
we found out both of those business names have been dissolved. Yeah, I'm
sorry he was presenting himself as a business but not didn't you check him out
at all before you gave him money or anything? He came to us.
My friend made a Facebook post in April of twenty twenty three about her backyard
and he did an amazing job on her backyard, and that we trusted them
there. He represented himself as a veteran owned business. My husband was in
the Air Force for twenty eight years. No, I understand. I understand
first of all, they that's easy to lie about. But even if he
was a veteran, and I hate to say this, not all veterans do
great jobs in business. And also just because they do one job that's pretty
good doesn't mean they're going to continue. This echoes so many problems we have,
but that doesn't do you any good. Bottom line is this, We
got a number of ways to go. He committed what could be a civil
crime. If there's such a thing, it's a civil penalty, it's the
Contractor's Trust Act. Now, it could be civil theft. It could turn
out to be charges if a DA or an Attorney general wanted to go after
somebody. Attorney general would have to go after somebody who's very egregious statewide.
It would be a local jurisdiction for a DA. But you're not going to
get them to do that. Unless this man took from hundreds of people or
dozens. Now here's what I want to know. The fifty seven hundred.
You have a receipt, it's a check, it's in his account. Did
you Does he answer his phone? No? Because of you? Is he
still advertising anywhere? Not that I see no. So if he just went
out of business, you could just you could just be done. Now,
if there was a way we could locate him, you could do at least
get a judgment in small claims court and then if he owns anything, put
leans on it. That's one thing. Another thing you can do is go
after him through the district's attorney because he violated the Contractors Trust Act. It
is a real thing. Have you contacted your district attorney? No, sir,
I would do that first and say listen, I know you get,
but say it like this. I know you get a lot of these complaints,
but this is clearly a violation of the Contractor's Trust Act. I got
the money, I got the proof. It was a positive. He disappeared.
What do you suggest? That's where I would start. I would also,
do you know, do you have an address for this guy on the
check or on anything on as a bank account. You said you did some
research. Do you have any address for him? We have an address for
him that's associated with his you know, so called business. Yeah, what
is it is it? Is it a real address? What is it?
It's a home it's a home address. But supposedly he and his wife are
estranged, if not, going through a divorce, and he's in some sort
of rehab for an addiction, oh god, and has supposedly lost everything.
Erica, make good on our job, even if he wanted to. How'd
you find this out? Other contractors in the area went out in America on
Facebook. You are probably braced for this, but it could be. You
know, there's no there's no fairness judge. There's no big scale in the
sky that's going to get your money back. If if this guy pissed it
away on drugs, if this guy's in rehabit, if this guy lost everything,
if this guy's diverse divorcing, I would try to get a small claims
judgment, because before that divorce goes through, you can get a judgment on
any equity he has. I mean, that's the only hope. I'm telling
you that right now. I would start with those two things. Do you
have. If you have an address, I would take in the Small Claims
Court for breach of contract immediately, and then I would call the district attorney
and then call us back. I have it marked here, so if you
start, we you know. Like I said, the worst case is probably
you're not going to get it. But I don't want to give up so
soon without you at least trying these things. And then I want you to
get back to me. Now. I want you to know something. I
promise you when I give you these steps, it's not as a putoff.
It's really going to help, because sometimes it does. You might have caught
him he was getting a divorce. You say he lost everything, the houses
in both of their names. Sorry for the wife, but his part of
his goes to you. We can do it. So hang on there.
Three oh three seven one three talks seven to one, three eight, two
five five. I'm going to come back to esther and then Marlene, I'm
trying to get an answer for you, and I have a call into my
Apple expert. All of that coming up. I want to remind you that
Frank Durand the real estate man, is very very busy these days doing what
he is doing market analyzes or evaluations of your home, meaning he'll tell you
what it will sell for in this market based on a number of different factors.
It's a custom evaluation for you, free of charge, no obligation.
Really, you can trust him. Three three nine to zero sixteen twenty two.
Frank durand real Estate Man dot com. Go with a sure thing Denver's
Best roofer Excel Roofing dot com. You don't pay a cent until you're content.
Time for an insurance check up, free, no obligation. Comparison call
Compass Insurance Paying too much your coverage at dozens of insurance companies find out now
three oh three seven seven to one help. You'll think you're his only customer
when you choose Frank durand the real estate Man dot com to list your home
with Remax Alliance three oh three nine two zero sixteen twenty two. Hi Tom
Martine, your trouble shooter three O three seven one three talk three oh three
seven one three eight two five. I'd get you calls and we have Esther
and then Marlen Esther, what's going on with a toe? Esther? Oh
my gosh, Oh I hope it's not really bad. Did your car get
destroyed or something. Well, actually it's my caregiver. My husband has a
need for a caregiver. Every single night and she comes to We have an
apartment complex and she goes into the covered parking that particular night, there were
now listen what covered parking? Was it your parking or was it somewhere she
wasn't supposed to be. Well, we have covered parking in our complex,
our apartment complex, and she parks there all the time. Yeah, but
what I mean is is she authorized to park there? Yes? Yes,
yes, oh yes, they have a special path number for her. Absolute
everybody knows her. Okay, it's very regular. But she couldn't park in
there because the police were blocking the way with lights and everything's going on,
and she knew that. She really, you know, she had to come
up with her duty to come up at eleven o'clock is what time she comes
pm. Did she go into an unauthorized space? She went into it,
whether a Chase bank, but at the eleven pm by side parking. I
know it, but they don't care. They just go. They're just nuts.
So anyway, did she get told? Yes, let me she got
towed for four She moved the car. She came back down at one o'clock
in the morning to move the car, but it was already towed and there
was no clear signage near where she parked. The three or four parking places
facing Chase Bank had no sign hold on. Now, Esther, this is
really important. Was there any sign anywhere in the parking lot? Oh?
Yes, there were lots of signs. That's all that matters. It doesn't
have to be right where they towed her. Okay, now it can't be
that confusing. But Esther, I just want to I don't want to discourage
you, but I do want to say this, okay, because we've handled
so many of these. Very seldom. I'm not saying it doesn't happen,
but very seldom do these turn out successfully for people who are parked because all
it says there has to be a certain amount of signage in the parking lot,
and then it doesn't matter if it's during business hours or not unless it
says no parking before five or after five. Now here's the thing. If
they towed it. The only thing we can do is there are certain rights
you have, because there are new laws about her rights to get stuff out
of the car, to be to finance. How much it costs that and
there are certain laws. I can look it up, but I don't think
you're going to get it erased unless something was totally wrong. So continue now
with the story. Thank you. Then she mentioned the name of the company
on radio. It doesn't matter if it's as long as it's true. Yeah.
Oh yeah, it's Wyatt And they right now have a one dollar seven.
I understand this. And every time people here, by the way,
Wyatt's did a lot of things wrong, and every time people hear about what
they did wrong, they assume that every toe after that's going to be negated.
So what else? Okay, I will So where's the car? Let's
ask you a few things. Where's the car right now? Oh? It
was? It was towed and then she had to take an uber to go
get it. How much did it cost altogether to get that car? How
much did the whole bill cost? Okay? Now I need to know another
thing. Okay, Now I need to know the address. I want to
look at it online. Okay of the Chase Bank. Oh that's a Chase
Bank. Oh dear, it's in off of Hampton and University. It's in
Kent Place. Well, Is it right next door to you? Yes,
give me give me your address then not You're you're in a in an apartment
or condo place? Right, Yes, I am, Yeah, just give
me that address. Okay, it's thirty four sixty five. So gay Lord
Court, gay Lord Court? Is that in Inglewood? In Inglewood? Okay?
University in Hampton? Got it? May I share a couple of things
that I go ahead, No, I'm listening, go ahead, Okay.
I looked up a bunch of these things because I'm going to be paying this
for her. I mean, there's no reason why she should have to pay
it. Yeah, I read that online that the car may not be towed
in Colorado. They have to give notice providing written os twenty four hours before.
That's only under okay, that's not under most circumstances. That's a little
misleading. Now that Chase Bank is quite a bit away from you guys though,
as far as what I'm looking here online, but oh shopping center,
Oh okay, I'm going to look at this. Listen. I mean,
I know what you're talking about as far as the as far as the twenty
four hours notice, but that doesn't apply in this case. I do not
believe. I'm glad you're looking into it now. Now listen, I don't
believe it does. There are certain circumstances, so let me look it up
real quick. Okay, I'm going to look up the law. During I'm
going to take a break and look up the law. So hang on,
okay, just hang on. I'm going to go back to Marlene Esther.
You will. I'm getting that law right now. I'm Marlene. Okay.
I checked with Apple okay, and here's what they said about your Apple ID.
Somebody had had to have hacked your computer somehow. So you were about
to tell us how that happened. How did that happen? Okay, I'm
going to start from the beginning. Okay, go ahead. I got an
email I can't remember now. It was an email or a text from Apple
Care saying there was a large purchase and they wanted to confirm if it was
mine. Total scam yep, total scam yep, and then what keep going?
So I called Apple to see if that was a valid email, and
they said yes, it was. And I said that, oh yeah,
And where'd you get that number to call Apple? From that email? That
email? You know, I don't remember because I well, it had to
have been. And I'll tell you why. There is no phone to call
to find out if a charge is legitimate. So it was a classic fishing
expedition where they sent you an alarming email and they gave you a phone number
to call to confirm and to shut it down and then tell her what else
happened. They said, we want to get on your account with you and
we'll credit you right. Well, even if they yeah, they they is
that? What is that? What they said? We need to authenticate who
you are and everything, so you know, going to need your Apple ID
and your password to get done, and you and you gave it to them.
And so the moment that you did that, your password became public knowledge
because they put those into databases that are available on the black web. They
sell them, they use them. They John you know, you're really well
adverse at that. Why did you do you know? People that happened?
You just read about it. I've gotten those emails myself. Yeah, I
mean I run a company with ten computers in it, and you know we
we now are on a completely Mac based system, but it wasn't always the
case. So I've just been dealing with you know, employees clicking on things
they shouldn't click on, and emails. Well, what's really weird is these
authentications numbers themselves come from the email. That's a ripoff to begin with.
But I need to ask you, and it's as much to help others as
it is you. Well, if I can help you at all, Marlene.
But when it came to that number that you called and they said it
was legit, okay, continue your story. Let's hear what else. Go
ahead, Okay. So while I was talking to this woman, my phone
pet beeping that another call was coming in from an eight hundred number. For
whatever reason, I thought maybe that was the bank calling, so I asked
her to hold. I answered the call. It was a man saying he
was a supervisor from Goldman Stack and he wanted to talk to me about my
a legal purchase, the purchase that was made. I joined the calls and
I said I And he said, I can't talk to two people on the
same line, and I I said to her, hit Well, I said
to both of them, I would rather talk to her because I called her,
so I know who she is. I don't know who you are.
