WEBVTT 1 00:00:00.560 --> 00:00:10.800 Yet you need so you don't have a. 2 00:00:13.919 --> 00:00:20.239 Suspenski Shooter's gonna help, come Man Dix. 3 00:00:20.719 --> 00:00:35.280 Is the Troubleshooter Show now, Tom Martino, Well. 4 00:00:35.159 --> 00:00:39.240 John, Troubleshooter Show on a Thursday. Today. This is Suzanne 5 00:00:39.240 --> 00:00:42.039 Major and we got John Fuller in studio today. 6 00:00:42.359 --> 00:00:44.960 Welcome to the trouble Shooter Show. Yeah. 7 00:00:45.079 --> 00:00:47.600 I feel like it's a trial by fire this morning. 8 00:00:47.679 --> 00:00:50.920 So hey, it's the only show of it's kind. We 9 00:00:51.000 --> 00:00:53.119 solve problems, answer questions, and take complaints. 10 00:00:53.240 --> 00:00:54.439 You sure do a lot of them. 11 00:00:54.520 --> 00:00:57.840 Huh. Absolutely, Let's see those calls light up this morning. 12 00:00:57.920 --> 00:01:00.079 Yeah, three oh three Martino, that's three oh three, are 13 00:01:00.240 --> 00:01:02.520 six two seven, eight, four sixty six. You can also 14 00:01:02.560 --> 00:01:04.799 email us help at troubleshooter dot com. 15 00:01:05.040 --> 00:01:06.319 It's a really interesting day. 16 00:01:06.519 --> 00:01:09.519 It is my debut as host of this wonderful show, 17 00:01:09.959 --> 00:01:13.280 sitting in for Tom and Mark today. So I am 18 00:01:13.359 --> 00:01:15.319 John Fuller. Most of you know me as a personal 19 00:01:15.319 --> 00:01:17.159 injury attorney. I've been on the show for a number 20 00:01:17.159 --> 00:01:19.239 of years. So we're going to be here to answer 21 00:01:19.280 --> 00:01:21.719 all of your questions today, but in particular, if you 22 00:01:21.760 --> 00:01:25.840 have questions that have to do with personal injury, auto accidents, insurance, 23 00:01:25.879 --> 00:01:28.480 anything of the sort. I kind of do that stuff 24 00:01:28.519 --> 00:01:32.239 every single day, and I'm perfectly willing to answer those questions. 25 00:01:32.280 --> 00:01:34.799 So bring those on or anything else you'd like to, 26 00:01:35.000 --> 00:01:35.319 you know. 27 00:01:35.280 --> 00:01:38.120 Your stuff sometimes. 28 00:01:37.599 --> 00:01:39.719 Yeah, you know a lot of consumer stuff every time 29 00:01:39.799 --> 00:01:42.719 you're on the air, you know. And then a personal 30 00:01:42.760 --> 00:01:46.079 injury for sure, Personal injuryco dot com and that's John 31 00:01:46.120 --> 00:01:49.480 Fuller three three five nine seven forty five hundred. 32 00:01:50.120 --> 00:01:51.359 I'll try and keep them in line. 33 00:01:51.439 --> 00:01:53.879 Sus Hey, doc, you're working on anything. 34 00:01:54.599 --> 00:01:57.560 I yeah, I have this really complicated thing with a 35 00:01:57.719 --> 00:01:58.519 dental claim. 36 00:01:58.879 --> 00:01:59.920 I'm trying to get a. 37 00:02:02.159 --> 00:02:04.920 Group to represent him. 38 00:02:05.079 --> 00:02:06.959 What's going on with it. I didn't hear the call. 39 00:02:07.239 --> 00:02:10.639 Well, this guy had some problems with Elite Dental group 40 00:02:11.039 --> 00:02:15.319 and then they suit him for back for money he 41 00:02:15.360 --> 00:02:18.400 owed them, and at first they wouldn't give him his 42 00:02:18.520 --> 00:02:21.719 medical records. And then we called them and told them, look, 43 00:02:22.039 --> 00:02:25.680 you're not allowed to withhold medical records because somebody owes 44 00:02:25.719 --> 00:02:27.680 you money. It's a separate issue. 