And he said, I told you who I am. I'm a supervisor with
Goldman Sacks and she hung up. Why okay, but when did they get
the access to your account? Keep going? It was I'll play you the
date. I mean no, no, I mean I mean it was on
that call. But did you let them sign in or how did they did
you? Actually? Like, when did they actually get your information? Is
what I want to know. You just told me what they said to you,
But what about your computer interface with them? I don't know, well,
hold on, did they ask you for your password on that just for
authentication reasons? Yeah? Or did they say we need to get into your
account to give you a credit anything like that. He was just asking me
all kinds of questions. Okay, so he obviously got enough to get your
password and your stuff here, got the information. I'm going to tell you
now, I'm going to tell you the bad news because you were the victim.
You were a victim, but you were a willing victim. It wasn't
like they grabbed your person ran away. It wasn't like they held a gun
or a knife. They talked you into cooperating, and you cooperated. Under
no circumstances. Will anyone give your money back? How much did you lose
four. Thank god it wasn't more. Thank god. Now shut down the
account immediately. By the way, did you do that? Apple? Set
the account down? Idea excellent? Excellent. Now now establish a new one.
But that's you did the right thing and it only costs. I hate
saying only, but that's really a limitation of loss. Way better than it
could have been. These people could have wreaked havoc. They could have made
so many, so many charges on that account. Well, and I immediately
called you know, everybody my bank. Yes, Marlene, you're gonna have
to change all your passwords because they could have gotten into your computer. I
don't know how much information you gave them, but please change every password you
have. But the bad news is, and I want everyone hearing this,
if you give information about your accounts and people get into those accounts, you
are not going to get your money back. And further, if you get
any email that says call us immediately, there's a problem, there's a scam,
there's a huge purchase. You just bought us seventy eight pees. Never
never ever, ever ever call the number. Email, call that that bank
or that credit card, yourself off the number. You just ignore them.
Because you know what they're all jump you just ignore it. I'm Tom Martinez.
We have more coming up. Go with a sure thing Denver's best roofer
Excel Roofing dot com. You don't pay a cent until you're content. Time
for an insurance check up free, no obligation. In comparison, call Compass
Insurance paying too much your coverage at dozens of insurance companies find out now three
oh three seven to seven to one. Help. You'll think you're his only
customer when you choose Frank durand the real estate man dot com to list your
home with Remax Alliance three oh three nine two zero sixteen twenty two. Hi
Tom Martino, your troubleshooter three o three seven to one three talk three oh
three seven one three eight two five five esther, I got the law in
front of me, and let me explain something. Twenty four hours notice does
apply. I accept in certain circumstances. Okay. And to make a long
story short, if a vehicle is blocking a fire lane or near dumpsters,
or poses an immediate safety threat or something like that in a residential neighborhood,
it can be towed immediately. Otherwise, in a residential neighborhood, the twenty
four hours notice applies. However, the twenty four hour notice does not apply
to a business parking lot at all of any kind. Now, so the
only thing we can do is fight the charges. There are limitations and stuff
like that. If you want to hold on, but you're not going to
get away with this toe at all. You're going to have to pay something,
and we can look at that coming up. Plus, Karen wants to
talk. Karen wants to talk about a painter. All of that. After
this, go with a sure thing Denver's Best roofer Excelroofing dot com. You
don't pay a cent until you're content. Please time for an insurance check up
free, no obligation. In comparison, call Compass Insurance. Pay too much
your coverage at dozens of insurance companies find out now three oh three seven seven
to one help. You'll think you're his only customer when you choose Frank durand
the real estate Man dot com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two ript news ned advise you don't have come
run insious as fast as you can. Shooter's gonna help come man, this
is the Troubleshooter Show. No Tom Martine O. Heay Tom Martino here,
Welcome to the show. Three oh three seven one three talk seven one three
eight two five five John Fullers with me from Fuller Law, personal injury attorney,
and as well as your calls and issues and welcome. Now we have
a couple text messages for and you can text us five seven seven three nine
for John Fuller which is Fuller Law. Let me just sign back in here.
And basically, someone wants to know what is the time limit. I
don't know what they mean, but for I assume they mean on a personal
injury. What do they mean by that? So if there's an accident and
you don't do anything, what happens and what kind of time limit is there?
So there's a statute of limitations, which is the legal, you know,
outside deadline for taking action and for a car accident that is three years
from the day to the act. But it would be pretty difficult. Let's
say this. Let's say someone got in an accident and they call you two
years later and say I was in an accident, and you say, well,
did you ever do anything? No? No, I didn't know how
bad. It was until now have you had those Oh yeah, I mean,
listen, the reality is that you are you have the burden of proof,
but times your enemy all the time. Time is always the enemy.
But you have the burden of proof. And so if you were, you
know, magically transformed into a juror that was evaluating your case and you came
in and said, I didn't really treat or go to the doctor or do
anything for two years, but it was really bad. Trust me, the
jury would throw you out in about two seconds. They're just not gonna consider
that to be very you know, very you know, credible evidence. You
know. On the other hand, if you went to the er the date
of the accident, you treated for the next six or eight months, and
everything else, and then you decided to pursue acclaim at two years, maybe
you're going to be perceived as being a lot more so in essence, are
you saying you should at least get checked out right away? Absolutely, you
should do that anyway, and then you know, any treatment that follows up
on that is critically important. I mean, just keep in mind, it's
not the attorney that that that makes the case. I mean, it is
the attorney, but it's the it's the evidence that gets created by the treatment
and the bills and the damages and the losses that are sustained, and then
it's the attorney that can weave all those things together to create a good outcome.
But they can't just operate in a vacuum in the absence of all of
that other stuff. So you've got to get the treatment. You've got to
get the the documentation of all of your damages and losses in order that you
may get a good outcome. Okay, cool, Hey, let me tell
a quick antidote about that. We had a nice lady who works in the
news department. John, In fact, you tried to help her, but
it was too late. She worked there, she had an accident. She
was listening to the other person's insurance company promising to write her checks to the
tune of thirty forty thousand dollars. They kept saying checks in the mail,
or we're going to do this. Eventually she called up and they said,
well, too bad, so sad, you're past the statute. So I
called you. This was years ago, to see if there was something you
could do, because they kept stringing or along and there wasn't a damn thing
you could do. They screwed her man. Yep. That happens all the
time. That happens all the time. These insurance companies are not you know,
they're just not held to the same standards that that you know that maybe
we are. And they will lie, they will cheat, they will delay
things on purpose. I mean, they just take forever to get back to
you sometimes when we know it's because of appending deadline or something else going on
that is some ulterior motive to delaying, you know, the resolution of a
case. Yep, yep, yep. Okay, back to the phones,
and hey, Kachina, did you keep Estron because she had more to ask
or because you forgot to take her down? I'm just curious if she wants
to talk more because I was. I basically I think that I told her
everything we needed to know to Karen, what about your painter? What's going
on? Karen? Right up? Yeah? Him, Hey, what's happening?
How Yeah? So I'm with the hown. I recommended this. I'm
a realtor and I recommended this painter. They just did a job for me,
showed up on time and did everything right. Yeah, and then he
just didn't show up for us for a whole week now, and so well,
hold on, I want to ask us a couple of questions. Did
you pay him ahead of time? Okay, she did give him a deposit.
Yeah, that's one of the biggest problems in the world, man,
everywhere I'm looking at that's how much did she paid? You know, one
thousand, eight hundred and seventy two dollars. Well, that's enough for him
to get a drunk on, so you know, yeah, okay, So
she when did she pay him? That? April fourth and he was supposed
to start on May sixth, and he hasn't come. We did get one
text from him saying sorry, I haven't been able to make it. My
mom had a stroke. And then that was Thursday or Friday. And then
see when people ask me and I posted this video. I posted it on
Instagram, on LinkedIn, on YouTube, on TikTok. And here's what I
say. No money down, period, No money down. Now. There's
very rare circumstances with what I call trust accounts and with credit cards or with
scrows. But here's the deal. Most of the time, no money down
unless materials are delivered, work begins or something happens, or an order is
placed in your name and you can verify it for your address and then you
make sure it's delivered. If the guy goes south. People wrote to me
were a very upset contractor, saying, why would you say that? Am
I supposed to trust the homeowner? The answer is yes, or get out
of business? How about that? Go get out of business. You're the
ones listening to me. I'm not listening to you. If you can't do
business that way, get out of business. Now. If you want to
deliver materials, I pay for him. But just to pay money to someone
like you said, Let's say this guy is one hundred percent honest his mom
had a stroke. He can't do it. So okay. If he's one
hundred percent honest and he did stuff, according to the law, that money
is supposed to be in a trust account. So what I want you to
do is tell him that I want you to say this, and then call
us back. All right, sir, we are so sorry about your mom
having a stroke, But according to Colorado law, that money was supposed to
be put in trust for the homeowner or spent on her job. Anything other
than that is civil theft, So please let us know. If the money
was spent on her job, when can those materials be delivered? Or if
it was not spent on her job, can you please return it? Otherwise
we're pursuing civil theft. That money should be somewhere. Okay, that's just
the way it is. What's the name of the landscaper, actually the painter,
And I'm sorry, that's what I meant. I'm sorry, that's what
I meant. The painter, it's Reese R. E E. S.
And his last name was Houghton h O U G H T O N.
And Reese's what's the name of his company? What's the name of his company?
Painting, our age painting. Okay? And when was the last time
you talked to him? Uh? Talk, talk, I don't know,
but text. He did text me on Friday, okay. So, and
that's when he said he would start Saturday, two days ago. Did you
hear what I told you about what to mention to him specifically? And do
you know why I mentioned that? Because if this guy goes bankrupt. Listen,
if he goes bankrupt and claims ignorance of the law, some judges let
him out. So you're not going to let him do that. You're going
to call and say You're going to call and say, because if he goes
bankrupt after you tell him that, there's a good chance he's not going to
get out of it. So you say to him under the Colorado Trust Act,
that money should have either been put in trust the Contractor's Trust Act.
I'm sorry, the money should have been in trust or spent on the job.
If it was spent on the job, tell us when we can expect
delivery of materials. If it was not spent on the job, then please
send us a refund. If not, we are pursuing civil theft charges.
Now you let me know what he says after that, okay, because this
is unacceptable, unacceptable? Any other questions? What's that? What happens?
If he doesn't, what happens? If he never responds, then you start.
Then you start going after him for in small Claims court for civil theft.
Actually, you should also call the district attorney and then we should just
put him on the sleeve. Brigade. You need to call me back and
let me know I'm making I am making a note of this for that reason.
Okay. Question, can we hire somebody else to get started? We
have a bit of a time crunch. Yes, Steve the painter. Now,
I don't know if he can get it done quickly, but he's a
star Quality painting. We love him. He's a great guy. And let
me find him here, Steve, we call Steve the paint or his business
name is star Quality and uh, okay, let's see. Let me give
you that number. I got it right here. It is. It is
three oh three nine four eight eight seven six' five. Okay, and
then but we can hire another painter. We can basically because he didn't show
up. He kind of told us, do you have a written contract with
this guy? We do? We do? Unfortunately, Well, okay,
yeah, you can get started. I mean I think the guy breached the
contract. I mean, I don't see where what is he gonna get upset?
You can tell him, hey, okay, finish the job then or
give us you know, listen, this guy doesn't have the money. This
guy's a clown. I can tell all I can tell by what you're being
told. So proceed as you want, but call us back and let us
know what he says about the Contractors Trust Act three oh three seven to one
three eight two five five. I'm gonna come back to esther who still has
more questions, and I do want to help her. Uh eight eight eight
heating dot com Remember eight eight A heating dot com is there for you.
And in fact, I got a message from the owner today and they have
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eight eight eight Heating dot Com a company you can know and trust, and
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comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find
out now three oh three seven to seven to one help. You'll think you're
his only customer when you choose Frank durand the real estate Man dot com to
list your home with Remax Alliance three oh three nine two zero sixteen twenty two.
Okay, Tom Martino here at three oh three seven one three talks seven
one three A two five five. Okay, so we've answered a lot of
questions. If you have more, we have a long show. Give us
a call. Three oh three seven one three talks seven one three eight two
five five. We also have John Fuller with us, my accident lawyer Dot
co hey Esther still has some more questions. To make long story short,
her, the caregiver for her husband, came to spend the evening and parked
at a Chase Bank and was towed. That's the bottom line. There's,
by the way, just so people know they're in Colorado law and in other
circumstances, the reason you park somewhere is no matter what it is, the
reason doesn't negate the toe, okay, because a lot of people think if
they have a good reason, it negates it never negates the toe. Ever,
your intent meaning I was going to move in five minutes, doesn't matter
either. The only thing that matters is the law. The law has changed
a bit, there has to be signage that's always been in the law.
And then again there are requirements for a twenty four hours notice. Only in
rare circumstances. The twenty four hours notice is when you're in a normal parking
space in a residential neighborhood or a residential development, that's it, okay.
Even if they're signs, you got to give twenty four hours notice. But
if you're blocking anywhere or in someone else's parking space, or you are in
a business, they can toe immediately. If you show up, they got
to drop the car, but they can charge you a drop fee, and
then if they take the car, there are some limits to what they can
charge. There are limits to what they can charge on the actual bill and
how they can charge it. That's according to the law. But again usually
it is you're out of luck. I mean, I hate to tell you,
but you're out of luck. So what are your additional questions? Esther?
Okay, I did some research on that, so I knew about that
last one, which really surprises me because it does say overnight. No overnight.
I have looked at the dictionary, and that means from dusk to dawn.
No no what overnight for what. I don't know what you're talking about,
Esther, And they say do not. The sign says no overnight parking.
Oh oh oh, you mean that's what the sign says at the Chase
Bank. That's what the chime says. All over the entire We've got a
King, Supers and a lion. You know what. That's weird. That's
a weird one because that is weird for me. It doesn't just say no
parking or for bank customers only? Does or does it say bank customers only?
Well, it says that, and then it says then that's all it
matters. That's all it matters. If it says bank customers only and no
overnight parking. The reason it says that is a normal person would assume it
means even if you are a customer, you can't park overnight. Well,
the thing is, say just sign it. Why don't you Why don't you
fight it? Then take them to court because you're gonna lose. I mean,
forget the fact that I've handled five or six hundred of these cases over
the years. If you think I'm wrong, I hope I am. I
want you to get your car, may I. And by the way,
there's a maximum fee of one hundred and sixty dollars. Okay, and listen
to this, and then it's a certain a dollar amount per day, and
they can charge an additional eighty nine bucks to release it outside. So I
don't know how it got up to be four hundred. How did it get
to be four hundred? Good question? They send them a I don't really
know how. Well they can't. They can't charge four hundred. The maximum
fee is one hundred and sixty dollars. Well, there you go. That's
so what do I do about that? Well, you tell them, according
to law, the maximum fee is one hundred and sixty dollars. And the
only other thing is they can they can charge you to store the vehicle per
day that we have it out. Is that okay? So how many days
was it there for four hundred bucks? It was there for about six hours.
There's no way that should have been for So you're telling me the entire
bill was four hundred dollars. That's correct. When did you go and get
it? Very well? Is she parked eleven on April twenty nine? Now
was it? What I want to know is was it during normal business hours?
I think so because it was about Okay, then there's the only I
cannot see where it is more than one hundred and sixty dollars, even if
they threw an other forty bucks on there for storage. It would be two
hundred, and I don't see how it could be more than that. Yeah,
well, I know, Hey Mark, am I Mark? Mark?
Are you still there? Because you're pretty Yeah, yeah, pretty. You're
pretty verse in this towing thing. I mean, isn't that the way you
read the law man? It is a little more convoluted than that. But
I agree with you in your assessment of that. But I've been wrong on
these weird towing deals. Yeah, I know. But from what I'm looking
at here, I don't see any exceptions. But hold on these regular excessive
chargers. Nope, I'm telling you there are limitations. So I would,
in fact talk to me. They won't talk to me. What I missed?
What company it is? Who is? It's Whyatt's whyatt. Let's have
Let's have a Deputy Scott or someone Deputy Dollar call over. Deputy Doc is
listening right now, he's on remote. So let's use Deputy Doc to call
over there. Why I have never heard? I know every everybody out there
hates when I stick up for wyats, And it's not that I'm sticking up
for them, but anytime we have had a problem in the past, they
come through. But most of the time. Honestly, they're doing nothing wrong.
They're just being what they are. You know, they were popped by
the state though, they were fine thousands of dollars for doing things wrong though,
Mark, Yeah, that's true during COVID. That's right, they did.
Yeah, right, So listen, Esther. They have a million dollar
settlement going. But can I ask you one more question about it that I've
read go ahead story towing. I read about that go ahead from patrolling parking
lots to look for vehicles to profit on we have. They come out here
and they just take them. But that's what all of them do. They're
they're hired. That's their job, Lively, Esther, what they mean is
this, Listen carefully, Okay. If you if you patrol parking lots or
troll parking lots as some people said, and you don't have a con tract,
that is what predatory is. Okay, if they're contracted with Chase Bank
right now, don't assume that you might want to ask Chase Bank because or
the sign has to say it. Does the sign say why it's on it?
I'm pretty sure I've got twelve pictures here. May I ask you this?
There's the signage is right in the middle of its previous leason and down
in the shade. I went and took pictures of it. Was there only
one sign? Yes, in the entire parking lot, only one sign,
but Chase Parking from where she parked to I'm asking this, I'm asking one
question. Only in the entire parking lot, not in her vicinity. In
the entire parking lot, there is only one sign. No, Okay,
that's then it doesn't matter if one of them is obscured by leaves. You
see, I'm trying to help you esther because if there was only one and
that was obscured, it has to be clearly visible, right, and it's
not that one is not. How I mean if Chase Bank is way far
away from the other company restaurants and yeah, yeah, in its own area,
So what does that have to do with anything? Well, I'm just
asking you. Oh wait, are you saying? Are you saying that the
signs are in a plaza and Chase is way far away from that plaza,
pretty far away? Yeah? Well, are they in the same plaza?
She gave me the address. But listen, I don't want to waste a
lot of time on this. If I need to go by what you're telling
me. Now, I'll give you a sign. Hold on, it's on.
Give us that address again of where you are. It's the Chase Bank.
I had it on my computer, but I don't have it anymore.
Four sixty five day Lord. Yeah, yeah, South Gaylord Court. If
you go there, to South Gaylord Court and then look pull out and you'll
see a Chase Bank there. But what you're saying is this. Okay,
what you're saying is it's in a plaza where there are signs, but that
is not near that plaza. I'm not getting the picture. But here's the
thing. It just if it's in a big shopping center and there are signs
scattered around that parking lot, that's all that matters. Okay. If it's
if it's a whole different parking lot, well, of course that parking lot
would have to have its own sign. But I don't know if it's contiguous
or not. I'm only going by what you're saying, and you want to
find an excuse, So tell me the truth though. Is it a different
parking lot? No? No, okay, no, I thought I'd said
that it's on the side. It doesn't matter if it's on the side in
the middle at the end, if it's in the same parking lot. I
don't think Mark. It talks about how many signs, does it not that
I've seen. You know, listen, I think that this is all you're
You're wonderful that you're fighting for your house, for your caregiver. I think
it's wonderful. But we have to have something to fight now. The one
thing I think you do have They went over what I can see is the
legal limit to charge you. Okay, So then you've mentioned somebody might be
able to call them. Yes, we're gonna have deputy doc. We're gonna
have one of our people call over there. It's all else fails. Let
me ask you this. All they say is take us the small cuts.
It's all they'll say. Yes, Well, no, you can call the
Public Utilities Commission. Okay that yeah, I see the part. I see
the signs. Yeah, we we have pictures of the signs. Yeah,
Okay. She's not denying they were signed. She's saying where the Chase Bank
is. They're conspicuous. Yeah, they're conspicuous. So what were you going
to ask? And go ahead? Well, I mean, I'm not understanding
is a small claims court many times do they have to show up to Well,
if they don't, they lose automatically. That would be good if they
didn't show up, right, So that's what I'm saying of all all sales.
I'm willing to do that for her. Yeah, but listen, you
can only go to small claims court for the amount over the legal amount they
charge you. But listen, you need to be clear that that you're not
going to get out of the whole thing. John, this lady has no
standing to go to small claims court. She doesn't own the vehicle. No,
that woman has she I think she means for that woman employee, that
taller can't. That woman has to do it. The caregiver has to do
it with her. Yeah, that's what she meant. But you can't represent
her. Be careful, Mark. Okay, now listen, here's the other
thing. Shout you're going to go based on that cost. That's the one
thing I found that I think they did wrong. But Mark said, as
Mark said, there could be something we're missing because they're not that's they're not
stupid when it comes to you know, when it comes to charging, and
there might be a reason they charged as much as they did. But we're
done here, Esther. You go on. We're gonna have John, We're
gonna get your contact information. We're gonna have I'm sorry, we're gonna have
deputy doc look into it. Yes, I'll give you one example of when
they can charge more if you try to pick up the car after hours.
That's right. Another ninety bucks, that's right. I saw that, but
they didn't try to do that. So uh Kaschina give this to UH Deputy
Doc. Three oh three seven one three eight two five five Real quick,
Russell, what's going on with Excel? Russell? Yeah, we had a
greenhouse business that was on commercial rate. Yeah, a natural natural gas and
yeah, our house, our house is on the same meter. We closed
the business the fall of twenty three. I call Excel to having changed the
meter from commercial to residential. The lady come out and inspected it, said
yeah, we can change it. That was the first of January. And
I'm still waiting. When was the business closed the fall last fall? Okay,
and when did you call for the changeing rate? January? Yeah,
they should have changed it, and did they or not? No, they
haven't. And I've called them four or five times and they say, well,
it's transferred over to billing. Billing takes a couple of months, blah
blah blah. Well, in the meantime, I have like a twenty three
hundred square foot house. It's costing me over eight hundred bucks a month.