45 00:02:27.879 --> 00:02:29.240 So I got the medical records. 46 00:02:29.280 --> 00:02:32.800 I had one dentist look over it and he said 47 00:02:32.800 --> 00:02:36.039 he's not sure if there's enough for a case. So 48 00:02:36.120 --> 00:02:41.080 I'm waiting to hear from a malpractice attorney that specializes 49 00:02:41.439 --> 00:02:45.280 in dental claims to see if we can get this 50 00:02:45.360 --> 00:02:46.879 guy some treatment. 51 00:02:47.120 --> 00:02:48.879 Oh, I didn't know that. So they're trying to withhold 52 00:02:48.960 --> 00:02:50.879 medical records because he owes money. 53 00:02:51.000 --> 00:02:53.479 Got the medical records. Oh, after I told them that 54 00:02:53.520 --> 00:02:54.439 they can't withhold it. 55 00:02:54.520 --> 00:02:55.039 Oh nice. 56 00:02:55.400 --> 00:02:58.680 So I have one dentist look at the records, and 57 00:02:58.719 --> 00:03:01.560 then I'm waiting for a an attorney to give me 58 00:03:01.599 --> 00:03:02.159 his opinion. 59 00:03:02.840 --> 00:03:04.520 Ah gotchas. 60 00:03:05.719 --> 00:03:09.439 So listen, your picture looks really good though the YouTuber 61 00:03:09.479 --> 00:03:10.800 said I should just keep you up there. 62 00:03:10.919 --> 00:03:13.360 Actually, welcome to the show. Listen. 63 00:03:13.599 --> 00:03:17.680 I just wanted to say something for the I just 64 00:03:17.759 --> 00:03:20.000 had to reboot. I mean that's all I did every 65 00:03:20.000 --> 00:03:22.120 once in a while. That's what happens. You have to reboot. 66 00:03:23.199 --> 00:03:24.199 John, Thanks for being here. 67 00:03:24.199 --> 00:03:25.960 I'll be cutting out a little early today for some 68 00:03:26.599 --> 00:03:27.719 personal stuff going on. 69 00:03:27.840 --> 00:03:34.639 And speaking of I want to bring this up some cases. 70 00:03:35.879 --> 00:03:37.800 We had that one case that we're not going to 71 00:03:37.840 --> 00:03:41.960 pursue out we didn't mention any schools, but we're not 72 00:03:41.960 --> 00:03:44.080 going to pursue it having to do with a girl 73 00:03:44.120 --> 00:03:48.520 who was on a soccer team of two. So we're 74 00:03:48.520 --> 00:03:52.360 not going to pursue that because the father said, you think, yeah, 75 00:03:52.400 --> 00:03:55.520 the track team. Here's oh, that's right, cross country track. 76 00:03:55.560 --> 00:03:59.560 And she here's what the problem was. She's had a 77 00:03:59.599 --> 00:04:02.680 little school and she wanted to know if she could 78 00:04:02.800 --> 00:04:07.039 get a waiver to go to another school for that sport. Now, 79 00:04:07.319 --> 00:04:09.479 with kids that are homeschooled and all of that kind 80 00:04:09.520 --> 00:04:13.319 of stuff, they allow you to do that, but because 81 00:04:13.400 --> 00:04:16.839 her school has a team, theoretically she can't do it. 82 00:04:17.480 --> 00:04:20.759 So he was wondering why there's only two kids on 83 00:04:20.800 --> 00:04:23.959 the team. They're not getting a really good experience. Can 84 00:04:24.040 --> 00:04:26.319 she go to another school? They won't let him, And 85 00:04:26.360 --> 00:04:28.800 then he decided not to pursue it because the school 86 00:04:28.920 --> 00:04:30.839 is at He loves the school and he doesn't want 87 00:04:30.879 --> 00:04:35.839 to jeopardize the relationship there and jeopardize the scholarship she's getting. 88 00:04:35.879 --> 00:04:39.199 And so bottom line is we're just going to leave 89 00:04:39.199 --> 00:04:43.160 that one alone. But we had another one come up 90 00:04:43.160 --> 00:04:44.439 with that Bo was working on. 91 00:04:45.920 --> 00:04:48.759 This guy was really pissed off. Now he's talked to 92 00:04:48.800 --> 00:04:49.639 a bunch of people. 93 00:04:49.680 --> 00:04:54.519 He talked to Duffuty, Scott, he talked to he talked 94 00:04:54.560 --> 00:04:57.680 to Bow again, and then he talked to. 95 00:04:59.199 --> 00:05:01.560 Other people. I think he talked to the consumer. 96 00:05:01.600 --> 00:05:04.560 He's saying, you know, I'm being portrayed as a bad guy, 97 00:05:04.600 --> 00:05:07.040 and I'm not a bad guy. This is a guy 98 00:05:07.079 --> 00:05:14.360 that took thousands of dollars down sixty feet sixty two thousand. 99 00:05:14.959 --> 00:05:19.279 His name is Justin Garcia. Now here's what happened. I 100 00:05:19.439 --> 00:05:23.000 may admit, by the way that Carol might even border 101 00:05:23.079 --> 00:05:26.600 on a consumer nut And I don't mean that in 102 00:05:26.639 --> 00:05:28.879 a bad way. I mean there's some consumers that want 103 00:05:28.920 --> 00:05:31.560 to take control. For example, she went out and found 104 00:05:31.600 --> 00:05:34.800 a custom package for her log home. 105 00:05:34.839 --> 00:05:39.040 I believe it was for a cabin, and. 106 00:05:38.959 --> 00:05:45.319 Then she contracted Patriot Remodeling Services justin Garcia to build it, 107 00:05:46.480 --> 00:05:50.759 and she took delivery of the materials and then it 108 00:05:50.800 --> 00:05:53.600 went downhill. Justin says, she's getting to involve. She's not 109 00:05:53.680 --> 00:05:57.399 letting me do my job. Okay, well enough, even if 110 00:05:57.399 --> 00:06:00.439 that's true, even if she was a nutjob and she 111 00:06:00.959 --> 00:06:03.680 went out and found her own materials and she was 112 00:06:03.759 --> 00:06:07.519 spearheading the project, and even if it fell apart. Now 113 00:06:07.560 --> 00:06:10.439 she paid twenty eight grand for the pack for the materials, 114 00:06:10.839 --> 00:06:13.920 she paid sixty two it adjusted. It's been a year 115 00:06:13.959 --> 00:06:17.959 and a half. He has done nothing, and he says 116 00:06:18.040 --> 00:06:22.079 she owes him that money because he had costs involved 117 00:06:22.120 --> 00:06:25.680 and penalties. Well, according to the Contractor's Trust Act, that 118 00:06:25.759 --> 00:06:28.759 money should be held in trust and you're not allowed 119 00:06:28.800 --> 00:06:32.839 to penalize people for nothing. I mean, so this guy 120 00:06:33.160 --> 00:06:36.360 justin Garcia, we had people calling him because I said, 121 00:06:36.360 --> 00:06:40.680 look at this is serious, this is serious stuff. And 122 00:06:41.720 --> 00:06:43.519 he says, oh, you don't know the whole story. Well, 123 00:06:43.560 --> 00:06:46.680 I want to know why he feels he can tea 124 00:06:46.920 --> 00:06:51.639 take sixty two thousand dollars. Now, Bo said we should 125 00:06:51.680 --> 00:06:54.720 wait to get him on till monday because we don't 126 00:06:54.720 --> 00:06:58.079 have a copy of the contract he signed with her. 127 00:06:58.519 --> 00:07:02.160 And I'm not waiting till monday because he called us 128 00:07:02.240 --> 00:07:05.680 insisting that he has a right to keep sixty two 129 00:07:05.879 --> 00:07:08.040 thousand dollars for nothing. 