And there no, there's no gas at all being used in the greenhouse anymore.
Right right, all right, hold on, we'll come right back to
you and more. I'm Tom Martine. Go with a sure thing Denver's best
roofer Excel Roofing dot com. You don't pay a cent until you're content.
Time for an insurance checkup free, no obligation. In comparison, call Compass
Insurance paying too much your coverage at dozens of insurance companies find out now three
all three seven to seven one help. You'll think you're his only customer when
you choose Frank durand the real estate Man dot com to list your home with
Remax Alliance three oh three nine two zero sixteen twenty two. Hi Tom Martina
here, three O three seven one three talk three oh three seven one three
eight two five five. Welcome to the show. All right, let's talk
and keep solving problems if we can, or at least give you information,
So Russell says, Now that Russell, this is a clear case. Man,
I don't know why they didn't switch you over. But how many now
it's been January, February, March, April, man, so how much
more? You've spent a lot more, So you know exactly what gash you've
used. It's just that you're being charged a different rate. Is that right?
That's right? And so when they called, do they offer to adjust
it at all? Well, that's that's part of the issue, and that's
part of my question. It made me so mad that nothing had ever been
done, and I knew I had overpaid what my house was using. So
I didn't pay March h and I didn't pay April. Uh, okay,
I have that's not the way to handle it. But I get what you're
doing, man, Yeah, because I so that's my question. So I
gotta have the money to pay it. So I didn't pay it. But
are they going to credit me for the excess that I well, that's the
thing they should. I don't have they have they they haven't adjusted it yet
or have they? Nope? Nope, it's still commercial. Well that's ridiculous.
I mean, you would think and a per world. They have to
credit you unless for some reason there is some kind of weirdness going on that
I don't know about, like, for example, that you can't I don't
know if you can just change back and forth. So this greenhouse was on
your residential property, right, Yeah, that's right. So during the time
you had your business, the house gas was also being charged commercially. Yes,
you know, why do they charge different for commercial by the way,
I'm wondering just because they can. I mean, it sounds weird to me.
Yeah, I don't know. I mean that bill is so complicated to
try and figure out what they're what they're charging for. But you know,
when I first initially called them, they said, yeah, no problem,
will come out and inspect it, and if the inspector sees if you're not
using it in the commercial end of it, we'll switch it over to residential.
Yeah. Fine, all right, listen, listen, we need to
give this to somebody to work on for you. I want to give it
to you. I want to give it to Deputy Dollar to uh one of
our deputies to call over there and try to shake it loose. Let's try
to light a fire over everything else. Yeah, well we'll try. We'll
give it a try. That's why you called, right, so let's figure
it out. Hang on, Hey, Kasina, just raise your hand if
you're if you're listening, thank you. Okay, So she doesn't know I
have a camera in there. Uh so you get this to Deputy Dollar.
That would be good. We'll have him work on this. Three oh three
seven one three eight two five five more. Right after this, go with
a sure thing Denver's Best roofer Excel roofing dot com. You don't pay a
cent until you're content. Time for an insurance check up free, no obligation
in comparison, call Compass Insurance paying too much your coverage? That does of
insurance companies find out now three all three seven seven to one help. You'll
think you're his only customer when you choose Frank durand the real estate Man dot
com to list your home with Remax Alliance. Three all three nine two zero
sixteen twenty two. Hi Tom Martino, you're a troubleshooter. Somebody screwing with
us. They're writing on our call screener. How do they hack into that
one anyway? Three O three seven one three talk seven one three A two
five five. Bert's turn with Infinity Right, Yeah, what's happening, Burt?
What's going on? Bert? Bert? Bert? Bert? Listen man,
time waits for no man. Let's go to Uh Rob, he has
a car insurance issue? Rob? What's happening? Uh? Yeah, Rob?
What's that? I'm doing? Good Man? What's going on? Yeah?
So I had a neighbor back into my car and I was wondering if
you had a good body shop for a second opinion. So I'm not one
hundred percent sure that I'm gonna get get it fixed or just take the money
because the car is old. And how old is the car? It's fifteen
years old. That's two hundred and fifty thousand miles on it. I wouldn't
get it fixed. Why the hell would you ever get it fixed? Right?
So that when they were looking at it, they said there's probably be
supplemental claims also, So it's like, how do I know I'm getting the
right amount of money for it from the instro and they think there's the other
damage? Hey, let me ask you this in there, you got two
hundred and fifty thousand miles, it's fifteen or whatever. What kind of car
is it? Highlander? Man, how long have you had it? Who?
Eight years? Holy crap? Did that do you? Well? Didn't
it? So? What? How does the damn it look to you?
It's just cosmetic. There's a couple of dents and a broke, cracked bumper.
But unless you're really looking at it, you don't really know this.
Well, we have some good I mean, there's all kinds of good places
that what are you looking for? It? Just you you want to get
an estimate just for grins. You're not going to get a fixed right,
Yeah? I want you know, I want to be fair to him.
So if you know, even if I have to pay something to get a
good X estimate, you know someone that could say, actually, what's a
fair price from insurance company? Yeah? Okay, Gott's Let me let me
look here real quick. We we have Rocky Mountain. Well, I don't
know, Mark. We don't have a full blown body shop anymore. Now.
I like Michael's autobody though in Castle Rock. I know it's a little
far for a lot of people, but but I've just had did you know
that, Michael? Did you know Michael sold? Yeah? I did.
But it's still the same gang down there. I stopped in the other day.
Oh, okay, how far are you from Castle Rock? About a
half hour. I could probably make it there. Michael's autobody call them first
though. Yeah, definitely they're slam Man. They do great work. Yeah,
there are some categories we have to shore up on the referral list.
Over the years, our long dependable people that have been on there are starting
to get old and retire. I don't know when Fuller is going to retire,
but he's getting old. Hint hint, hint, hint, hint,
hint. Hey shut up, Martin. Huh, how's next week? Okay,
John's gonna throw it into towel. That's just a rumor. By the
way, Speaking of John, we have him here real quick here and then
we'll take you after the break. We're running out of time. I got
some texts, will come back to you know. On personal injury, one
of the biggest confusion factors is what happens when I get hurt? Who takes
care of my bills? I don't know why people are waiting thinking the other
party is going to do it, because they're clearly a fault. It takes
a while. Can you get a reprieve or at least will the other will
the medical people hold off till the end? We'll find that out more coming
up. Go with a sure thing Denver's best roofer Excel Roofing dot com.
You don't pay a cent until you're content. Time for an insurance check up
free, no obligation comparison call Compass Insurance. Pay too much your coverage at
dozens of insurance companies find out now three oh three seven seven to one help.
You'll think you're his only customer when you choose Frank durand the real estate
Man dot com to list your home with Remax Alliance three oh three nine two
zero sixteen twenty two rips need so you don't have run incious as fast as
can. Shooter's gonna help. Come man, This is the Troubleshooter Show.
No Tom Martino, Hi, Tom Martino here, Welcome to the show.
Three oh three seven one three talk seven one three eight two five five.
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They have waterpros dot net three oh three eight six two five five five
four. John Fullers with us and my accident lawyer dot Co Mark Major Mark
Majors with us, and we're talking about your problems, questions, complaints.
John, we do have quickly here a let me see let me you're at
the Camra now. Good people want to know there's a situation where they have
an accident and they want to know. Technically they know that the other party
is responsible their damage. But until the case is over, the insurance the
other insurance probably won't pay. But can you negotiate something to keep people off
of your clients back for a while if there's a good case. Yeah,
so let me just start where you did. It's not that they won't pay
for a while. They will never pay those bills as they're being incurred one
hundred percent, I can say, okay, certainty, they will not pay
those bills. So even if it's their fault, it doesn't matter his fault.
It is that at fault. Insurance company only represents their insurance. They're
not a guarantor for your medical bills. They will not pay them if they're
sent to them. Period. So people all the time go in the hospital
and say, oh, yeah, here's the act. You know, the
guy who is at fault. The insurance companies, they receive those bills and
they just turn them around and say, we don't know who this guy is.
You know, we have no duty to pay these bills, so they
reject them. So here's the deal. You owe those bills. Okay,
it's a component of your damages. We will go after them, we will
get reimbursed for them. But you owe those bills. So if you have
copais or deductibles or you know, out of pocket maximums that you have to
satisfy, those are all things that you're going to have to deal with.
And some can be negotiated and some cannot. There are some billers like ambulances
and emergency rooms that seem to want to turn people over to collections, you
know, before the door is even shut, when they're leaving the hospital.
And that's just something that we have to deal with. The good news is,
most of the time, if we contact these building entities or the collection
agencies that they employ to collect these bills, if they know who we are
and they know that you know that we're pursuing a case and they've got a
long track record of us paying them, most of them will sit quietly and
wait and will not even report you to the credit union or the credit bureaus,
you know, for those outstanding bills. Okay, so we have another
situation here. Let's say you have medpay, then medpay pays them. Medpay
is a coverage you carry for yourself and your passengers, which is an immediate
payment. If you do have medpay, they pay it. But does the
other company reimburse your medpay? No? Medpay is nonsubargable. So what if
you collect for those? Can you actually collect for those even though medpay pay
them? Yes, wait, and you don't have to, so you collect
them and you don't have to pay them back. That's the beauty of medpay
is it's a non subargable, which is a fancy word of saying we don't
have to pay it back bad Do you not have to? The other insurance
company does not have to, so they're insured, does not get to take
an offset for something that either health insurance or medpay is already paid. But
they so you're telling. Wait, I find this hard to believe. So
if I'm injured and I had ten grand in bills before I win my case
and my pet medpay pay ten grand, I can collect that ten grand from
the person at fault and keep it. And you should be able to because
the only reason you had that medpay is because you had the financial forethought to
pay for that coverage to protect you and yours. It's not for the other
guys for me. Okay, now, next question, then what about health
insurance. Let's say I don't have medpay and my health insurance pays except for
my co pays or whatever deductibles. Does my health insurance get reimbursed? Sometimes
it depends on the type of health insurance you have. There's two major categories.
Those that are called arisk of policies, which are generally your larger employers
or your federal day type employers, and then those that are regulated under the
state law of Colorado. If it's an ariska policy, almost always are going
to get paid back. If it's a state policy, it depends if we
get policy limits. There's a law called the makehold doctrine that can sometimes you
know, invalidate their ability to get paid back. There's so many rules that
it's so tricky to figure out. I don't know how anybody would figure it
out if they don't do this every single day, and that's why they need
to. Okay, So the takeaway on this is first, get med paid,
Second, use your health insurance. Third, you'll get reimbursed, and
let John figure out how much you get to keep. Yeah. I mean
that's about of mine rules to live by. Yes, Okay, Now,
Joyce, I don't know if this is about injury or about your car.
You have a state farm issue. What's going on, Joyce? Hi,
it's not about an injury, it's not about a car, and it is
for a friend in Pennsylvania. Okay, the state farm. It's a state
farm claim. Yeah, and she has a house that she's owned. Did
she get what happened? Is she still there, guys, I don't think
so Lione slit up. She's just not talking. Kelly's gonna try and talk
to her. All right, hold on, we're gonna get you back here,
Joyce. But share her friend lives in PA and uh was injured.
I guess or has a problem. But we'll we'll figure that out. Three
oh three seven one three talk three oh three seven one three eight two five
five. By the way, when it comes to no fault versus torque,
are there still no fault states? Yes, So explain what no fault is.
And if you're in that state and you get in an accident, then
no matter what kind of insurance you have, no fault prevails, right,
not necessarily, really, that's first, Explain what no fault? Okay,
so what is no Those that have been around for a long time in Colorado,
we used to have the years we had no fault and meeting old no
fault statue. If you and I got in an accident, it didn't matter
who's at fault. My insurance company would pay for my medical bills and yours
would pay for yours. And so, if you'll remember, back in that
day, we had something called personal injury protection or for PP and that was
fifty thousand dollars for medical bills and fifty thousand dollars for rehab, which could
get rolled into the medical So you essentially had one hundred thousand dollars of a
medical insurance policy on every single car insurance policy in the state. So,
in other words, but it would cut mind covered me, yours covered your
absolutely, And that's why the logic behind that was you didn't have to worry
about what insurance the other guy had. Well, what if the other guy's
that fault, what happens, That's what I'm saying. Even if he was
at fault, you would still use your own auto insurance and would your insurance
go collect from him? Nope, they did not subrogate for those. What
if it went over fifty, then it just went over fifty. That's when
you would start using traditional health insurance and stuff like that. Actually, if
it was over one hundred, because you could roll. When did your personal
injury lawsuit then, John, what did you fight for then? Faint and
suffering, any excessive medicals, anything that wasn't covered by OK So, if
something was not covered by personal injury under no fault, then you're then you
would go and collect from their insuring. It doesn't take that much injury to
go over one hundred thousand, which in the world, in my opinion,
no fault seems to be logical because it doesn't encourage people to go crazy because
their own company's paying for it. So the the criticism of no fault was
that the doctors would look at that that package of available benefits and money as
like a piggy bank that they could just they could just overtreat and cows came
home. And that's what the insurance companies lobbied on when they proposed to change
it. To the system we have right now is that, oh my goodness,
we're being taken advantage of and they're they're just overtreating like crazy. Now
some of that and now the system is torque, meaning the one at fault
pays. But yeah, but the we're like the total polar opposite to where
now the struggle is getting people to care that they need and paying for it
the interim between the time of the accident and that settlement. Because of what
we talked about earlier, they're not going to pay those bills as they're being
incurred, and so more victims got created because of an inability to pay.
You like no fault better, I can work with both. I mean,
it was a big transition to get over into the system that we have.
It's not a bad system today, but it requires you know, a lot
more hands on management. Are there's still no fault states? Yes, Okay,
Then if I get hit, if I'm vacationing in a no fault state,
what happens? What law prevails? Well, if you're hit by a
person that's you know, at fault in that no fault state, the no
fault law will dictate kind of how your case will proceed in so they don't
get However, the fact that you have a policy from here means that you'll
still get to use your medpay and all those benefits. I have med pay
right, so have great coverage here. If you go to another state unit,
if I don't have medpay here, then I'm screwed there. You may
be, Yeah, you're going to be. You're gonna be under their system.
Yes, and if the guys that fault you eventually probably could collect you
hope. Yeah, But do they make you like Florida where you're not even
required to have liability but you know, do they make you collect with no
fault? Do you collect only the amount above the mandatory limit? But yes,
but that's just for medical bills. That doesn't include wage loss and planet
suffering and all the other and future medicals as well. But if I go
to a no fault state and I'm injured and I you know, they they
get to subtract the first fifty thous Yeah, but those benefits are also time
limited, and I get a lot of stuff they don't cover. So it's
not it's just simple to say we deduct fifty grand, okay, but they
are entitled to, you know, an offset that those damages are not chargeable
to the defendant right until we, you know, see a certain threshold.
Okay, got it, Joyce. Now, State Farm, what's happening?
Okay? Are you still there? Yep? Your friend is in Pennsylvania.
What happened? So? She had health house insurance with State Farm that she
thought was on the house she currently owns. Turns out they had used an
address they had from her back in the late ninety nineteen ninety eight or something,
and they're refusing a claim for a new roofs because the address on her
policy was wrong. What oh, Wait a minute, so they claimed the
prop so on her declarations page it shows the covered property as a different address
than the one she's in. That's what they're claiming. How long has she
had this policy under the old address? Since under the under the new address?
No, under the How long has there been a mistake on her declarations
page is twenty eighteen? So are they willing to give back all her premiums
since she wasn't covered? So she has not talked to anyone that has been
willing to say that. Well, if they're not, they can't have it
both ways. She never had an ensurable interest, yeah, property right.
If she never had an ensurable interest at that old address and they were charging
her for that old address, then they either cover the new address or they
refund the old address. They can't have it both ways. How much premium
has she been paying since eighteen? So it would have been eighteen, nineteen,
twenty twenty one, twenty two, twenty three, twenty four. How
much has she been paying for seven years? I do not know that.
I didn't get that information. So let's say it was about what kind of
houses? It probably a medium size. I'm going to guess two thousand square
foot max. So let's say she was paying two grand. How much is
the roof going to cost? It might be a wash. How much is
that roof going to cost? Twenty thousand? She said she's going to be
out of pocket some. But uh, I'm telling you there's a problem.
Hold on. I want to get our insurance experts on to talk about what
would happen in a case like that. Who's that fault here? I tend
to think it's the insurance people at fault, and their errors and omissions should
cover it. We'll figure that out coming up. Three oh three seven one
three eight two five five. Go with a sure thing Denver's Best roofer Excel
Roofing dot com. You don't pay a cent until you're content. Time for
an insurance checkup free, no obligation. In comparison, call Compass Insurance paying
too much your coverage at dozens of insurance companies find out now three oh three
seven to seven to one help. You'll think you're his only customer when you
choose Frank durand the real estate Man dot com to list your home with Remax
Alliance three oh three nine two zero sixteen twenty two or an Espresso you have
your money's got to be on your break. So Hi Tom Martino here at
three O three seven to one three talks seven one three HU five to five
Denverregen dot com two hundred and fifty bucks a month the compounded Semaglue Tide for
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it is compared to the brand names Denverregen dot com. So Joyce had a
claim her friend and this is wrong and did we get compass on Kachina.
I want to get compass on to talk about on it right now. Thank
you very much. Hold on, Joyce, Natalie, what is your question
for John Fuller? Possibly go ahead, Natalie, Hi, yes, thanks
for taking my call. My nephew and his wife play in a co ed
softball and they were playing a couple fridays ago. He was building second.
His wife caught the ball and just kind of lobbed it to him. She
didn't, you know, throw it hard or anything. And there was a
runner coming from first place to second base. And when my nephew caught the
ball, they locked eyes. He locked eyes with the runner, and the
guy just like kept running and I mean he was already out and he lowered
his shoulder and went right up into my nephew's face, broke at least two
teeth, split, his lips wide open. Now, was he angry or
he just couldn't stop? Was it like an intentional thing? It was almost
intentional. He never even stutter stepped or But did he say like he was
going in that direction anyway? Right then he was called out and he kept
going? Was he when he was called out? Was he a foot away?
Two feet away, you know, ten ft to would you know?
I don't know. That's a really good question. But and just charge right?
I don't think he was. He just charged right through him. And
my nephew's not a small guy. He's like six' four and this guy
was shorter than my nephew said him to hit him. What's it? Now?
Did the guy how did the I'm just curious, how did the guy
react after it? Did he say a serves you right, get the hell
out of my way? Or what did like did he say anything? My
bad? Bro? Okay, So it's not like it's not like they were
trying. He was trying to be a jerk, and did it seem like
he was surprising he made a mistake or that I don't know, the guy
have a bigger question. There was no remorse. My my nephew had blood
like pouring out of his mouth and he just you know, the whole game
stopped because John was injured. How can I help you? Here's what I
want to ask you, John. I know she's probably asked, is there
any liability? So I want to know this. When you play sports,
is there such thing as negligence or you just hey, man, that's an
assumed risk. You're playing a damn sport. You tackled me too hard,
you checked me too hard, you did something and injured me. Really what
about that? Yeah? So assumption of the risk is always a defense against
claims you know that you would make against somebody. Here's the thing that you
know, my personal injury lawyer, you know, thought process kicks in.
Let's say this was a complete accident and the guy you know didn't know your
didn't know he was there, and and just ran over him by accident.
Its complete negligence. Knew about it and should have known and just it was
a total accident. You know, you could maybe go against a homeowner's policy
or something like that to get some sort of coverage. But you know even
that would be an uphill battle. The fact that it was more or less
an intentional act means even if there were ten insurance policies up, you're not
going to be able to make a claim for an intentional act. That's like
an assault. You can't go and blame somebody for accidental and an intentional act.
I mean, so, if somebody intentionally injures someone, like if I
drive my car into somebody, Yes, that's an intentional act. My insurance
company, my insurance company can turn down that other person. They can and
will turn down. No, not the other person. Don't turn down your
defense. You know they won't come. That's what I mean. So,
but will they have to cover the other party if I injured them intentionally?
No, But Tom, you won't have the benefit of your insurance to cover
you, to protect you. I know you can be personally liable right for
that? For that, I get that, I get that. But so
so if another car runs into me out of anger, I can't go after
that other car's insurance. Correct. Wow, there's gonna be no coverage,
just an intentional act exception, and every insurance company has You can't go run
somebody down and then claim, oh, I'm sorry it was an accident.
I want to call it negligens and get my insurance money. So if this
guy was intentional, the victims sol But if the victim was not intentional,
it's actually better. But wood does insurance, non insurance, does liability cover
you? I mean, does does negligence play into the fact of a game?
So usually there are waivers and all sorts of stuff that you signed to
participate in those things saying I acknowledge that these risks exists, and I'm willing
to waive them. Okay, So you may not even get past the word
go to find a viable claim. But assuming you got beyond that, we
deal with was it an accident was it not? If it was an accident,
we then try to find coverage. We go to his homeowners. If
he has homeowners he may not. You're not going to get it on car
insurance. You're not going to get it on you know, anything else.
So you're you're you're rapidly getting into a narrow you know, tiny little subset
that might might find coverage. The chances are the answer is no. But
I've heard of negligence. Did I even hear? Like? Can't a professional
football player actually be charged with negligence if he knocks out a guy for life
in his career and he was just excessive force? Is there a such thing?