130 00:07:08.600 --> 00:07:09.199 For nothing. 131 00:07:09.959 --> 00:07:12.519 Now, I don't see how this guy is going to 132 00:07:12.560 --> 00:07:15.480 get away with it, but I want to get him 133 00:07:15.480 --> 00:07:17.360 on today. If he wants to come on the air, 134 00:07:17.439 --> 00:07:19.959 I want to get him on today. And the hell 135 00:07:20.000 --> 00:07:24.120 with the contract. I want to know his justification. Okay, Now, 136 00:07:24.360 --> 00:07:27.120 the reason we don't have Carol's contract is she. 137 00:07:27.079 --> 00:07:28.240 Had no way to scan it. 138 00:07:28.319 --> 00:07:31.000 She literally made a copy of it and snail mailed 139 00:07:31.000 --> 00:07:31.480 it to us. 140 00:07:31.959 --> 00:07:34.240 But I'll bet you Justin has a copy of it. 141 00:07:34.439 --> 00:07:39.040 Maybe he can email it to us. So why don't. 142 00:07:38.839 --> 00:07:43.120 We try to get Justin Garcia on and he goes 143 00:07:43.160 --> 00:07:48.279 by several names, Patriot Remodeling Services, LLC. 144 00:07:49.600 --> 00:07:53.480 He also has something else. He calls himself. 145 00:07:54.800 --> 00:08:03.319 Innate Architects, Architecture, Engineering and Construction, and a host of 146 00:08:03.319 --> 00:08:04.519 other names in the past. 147 00:08:04.839 --> 00:08:07.319 Yeah, hey, yes, this. 148 00:08:07.399 --> 00:08:11.439 Is the one who actually dodged me yesterday. Yeah. Now 149 00:08:11.480 --> 00:08:12.839 he wants to come on the air, doesn't he. 150 00:08:13.160 --> 00:08:14.759 Uh, I'm not sure about that. 151 00:08:15.879 --> 00:08:16.600 Bo call in. 152 00:08:16.639 --> 00:08:20.360 Okay, I know Bo's listening. I decided I'm not waiting 153 00:08:20.480 --> 00:08:24.319 till Monday. We don't have to see the contract. I 154 00:08:24.399 --> 00:08:27.079 want to talk to the guy I want to see. 155 00:08:27.199 --> 00:08:31.199 I want to give him every opportunity to clear his name, because, 156 00:08:31.439 --> 00:08:36.240 in my opinion, he sounds like a scammer. Okay, I 157 00:08:36.279 --> 00:08:39.519 don't know under what on what planet he can keep 158 00:08:39.559 --> 00:08:42.919 sixty two thousand dollars. The Contractor's Trust Act says the 159 00:08:43.039 --> 00:08:47.639 money but must be put in trust and spent for 160 00:08:47.840 --> 00:08:53.960 that project. What does that mean, John Fuller, what does 161 00:08:54.000 --> 00:08:56.639 that mean as an attorney spend on that project? 162 00:08:56.679 --> 00:08:58.720 You know, it's almost like money in our trust account. 163 00:08:58.759 --> 00:09:00.919 At the law firm. I mean, there's some money that 164 00:09:01.080 --> 00:09:03.399 jis flat doesn't belong to you, and you have an 165 00:09:03.399 --> 00:09:06.799 affirmative duty under the law to account for that money 166 00:09:07.159 --> 00:09:09.720 and to be able to, you know, give an accounting 167 00:09:09.799 --> 00:09:12.039 at any time for all the money that's come in 168 00:09:12.360 --> 00:09:15.600 and gone out relative to that particular account. So for 169 00:09:15.679 --> 00:09:19.039 a contractor, it's really no different. You need money up front. 170 00:09:19.360 --> 00:09:21.240 You know, we don't like that, but so be it. 171 00:09:21.600 --> 00:09:23.720 But it doesn't just go in his pocket to pay 172 00:09:23.759 --> 00:09:26.200 his rent or something. It sits in the account and 173 00:09:26.279 --> 00:09:31.159 gets depleted as they buy materials and whatnot for the project, 174 00:09:31.279 --> 00:09:33.840 and at any time they should be able to give 175 00:09:33.879 --> 00:09:36.279 you an accounting of the exact dollar amount there. 