Maybe? I mean, certainly they could be negligence, but you're mostly
going to get into intentional action. I mean, it's you ran the guy
down. It wasn't an accident. You teed up on him and mote him
down, So there would be no insurance, but could be personal liability.
There could be personal liability absolutely. Okay, those guys you would you would
do it because they have money. But your average walking around guy that has
you know, no unencumbered assets, no, you know, big fat bank
account sitting out there, there's no you know, there's no pot of gold
there to go after the guy. Okay, So what would your question be,
Natalie, As John said in the beginning, because I just wanted to
get all of this out first, did we cover it here? Do you
have a specific question? Yeah, I mean you kind of did. They
They both are in sports a lot, so they know about waivers. They
didn't. This league did not have them find a waiver, so they they
know. They thought that was interesting too. Are there assumed risks without waiver?
Yes? So you know then for example, if you play a sport
the Empire, even if the umpire brought the teams together and said emphatically that
this is like this is a non contact softball game a league, and I
mean the umpire has already told the director of the league all of this information
too. So that's what I was about, calling to see if they had
any kind of without me being a smart alec here. So what you know,
if the if the umpire said now boys and girls were not going to
run into each other, we again come back to the same analysis. Was
it negligence meaning there may be the ability to find some coverage through a homeowners
or something, or was it intentional? It still sounds an awful lot like
an intentional contact. Even if he didn't intend the actual result. He intended
the hit. And you're going to be liable to the consequences of your intentional
acts, and one of them is that there's not going to be coverage available
under your homeowner response. And this guy theoretically how much injury does he have
By the way, they're already like they've already spent like ninety five dollars.
Oh my god. So this guy had his face decimated. That's horrible.
Yeah, I mean, yeah, it was just he had is his health
insurance covering him? He does have some, I mean it's dental insurance.
So they do have some some dental insurance, but there's still is it all
dental or does he have any medic or orthopedic problems? No, orthopedic.
You may have cosmetic and is left. But we were thinking that healing fine
because it just went back to where it was supposed to go. But it's
mostly going to be dental. He's still have the waiting up another six to
eight weeks because the bone fractured, in his word, his teeth going his
upper job bone. So it sounds horrible. I think goodness has health insurance
or man. You know, sometimes there's just not a there's not a liability
claim or anyone. Well, there might be, but it may not be
worth pursuing. I don't know. I mean, look, you know,
does listen, there's no there's no harm in asking. So see if the
guy that ran into him has a homeowner's policy. I'm sure that the guy
is not going to say I intentionally ran him down, even though we have
our suspicions. But there'd be no penalty for calling that insurance company and opening
a claim and letting them analyze it and see if there's coverage. If there
is, great, if not. You tried so in Natalie, you bring
up some good points, by the way, and thank you again. I
hope it works out. But man, I want to ask this John in
a bar fight. We've had calls like this. I got to take this
break right dragging am I overtime? I do want to know about a bar
fight because we've had these questions before this and more coming up. Go with
a sure thing Denver's Best roofer Excel Roofing dot com. You don't pay a
cent until you're content. Time for an insurance check up, free no obligation
comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find
out now three all three seven to seven to one help. You'll think you're
his only customer when you choose Frank durand the Real Estate Man dot com to
list your home with Remax Alliance three three nine two zero sixteen twenty two.
Hi Tom Martino, you're a troubleshooter. Let's ask Jeremy from Compass Insurance Group
about this really weird situation in Pennsylvania. Jeremy, welcome to the show.
Hey Tom, Hey, So Joyce's friend has a policy homeowner's policy, and
just listen to this one. She's had the State Farm policy since twenty nineteen.
All right, Okay, now that's the five years. Now. She
recently was denied a roof claim because they have her down as the home being
at a different address. Joyce, I want to ask a few questions.
The address that was being insured according to State Farm. Was that how she
used to live at? Yes? And how long she was in the new
house in twenty nineteen eighteen? Yep? Well no, actually she was in
the new houses two thousand. But in twenty eighteen she changed to State Farman
Healthful And when she changed to State Farm, she changed what address? But
they when she she was in that home since two thousand. So when she
switched to State Farm, where'd they get this other address? Probably from an
old State Farm policy that she had at the other address. Okay, so
when they issued the policy in a declarations page. Did she notice an old
address on it? She did not, And State Farm has her car insurance,
and she and her car insurance is for the correct address. Now,
one thing I do know as well as I know all the people Compass.
Whenever they do anything, including saving me money, they make me sign a
complete set of documents again on DocuSign. Now, Jeremy, Jeremy, do
you do that for your protection? So I sign off on it and agree
to it. We do it for two reasons. One, yes, that,
but two, it's so much easier anyone can make a mistake, and
it's so much easier to have different layers, multiple layers up front to catch
that mistake, to avoid this situation, because it really is. We want
to make sure we're all on the same page. Well, whose fault would
it be? Then? What do you think if Compasses? Well, I
wouldn't say if Compass, Compass would never do this, I don't think.
But okay, so let's say they've been ensuring since two thy eighteen, this
damn house. It's not even located there. I think the original mistake,
certainly. I mean, if they have the correct address for the auto,
then the mistake falls with the insurance company or whoever wrote it for having the
wrong address. I mean, clearly, what happens they're refusing to pay well,
I think at some point the insured as an obligation as well to make
sure they're reviewing those policies. So I think it's a big difference to say
has happened, you know, in the first year of the policy. Even
you could probably make an argument, but Jeremy, listen, I've had insurance
for I don't know how many years with you guys, and after the first
year, I've never looked. I've never looked at my dext page. You
just tell me what I have, and I don't. I don't look,
I'll be honest. Sure, And I think a lot of that comes back
to what is the agency doing on their end to make sure things are right?
Right, So every time someone calls in, we try to review that
account, catch things, making sure, hey, you know this doesn't look
right. I think a lot of this comes into trying to avoid the problem
to start all, right, But I think so Joyce, SOMETHINGY is going
to take a stance at some point, whether people do it or not,
there's going to be some level of hey, you know it's on the first
page. Hold on, Joyce, because I have a lot to say about
this coming back. Hang on, and if you could, Jeremy, that
would be good. We got more coming right up. Go with a sure
thing Denver's Best roofer Excel Roofing dot com. You don't pay a cent until
you're content. Time for an insurance check up free no obligation comparison call Compass
Insurance paying too much your coverage at dozens of insurance companies find out now three
out three seven to seven to one help. You'll think you're his only customer
when you choose Frank durand the real estate Man dot com to list your home
with Remax Alliance three all three nine two zero sixteen twenty two. Hi Tom
Martinez here three three seven one three talks seven one three eight two five five.
So, Jeremy, it seems to me that this is negligent on the
agent's part, for sure. But you know, I gotta think they were
paying. Now the roof's going to be twenty grand, they were paying in
premiums. I don't know. I would say at least about probably two thousand
a year. I don't know, sure, And I guess. The thing
I would say is it seems like it's something they should be able to fix,
right, they should be able to get either their money back, although
I don't know if i'd settled for that, and that's six years of premiums.
But Jeremy, this is the insurance commissioner for that state. Don't you
think they'd have something to say about this? I would that'd be where I
would content. That'd be the first person i'd contact. You're not gonna I
mean, if State Farm is going to take the stance they're not going to
pay, I don't know where you're gonna go with that. I mean I
would go to the insurance commissioner. And you know, in every state's different
obviously, because I think this was out of state, and how they're gonna
look at that, and I think the you know, the goal obviously is
to avoid it from happening, but when it does happen, you still have
to look at the intent. You know, is this off at digit is
it an old address? Clearly that she didn't give them this address. They
have the correct address. So I feel like it's just simple, we're not
covering it because of this seems a little harsh. I mean, it's it's
not like she didn't have insurance, but it's hard to make that fight with
some companies. Well yep, Now, I would say you need to contact
as soon as possible your buddies and get them to put a complaint in with
the state authorities because they're pretty strict when it comes to can't you know,
insurance authorities are usually pretty good at following up complaints. So and I would
make the argument, if they're not going to cover it, then she didn't
have insurable interest on this phantom house that she's ensuring. They shouldn't be able
to collect the money on it. She couldn't have made a claim on it
if she doesn't own the house, So I said minimum, she should be
able to fight to get that premium back, which would at least if she
can't get it covered, should help offset the cost of that. But you
can't have it both ways. By the way, it's the Pennsylvania Insurance Department
of Consumer Services. Look them up, Pennsylvania Insurance Departments Consumer Services. I'm
Tom Martino. Thank you Compass Insurance for insurance checkups three oh three nine nine
six nine thousand, Go with a sure thing Denver's best roofer Excel Roofing dot
com. You don't pay a cent until you're content. Leave time for an
insurance checkup free no obligation comparison call Compass Insurance paying too much your coverage at
dozens of insurance companies find out now three oh three seven seven to one help.
You'll think you're his only customer when you choose Frank durand the real estate
Man dot com to list your home with Remax Alliance three oh three nine two
zero sixteen twenty two d news. You needed that? Who you don't have?
Run in USA as you can. Shooter's gonna help come Man six is
the Troubleshooter Show. No Martino, Hey, Tom Martino here, Welcome to
the show with John Fuller Fuller Law. We're talking about personal injury, liability,
negligence and where they cross and crisscross and all of that. Plus we're
talking about your problems, questions, complaints. Had some very interesting calls,
something about towing by the way from everything I see and read and people text
me, there are limits. Did you look it up? John? There
are limits to what people can charge you, and I think this one woman
was overcharge However, there's no getting out of towing normally if you did everything,
you know, as long as they had a sign up and they did
everything according to law, and most TOE companies believe it or not do that.
Now there is a little thing going people confuse about twenty four hours notice.
That twenty four hours notice is only for parking in residential areas where you
are in a parking spot, but not someone else's parking spot. It's just
being unauthorized. They have to give you twenty hours twenty four hours notice.
But if you're in a fire lane or a something ruled to be a safety
blockage, or you are in someone else's spot, there's no twenty four hours
notice. The same with commercial parking. No twenty four hours notice. Now,
John, what did you look up about towing? Okay? What did
you look up your memory techne? Oh good, Okay, we were talking
about photographic memory techniques. What's the name of it. I want to tell
them what I talked to. They call it memory palace or a method of
loci as com memorization technique. By the way, if you're ever thinking about
memorizing them. I was trying to figure out I was telling John what I
do sometimes, he said, that's a technique known, a well known technique
for memorizing and memory palace is where you visualize a place. You know.
Let's say your house right now, if you think about your front door walking
in, you know what you see on the left, you know what you
see on the right, you know where your office is, you know the
bathrooms, you know everything in your house. Usually you can do a mental
walk through of your house. So to exercise your photographic ability, what you
do is associate something you want to remember with a certain part of your house
and when you walk in. So for the left, I have a credenz
or right there in the hallway, So now I visualize something on that credenzie.
It could be that person sitting on there by the way. The more
ridiculous the vision, the more you'll remember. You can remember somebody sitting on
there or laying on there, drinking something I don't know, or whatever.
It's something colorful, or you have a flash card on there, or some
fact on there. So it's really fun. I didn't realize. So he
told me, you know, toem what you do has already been done and
people do it. I used to do it because I would always think I
can remember places, I can remember images better than I can remember words on
a page or definitely auditory stuff. But everyone has a different way of learning.
And that one we were talking about off the air. So now let's
talk about other things. The towing thing I brought out, and there's something
else. This insurancing has us pissed off, and I'm almost sure they're going
to get this covered. But they had a house insured, and on the
decks page was a house that she used to own twenty years ago. Honest
to god, it had no relation to the house she was in. But
State Farm had an old address for her on file, and that's the one
they put on the deck page. So when she had a roof that needs
replacement, they said, we're not replacing that roof because you didn't insure this
house. You ensured a previous house. She's been paying for six years on
so called previous house. Now, no matter what, no matter what,
they would owe a refund because she used to have been paying on something she
didn't have an insurable interest in, she could have never collected on. But
better yet, I think their negligence is that they should cost them the roof.
Now she can't out both. I don't think a refund or a roof,
but I think she should be entitled to that twenty thousand dollars roof,
don't you, John, I mean, as far as what's right is right?
Or do you think it's not so cut and dry? No, I
think it's completely cut and dry. If she didn't have an insurable interest and
Bush comes to shove and they just stick to the guns and say we're not
going to cover this lady's house, then they can hardly even against the suggestion
that they've got to pay it back because as proven by this claim, she
had no coverage, so they completely just charged her for something that they never
were going to provide. So absolutely a refund is coming. I guarantee you.
All right, three oh three, seven to one to three, Talk
James, what's going on with a car sale? James, Welcome to the
show. What's happening? Hi? Tom? Thanks Hi to my caller.
I really appreciate it. I'm not sure if I have a problem or not.
Yeah. So I went to EMIC and I traded in a vehicle on
a lease. Yeah, and I traded in the vehicle for sixteen dollars.
You know, by the way, I'm sorry you traded in a car on
a lease because they call it the disappearing trade. They can work numbers on
a lease where you're not getting any credit for that, but keep going,
okay, yeah, okay, I'll keep going. So that leaves me with
nine sixty one dollars for my trading because my payoffs, including the processing fee
of the title was so you had your saying nine thousand and sixty one to
the good let's just call it nine thousand positive equity copy. And then they
what they and I'll just rout all the numbers from here. What they told
me is that they would only allow me to put six thousand dollars toward my
trade. And what did they do with the other three? They said they
would give me a check. You have that in writing? Yes, I
do. I emailed you a copy. It's called a wee oh yeah doctor.
So are they refusing now to give you that? Well, they say
they they say that it's going to take one to two months, and they
try to get it to me in thirty days. And I want to know
if that's kind of normal operating the sea. Nothing's normal. It's whatever they
want. I mean, they could have offices in timbucktoo. I mean,
if that's what they agreed to, and you agree to it. But you
know, if you agree, it could take one or two months. I
have no idea why it would, but I could see why they want it.
First of all, verify you have the equity and all of that.
But I'm more concerned about something that I can probably show you on your lease
where you didn't even get the six thousand dollars credit. Okay, please do
well, it's too late now have you signed it? But what I'm saying
is, did you send me the least ox? Did you actually send me
all the facts and figures? I send you just one copy of the Here's
how they do it. They adjust the least fact. Let me just tell
you how they do it. They adjust the least factor or the mileage,
or the acquisition cost or a little bit of all. Where that trade you've
gotten nothing for it. Wow. Yeah, it's an age old ritual to
steal trades. It's called stealing the trade. And you should never ever ever
trade on a lease. They can't mask it. And a purchase that well,
they could always raise the prices and all that, but it's easier to
mask in a lease than it is in a purchase, because in a purchase
it comes off the price. In a lease, you don't really have a
price. You have a payment, yea. And they tell me, okay,
So I'll just run through the numbers real quick for you. The gross
capitalization cost with fifty Now do you know what that means? Do you know
what gross capitalization means? It means the agreed upon value of the vehicle and
anything you add like service contracts. Right, that's right, right, keep
going, Yeah. And then so the capital cost reduction was twenty five thousand.
Now where'd they get to twenty five thousand through nineteen thousand dollars in rebates
and reduction? It was an ev Yeah, and my trade in okay,
So twenty five plus six No, twenty five polls included, oh, included
sixth grade, So that twenty five did you verify that the twenty five was
truly an extra? You know that the tax credits added up to twenty five
minus six. That says nineteen No. See, I'll tell you how they
got the Yeah, I see what you're saying. And when they say the
tax credits, why would they reduce it by the tax credits? Usually you
get the tax credits. Did they actually did they take the tax credits then?
Yes, as the lease or they would yep, yeah, okay,
I got it. So they took the tax credits and they took the tax
credits of nineteen supposedly and gave you six for a total cap production of twenty
five. Now, if that's what it's showing, and truly, if you
did get a cap production of twenty five, then you got credit for that
six on the trade. However, was the cap figured properly? Like?
How did they get to the fifty thousand dollars cap? Right? Well,
how I'm asking how? What was the price? I'm sorry the vehicle was?
Was the greet Up Prime price was forty seven one two? They jacked
me with car guard after I told him not to. I want well,
hold on, no, no, no, no, no, no no.
They didn't jack you with anything after you told him not to. You
jacked yourself because they they told okay you okay, go ahead, and you
can still get that removed by the way you find it. So I'm responsible,
but you can still get that removed. But in any case, so
you got fifty grand, but you're positive that the cap or if you went
out to buy the car, it would be forty seven something. Oh no,
you get this car for a lot cheaper than that, Well, then
okay, rebate some step for it. No, I'm not talking about the
rebit. I'm saying if he went out and just bought it out right,
he would get this right, so he would. But I'm asking you right
now, if you bought that car, what would you pay for it?
I'm not talking about your credits. What would be the price you would pay?
I think you're you're I think you could probably get it for forty five
cash. Yeah, yeah, you would get it for less than Here's what
you would get it for. I'm going to tell you. I'm going to
tell you exactly what you would get it for. You would get it for
fifty minus the six thousand they gave you in a trade. You would get
it for for forty four thousand dollars. That yeah, So what did they
just do with your trade? They stole it? That number onto the number
that they would. Really they stole your trade. You know, I wish,
I wish people would call us before they buy, or least, I
know it doesn't matter, at least get your three grand but you know what,
because then you won't be totally But but they took a good part of
your trade. Yeah they did. How do I get the car guard,
gug, Just tell them you want to cancel it. I don't know,
if any I don't know, if any add on, you can't cancel.
You can tell them that, by the way, that and the state attorney
general was involved in that years ago. Now a lease might be different,
and I'll tell you why, because the leak or is the one that bought
that, not you, And I'm not sure they have to agree. Now.
See what they could say is we bought this oh, with the promise
you were going to lease it, so you didn't really add it. They
added it. They added it to the car they bought with the agreement you
would lease it with that on there. It's already incorporated into that vehicle.
Yeah, what I'm saying, that's right. For example, if I said
to you, I'm going to rent you a home and I'm going to rent
it to you with air conditioning, but you're going to pay a little more
for rent and you said, okay. Now you say no, I don't
want to rent it with air conditioning, I'll say tough. That was the
terms of the lease. The lease is different than the purchase. Had you
purchased it, you could have done away with that. But I think a
lease changes things a little because you're not the one who put it on there.
You really screwed yourself, bro. But it's okay. You know what,
live and learn. Do you like the car? That's what's important.
What kind of an EV is? It's ID four b w Oh my god?
What? Oh god? Okay, okay, how did you choose that?
You hate those two? I don't hate them. I don't hate them.
But I'm saying, if you're going to do an EV at least do
one that's proven. Folkswagons are not great cars to begin with. You know
that really because I traded it in an all track. I love that car.
Oh okay, so you like folks. We have more experience obviously than
I do. No, not, no, I don't not with every brand.
I only go by what I hear. I only go by what I
hear, and and and if you had good luck with your Volkswagen and you
like the brand, I'm not telling you it's not a good brand. I'm
telling you it's it's not one of the more reliable brands. Like what he's
saying is your first car was likely the Model T. You know, no,
listen, I'm telling you that. Here's what's on. Here's what's unfortunate.
Here's what's unfortunate. What's unfortunate is the German cars nowadays. They're all
pretty good quality coming out of the factory. They have really nice finish and
trim, but they don't have the longevity or life that they used to.
And that's that's the sad fact. And they're not quite as bad as range
Rovers. Now. If you did range Rovers, I would have smacked you
upside the head. But yeah, and range Rover happens to be one of
the prettiest SUVs right now out there. I swear to God, they're so
wonderful looking, but they suck, and I wish they didn't suck, just
like the Jaguars used to be. Jaguars were the nicest looking freaking cars they
ever made back in the day when they were made in England, and they
were almost possessed by the devil. They had so many problems the old Lucas
electrics. But I digress again. If you like the car, that's all
that matters. Right now, what's your monthly payment? It is two twenty
plus tacks? Holy crap? Is that good? Holy? How long is
that good? Fortie? That's spectacular. That's almost like a free car.
Now listen man, But now one other question. How many miles per year
do you get to put on that ten thousand? But I live in Brockenridge
in the winter and I know drive and because I just think, listen man,
you made you made a sweetheart lease for that's what leases are made for,
for customizing, and that's exactly what you did. You did it the
right way. By customizing it. You could have had it even cheaper,
which is amazing to me. But you freaking got that car for two hundred
and something a month. That's coffee money for a lot of people. Yeah.
My insurance is seventy dollars less a month. Wow. What's your range
on that car? I'd they say it's two fifty But to optimize the battery
you are supposed to do eighty percent. Yeah, so what's your range on
eighty percent? So my okay, deal is I needed vehicle up to go
to brack and and charge there. And here's what is it? All wheel
drive? Yep? All wheel drive free charging at Electrify America for three years.
Okay, bro, then I take back everything I said. Even if
they screwedge you out of a few grand. You you did pretty well.
We got more coming up on the Troubleshooter Show. Go with a sure thing
Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're
content. Time for an insurance check up free, no obligation. In comparison,
call Compass Insurance paying too much your coverage at dozens of insurance companies find
out now three oh three seven seven to one help. You'll think you're his
only customer when you choose Frank durand the real estate Man dot com to list
your home with Remax Alliance three oh three nine two zero sixteen twenty two.
Hi Tom Martino here three O three seven one three talk seven one three eight
two five five. Welcome to the show. Let's continue here and try to
help you any way we can, as we do all the time. So
Karen has an issue on car service. Hi Karen, what's happening? Okay?
I took my car in for a regular old change. Where'd you take
it to? Larry H. Ford on Sims and sixth Avenue. Okay,
and what happened? Okay, I take it in. They they give me
a video saying what needs to be done, which they included the spark spark
plug. Oh so you you wanted an oil change, but they said you
needed a lot more. Yeah. Well I went in there just to you
know, to make sure I wanted my alignment, you know, because of
my car, take care of my car. My car has been there.