176 00:09:37.279 --> 00:09:41.440 I agree, and I don't understand his reasoning that he 177 00:09:41.440 --> 00:09:44.120 can keep it. So I just wanted to mention that's 178 00:09:44.159 --> 00:09:47.240 one we're working on right now and I really want to. 179 00:09:47.960 --> 00:09:49.679 I really want to get to the bottom of that. 180 00:09:49.879 --> 00:09:53.600 So that's what we'll be working on soon also, So 181 00:09:53.759 --> 00:09:56.000 give him a call again, and BO, I know you're 182 00:09:56.159 --> 00:09:56.679 I've got bo. 183 00:09:57.360 --> 00:09:57.519 BO. 184 00:09:58.960 --> 00:10:00.799 You know I gave this, I gave this a lot 185 00:10:00.799 --> 00:10:02.480 of thought. I didn't get a chance to talk to 186 00:10:03.360 --> 00:10:03.799 forgive me. 187 00:10:03.840 --> 00:10:06.600 I have a lot going on today. We need to 188 00:10:06.639 --> 00:10:10.519 talk about this. He indicated he had a right to 189 00:10:10.600 --> 00:10:12.840 keep this money, right bore you? 190 00:10:12.960 --> 00:10:13.440 Sure it did? 191 00:10:14.279 --> 00:10:18.200 And under what on what planet does he live where 192 00:10:18.240 --> 00:10:21.759 he can keep sixty two thousand dollars. 193 00:10:22.000 --> 00:10:27.840 First, I mentioned that Contractor Trust Act and he actually 194 00:10:27.879 --> 00:10:31.279 spouted off the CRS. And he says, why I have 195 00:10:31.480 --> 00:10:35.399 something that's above the contractor trustle And I said, how 196 00:10:35.440 --> 00:10:39.080 could you possibly keep sixty two thousand dollars? And then 197 00:10:39.120 --> 00:10:41.840 he told me he had some materials, And I said, 198 00:10:41.879 --> 00:10:45.559 that is the s because the lady Carol bought all 199 00:10:45.600 --> 00:10:46.799 the materials. 200 00:10:46.279 --> 00:10:46.879 For the job. 201 00:10:47.360 --> 00:10:49.720 Even if you did it buy some materials, it didn't 202 00:10:49.720 --> 00:10:52.360 equate to sixty two thousand dollars. 203 00:10:52.879 --> 00:10:56.720 Now, this this guy spent the money. You want to 204 00:10:56.720 --> 00:10:58.480 make a bet he spent the money. You want to 205 00:10:58.480 --> 00:11:00.759 make a bet he doesn't have it in trust account. 206 00:11:00.919 --> 00:11:04.639 And I want to know why, he says his contract 207 00:11:04.679 --> 00:11:07.039 So he said his contract is above and beyond the 208 00:11:07.080 --> 00:11:08.320 Contractors Trust Act. 209 00:11:09.120 --> 00:11:12.720 Yes, but he would he would not scan or email 210 00:11:12.799 --> 00:11:14.399 me the contract. 211 00:11:14.639 --> 00:11:17.600 So I asked Carol to let. 212 00:11:17.480 --> 00:11:20.480 Me see the contract she has. She's little old school. 213 00:11:20.559 --> 00:11:21.840 She had no way of doing it. 214 00:11:21.919 --> 00:11:23.720 So she now know it to me. 215 00:11:24.200 --> 00:11:28.159 And she snailed. She's also emailing me the cashier's check 216 00:11:28.279 --> 00:11:31.679 that she gave to him for the sixty two thousand dollars. 217 00:11:32.360 --> 00:11:35.480 Now we need to go ahead, okay. 218 00:11:35.600 --> 00:11:38.200 Dollar told me that he would only. 219 00:11:37.960 --> 00:11:40.960 Come on the air, which I said, this was hokey 220 00:11:41.320 --> 00:11:43.399 if Carol gave him permission. 221 00:11:44.320 --> 00:11:45.360 So I see that. 222 00:11:45.559 --> 00:11:48.840 Now does anyone even understand why he would say that 223 00:11:49.159 --> 00:11:49.919 stupid thing? 224 00:11:51.120 --> 00:11:52.879 Come on at AS nine? 225 00:11:53.120 --> 00:11:57.759 So I called Carol last night yesterday afternoon. She's in 226 00:11:57.759 --> 00:11:58.919 a seminar today. 227 00:11:59.320 --> 00:12:00.960 She's a the person. 228 00:12:01.320 --> 00:12:03.600 She didn't want to physically talk to him, but she 229 00:12:03.799 --> 00:12:06.759 sent him a text and sent me a copy of 230 00:12:06.799 --> 00:12:13.159 that touched me telling Justin that she's giving him permission 231 00:12:13.159 --> 00:12:14.440 to come on the radio show. 232 00:12:15.759 --> 00:12:16.639 Now, Tom, I. 233 00:12:16.559 --> 00:12:19.480 Asked him to come on the radio show last week twice, 234 00:12:19.519 --> 00:12:21.759 and I asked his attorney to come on the radio show. 235 00:12:22.000 --> 00:12:23.039 He refused to do it. 236 00:12:23.080 --> 00:12:24.080 He said he didn't have to. 237 00:12:25.120 --> 00:12:27.639 Well, well, of course he doesn't have to, but he's 238 00:12:27.720 --> 00:12:28.679 stupid not to. 239 00:12:29.000 --> 00:12:32.840 But if you want to state why he has the 240 00:12:32.879 --> 00:12:36.600 ability or reason to keep sixty two thousand dollars, you 241 00:12:36.639 --> 00:12:39.600 should come on here and explain it to us because 242 00:12:39.639 --> 00:12:41.879 he's a scumbag in my opinion. 243 00:12:41.840 --> 00:12:44.799 That's me too, me too. But I want him again. 244 00:12:45.600 --> 00:12:46.480 I'm calling him out. 245 00:12:46.559 --> 00:12:48.799 He doesn't need anyone's permission to come on there. She 246 00:12:48.879 --> 00:12:51.240 came out and talked about him. He can come on, 247 00:12:51.600 --> 00:12:54.519 Come on, man, this guy is this is. 248 00:12:54.480 --> 00:12:56.639 So slippery justin Garcia. 249 00:12:57.039 --> 00:13:02.639 Come on, bro huh come on right Patriot Building seven 250 00:13:03.039 --> 00:13:04.559 nine five seven one. 251 00:13:05.960 --> 00:13:08.960 Zero four to three seven. Come on, Tom. 252 00:13:08.960 --> 00:13:12.120 If he has a legitimate reason that cupe sixty two 253 00:13:12.159 --> 00:13:15.919 thousand dollars and I'm wrong in this judging him. 254 00:13:15.759 --> 00:13:18.039 I'll quitt. I'll quit the show, Tippy. 255 00:13:18.200 --> 00:13:21.039 I mean, come on now, now what reason? You know? 256 00:13:22.200 --> 00:13:25.879 Here's the thing there, there is none. I just don't 257 00:13:25.879 --> 00:13:27.840 want to get into it. I'm gonna I'm gonna take 258 00:13:27.840 --> 00:13:30.440 a quick break here. This this sucks. I mean, the 259 00:13:30.799 --> 00:13:33.840 guy doesn't have a right to keep the money. Uh 260 00:13:34.480 --> 00:13:36.639 you know, and didn't he say something about four hundred 261 00:13:36.639 --> 00:13:37.960 dollars a day penalty? 262 00:13:38.519 --> 00:13:39.600 He told dollars he. 263 00:13:39.559 --> 00:13:42.120 Had four one hundred dollars a day and charges for 264 00:13:42.279 --> 00:13:42.840 every day. 265 00:13:42.679 --> 00:13:43.240 That get yeah? 266 00:13:43.480 --> 00:13:43.960 So yeah? 267 00:13:44.000 --> 00:13:44.279 Really? 