I took my car there for years. Okay, okay, yeah, so
they know that the engine of my car because that's where it goes. If
anything's wrong, I'm there to fix it. Okay. So this time I
take it in. I just say, well, I need, you know,
the oil chains. And they gave me a video and all the things
that were wrong with my car, it would say, the alignment, they
said, the spark plugs, my window, windshield wipers. They wanted to
do a few ing because of the you know, the knowledge on my car,
which is not even eighty thousand miles okay for my twenty fourteen, for
its focus. So I kept this car with them at all times, all
right. So after a week and I had them look for it was a
switch in my tory. So did you agree to all of that? Yes?
Yes? And how much did that all come to when they made that
list for you? Okay? It came up to almost seven hundred dollars okay,
okay, So after that they did the wheel alignment. The next thing,
you know, they said, it's the motor mounts. Okay, So
that's another nine hundred and minute, another nine hundred on top of seven hundred.
Yeah. So when I got my car out, when I went to
go pick up my car, I don't know why you would need motor mounts.
Man, I have no idea why that's that's weird. But this is
not the kicker, though, not the kicker. The kicker is I went
to go pick up my car, I pay the sixteen hundred dollars because it's
going to be eighteen something, but they didn't charge me for the diagnostics,
okay. So they took that off, and they took the fuel injection on.
So okay, so I'm paying sixteen fifty out the door. I'm ready
to get my car. They go to get my car, they done left
the light off. The lights on in my car, so my battery is
totally dead. Okay, so I wait an hour there for them to charge
it, and they said, oh man, you can get go ahead and
run your car because it's going to take me fifteen minutes to get to my
house. I go and get in my car with my daughter and me.
Well, I go two miles down to Coofex. My car st RBMs.
It wouldn't go, so I go all the way. What's wrong with your
car? Now? Let's get right to that part, Karen. What's wrong
with it now? Okay, they're saying it's a clutch and it's the transmission.
Wait a minute, Wait a minute? How many how many miles on
this? My car has seventy n and now they say your clutch and your
transmission are going out? Yeah, and my car. I haven't had my
car since I chucked it off to them. Wait a minute, did you
take you didn't go hold on? You didn't take it back for the clutching
transmission? Did you? Oh? What? Where's your car right now?
Karen? At my daughter's house. We need to get it. You need
to get it checked out. I mean I don't trust them. Okay,
what what this is the point? I have a kick engine light on.
We need to Here's what we need to do. Do you have the invoice
when you picked it up for the sixteen fifty? Okay? We need someone.
We need someone to go through the car to make sure they did what
they said and that you and to verify what's wrong with it. Now if
it turns out, what's that, Karen? My car was perfect. My
car was perfectly. I would know if I would have transmission problems. My
car had no lifetime, it never has no. But hold on, Here's
what I want to say, Karen. Hold on, just hold on.
I'll come back to you, okay, because I can tell you're upset.
I don't want you to be upset. There are things I think you can
do to just we can verify stuff or protect you. So hang on.
I'm Tom Martine More right after this, go with a sure thing Denver's Best
Ruffer Excel dot com. You don't pay a cent until you're content. Time
for an insurance checkup free, no obligation. In comparison, call Compass Insurance
paying too much your coverage at dozens of insurance companies find out now three all
three, seven, seven to one help. You'll think you're his only customer
when you choose Frank durand the real estate man dot com to list your home
with Remax Alliance three oh three nine two zero sixteen twenty two. Hi Tom
Martino, you're troubleshooter three O three seven one three talk seven one three eight
two five five. All right, So Karen said, she took her car
and for service or car's never been the same. You know, We've hear
this a lot, and it could be that they're jacking with her, but
maybe not. I don't know. She said, Oh, my car was
perfect. I hear this a lot, and you're not the only one.
So Karen, without getting up with out getting analytical here and deciding who's wrong
or who's right, here's what I want to ask you. Do you have
the invoice, you have your car? Are you willing to where are you
located in the general area? Well, my car is at my daughter's health.
Where's that in general? Not the address, but give me some cross
streets. Olive Street in thirty second Evenue second is park Hill. Yeah,
okay, listen. If you went to sharedan Auto Tech, which is Kevin,
or you could go to RKC Automotive on West Evans west of Tayhone.
If you went to one of these shops and Kachina can give you either one
if you your car driveable or not somewhat. They just dropped it off with
the tow truck and now it's still it's having battery charge of problems, which
they drained my battery and said they fully charged it. But this sucks.
This sucks so much, and my car was it's the battery now. So
I'm but no matter what, listen, listen, when was the last time
you did your battery? I just bought a battery there from Sam, so
it's less than four years old? Lesson Okay, because let's just say I
have that on file where I bought the battery. Yeah, but you say
it was four years Yeah, okay, you know it's I know. We're
gonna no matter what, we gotta get this analyzed by something with someone we
by people we know and trust. Once you get this analyzed, we can
figure out, first of all, did they do what they charged you for?
If you paid freaking sixteen hundred and fifty bucks, we better make sure
they did what they promised. Then we can see if they did any damages.
But I doubt they did damages. But something's going on. I just
don't think they're telling you the truth. I don't have a lot of faith
in Larry H. Miller, never did. We had get a lot of
complaints about them. So what I'd like to do now, I'm not saying
they're cheating you, but I just feel a little sketchy about this on how
it happened. But we need one thing after the other. And my car
was I didn't have a check engine. I drove my car. I know
when if I'm having transmission issues, I know this. I'm a car owner.
No, I know that. But it something went wrong here. I
don't know what it was. That's why we want to get it somewhere that
can look at it. So that's that's a I don't even know how to
getting as well. You know what, I would go to RKC Automotive.
Hey, Kachina, can you can you get her information on RKC and you
tell Romando that I recommended you go there just to look it over with the
invoice to see what they did and what's wrong with it. He is very
reasonable. We gotta get this done to then we can we can believe him.
Kachina set that up for me because she really really needs somewhere we can
trust to look at it. That's the first thing, and then we'll take
it one step at a time. But right now, man, that sucks.
Okay, hold on Kaschina, go talk to her please and get her
RKC Automotives Information one Evans West of tayhone and Romando. Really people, he's
a good guy, and I want to I really want to referee there our
case. It's seven to zero seven four nine thirty nine sixty five. We
have more coming right up. Go with a sure thing Denver's best rufer excel
Roofing dot com. You don't pay a cent until your content time for an
insurance check up free, no obligation. In comparison, call Compass Insurance paying
too much your coverage at dozens of insurance companies find out now three oh three
seven seven to one help. You'll think you're his only customer when you choose
Frank Durand the real estate Man dot com to list your home with Remax Alliance
three oh three nine two zero sixteen twenty two. Hi Tom Martino, your
troubleshooter three O three seven one three talk three O three seven one three eight
two five five all right, So John Fuller's with us in the house.
We're gonna finish up with John unless you have a call, get it in
right now. Three oh three seven one three talk seven one three eight two
five five. So John, uh, somebody says dash cams? Uh you
uh, I know you're a believer in dash camps. Are who still doing
any giveaways on dashcams? No, we're That particular promotion has ended, but
I still am a huge fan of dash cam's. They're not that expensive.
No, they're not, And we routinely have cases where dash cans save the
day. Eliminate any of that, he said. She said, I love
when it give me an idea of how you would use them. Okay,
So a normal case comes in the front door and it seems pretty clear liability
to us. But when we contact the other insurance company, at first they're
investigating, and then they inform us that they're insured has a different version of
the events and that they're going to deny liability or they're investigating further, or
whatever it is they claim to do. Okay, then we let them know
that we happen to have a video of the incident, and that is the
end of the discussion. They see the video, it's over. They accept
complete liability. The rest of the cases. Is that admissible in court?
Absolutely? Absolutely? You bet it is. Wow. And so how would
you does it record over it? So of what happens in an accent,
would you'd have to how do you preserve it? Yes, I don't know,
I mean that's technical and imagine they could read the direction. I'm just
curious. Most dash cams have a memory card and of size, youse just
remove the card. Yeah, but they do record over it. But if
they have an event that's like really sudden breaking or a crash type deal,
they save it and they have it, you know, the unit itself says,
oh, something must have happened, we better save that, no fooling.
Yeah, it's it's pretty cool technology. And then but even if you
don't, I mean, we have people, Tom, We even have witnesses
to accidents that are like, hey, I'm sitting at a red light.
Oh, and they take their memory card out and like hand it to the
cop and say here, here's a video of the accident. We get a
copy of that. Yeah, and almost everything's on camera now almost, But
you'd be surprised how many intersections have like traffic monitoring cameras, but they don't
actually record. But these little devices record in living four K color and their
beautiful quality video, and they absolutely are worth their weight in gold. I
would highly recommend that everybody get one for your vehicles. Okay, on one
quick question though, what about if I'm using my cell phone on site things
not picked up by a diash jump? So what would And by the way,
don't text anymore because I'm off at it's five seven seven three nine.
I'll get it tomorrow. Actually you can text, but anyway, So what
would you take with the cell phone that maybe your dash cam didn't get like
the other I always say, get the license plate, get the damages,
get the proximity a location cars, right, act like you're a reporter on
the job. Yeah, take pictures of the cars, the intersection, the
lights to sign in the other driver, any witnesses, any witness information like
a telephone number, anything and everything. Take pictures. You never get a
second chance to go back and view the intersection if it were snowy or rainy
or now would those cell phone pictures be it? Missibli? But do you
find out when if you have a cell phone? They say, well,
the car was hardly damage and you have the pictures. I mean, the
pictures is worth a thousand words right now. Yeah. I have accidents tom
where one car looks like it was barely bumped, and then you look at
the other one and you're like, holy cow, it's completely crunched with under
the back bumper of a big truck or something, and it's amazing difference.
Do you have to get information from the other driver or depend on the cops.
I always say, even if the cop is there, you get information.
Listen. I would highly recommend that you get as much information as you
can. Of course, you're so injured, you're going to the hospital.
In the hospital and that happens a lot where the cop takes you know,
they may take a week to get the accident report to put together. I
routinely call cops and are like, hey man, we have nothing. We
don't even know where the car got towed to because my client would. But
if you have a license PATE number that would go a long way. Yeah,
it's easier, you know, but you haven't had it. Wait,
you haven't had cases though, tell me this, tell me this isn't true.
You haven't had cases where you can't find the other party, absolutely we
have, oh my god. So there's nothing you can do about it.
No, if you can't identify the other party, is a total you didn't
claim at that point. That's uninsured motors by the way, all right,
thank you, John Fullerman. It's been great as usual. My accident lawyer
dot co. And you can always call him and notice the fuller difference at
three oh three five nine seven forty five hundred five nine seven four five zero
zero. Don't forget three oh three Martino. Save all your problems for me.