268 00:13:44.360 --> 00:13:48.080 So where where are his losses on that? Okay? 269 00:13:49.000 --> 00:13:51.799 Anyway, I'm Tom Martine three oh three seven one three 270 00:13:51.799 --> 00:13:55.279 talkwaterpros dot net. 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Go with a 280 00:14:30.519 --> 00:14:33.960 sure thing Denver's best roofer Excel Roofing dot com. 281 00:14:34.000 --> 00:14:38.000 You don't pay a cent until you're content, wait. 282 00:14:39.399 --> 00:14:42.600 Time for an insurance check up free, no obligation in comparison, 283 00:14:42.720 --> 00:14:46.240 call Compass Insurance paying too much your coverage at dozens 284 00:14:46.279 --> 00:14:49.039 of insurance companies find out now three oh three seven 285 00:14:49.120 --> 00:14:51.960 seven to one help. You'll think you're his only customer 286 00:14:51.960 --> 00:14:54.240 when you choose Frank durand the real estate Man dot 287 00:14:54.279 --> 00:14:57.559 com to list your home with Remax Alliance three oh 288 00:14:57.639 --> 00:15:05.080 three nine two zero sixteen twenty two. Hi tom Orsino, 289 00:15:05.799 --> 00:15:10.159 your troubleshooter three oh three seven one three talk three 290 00:15:10.159 --> 00:15:12.639 oh three seven one three eight two five five eight 291 00:15:12.679 --> 00:15:15.720 eight eight heating dot com. Get them to check out 292 00:15:15.720 --> 00:15:18.639 your furnace before winter. Get them to replace it if 293 00:15:18.679 --> 00:15:20.000 you want great prices. 294 00:15:20.039 --> 00:15:21.360 They are good people. 295 00:15:21.440 --> 00:15:24.639 They even they specialize in high efficiency to save you money. 296 00:15:24.679 --> 00:15:28.240 Three oh three seven seven zero two seven seven six. 297 00:15:29.279 --> 00:15:30.519 So did we. 298 00:15:30.440 --> 00:15:35.360 Try calling him again? Uh, that scumbag contractor. 299 00:15:35.320 --> 00:15:36.639 And went straight to voicemail. 300 00:15:36.679 --> 00:15:39.559 Tom Hi, Yeah, so justin you know, don't don't give 301 00:15:40.080 --> 00:15:42.559 don't give me any crap. Don't give me any crap, 302 00:15:42.960 --> 00:15:46.440 you know, So John Fuller, I do have a text, 303 00:15:46.480 --> 00:15:49.000 by the way, and uh, I got you up on 304 00:15:49.039 --> 00:15:49.639 the camera now. 305 00:15:49.679 --> 00:15:55.279 So on the I tell people, you know, you can find. 306 00:15:55.080 --> 00:15:57.639 Out roughly what your case is worth, and how to 307 00:15:57.840 --> 00:16:01.679 how to collect, whether you collect from your their insurance 308 00:16:01.720 --> 00:16:03.919 company or your own, and. 309 00:16:05.600 --> 00:16:09.000 What do you do to evaluate a case? Somebody wants 310 00:16:09.039 --> 00:16:12.279 to know is it does it have to? They heard 311 00:16:12.360 --> 00:16:13.039 one time? 312 00:16:13.399 --> 00:16:15.720 And I know you hear all these myths that it's 313 00:16:15.840 --> 00:16:18.399 ten times the injury expense. 314 00:16:18.480 --> 00:16:19.080 Have you heard that? 315 00:16:19.360 --> 00:16:20.879 I wish one time. 316 00:16:20.720 --> 00:16:23.960 Ten times the medical bills? I don't know. So how 317 00:16:24.000 --> 00:16:25.440 do you put a price on this. 318 00:16:26.720 --> 00:16:30.240 So there's a lot of variables Tom that go into 319 00:16:30.320 --> 00:16:32.440 valuation of a case. And if you just started in 320 00:16:32.480 --> 00:16:34.919 a vacuum and you said, all right, we've we've got 321 00:16:35.080 --> 00:16:38.039 economic and non economic damages, you could add up the 322 00:16:38.360 --> 00:16:40.559 medical bills, and you could add up the wage loss, 323 00:16:40.600 --> 00:16:44.240 and you could roughly approximate what the pain and suffering is. 324 00:16:44.320 --> 00:16:47.480 But there's so much more to it than just that. 325 00:16:47.559 --> 00:16:50.120 You have to look at collectibility. You have to look 326 00:16:50.120 --> 00:16:52.919 at policy limits, you have to look at which insurance 327 00:16:52.960 --> 00:16:55.519 companies are involved, which ones are going to make us 328 00:16:55.559 --> 00:16:57.600 go litigate it to get the full value. I mean, 329 00:16:57.879 --> 00:17:00.519 there's all of these different things that go into it 330 00:17:00.559 --> 00:17:04.920 that the average you know, normal consumer just can't possibly 331 00:17:05.039 --> 00:17:08.799 understand the you know, the relatives of all that information. 332 00:17:08.920 --> 00:17:10.559 Not that they can't understand there there's. 333 00:17:10.440 --> 00:17:13.079 No formulas, but there is no formula. 334 00:17:13.400 --> 00:17:14.640 There is not a formula. 335 00:17:14.759 --> 00:17:18.400 I wish there was, but in twenty two years I've 336 00:17:18.519 --> 00:17:20.480 yet to come across a formula. 337 00:17:22.000 --> 00:17:25.759 So it's a case by case. And this is not 338 00:17:25.839 --> 00:17:28.480 a text. But going on the topic of what we 339 00:17:28.640 --> 00:17:33.359 just talked about, what about what someone and I hate 340 00:17:33.400 --> 00:17:37.440 putting it this way, what someone is worth, what they make, 341 00:17:38.079 --> 00:17:43.880 what their job is. People some people are owed more 342 00:17:43.920 --> 00:17:46.279 than others. I mean, let's just put it that way. 343 00:17:46.400 --> 00:17:47.200 Is that right or wrong? 344 00:17:47.279 --> 00:17:47.519 John? 345 00:17:48.400 --> 00:17:48.559 Oh? 346 00:17:48.559 --> 00:17:52.400 I think that's definitely right. I mean, you know, again, 347 00:17:52.519 --> 00:17:55.799 you have different categories of damages, and so you know, 348 00:17:55.839 --> 00:17:58.160 I always tell clients you have one basket of damages 349 00:17:58.200 --> 00:18:01.279 and it's unique to you. And so in that basket 350 00:18:01.480 --> 00:18:04.759 we will have all of your treatment, all of your 351 00:18:04.880 --> 00:18:08.559 you know, your medical bills, any future treatment, any limitations 352 00:18:08.599 --> 00:18:11.279 that you have on what you do for fun and 353 00:18:11.319 --> 00:18:13.240 what you do with your family and all these things. 354 00:18:13.680 --> 00:18:16.359 But then also how much have you lost in wages 355 00:18:16.400 --> 00:18:17.880 and how much are you going to lose in the 356 00:18:17.880 --> 00:18:21.720 future if the nature of the injuries keep somebody from 357 00:18:21.799 --> 00:18:25.799 doing their job. You know, let's take for example, you 358 00:18:25.839 --> 00:18:28.839 as a radio host. You if you lost the ability 359 00:18:28.880 --> 00:18:32.039 to speak, that would materially impact your ability to do 360 00:18:32.160 --> 00:18:35.160 your job as a radio host, right, and so it 361 00:18:35.200 --> 00:18:38.799 would only be fair that the guy that caused that 362 00:18:39.000 --> 00:18:41.720 would be responsible to replace that loss. 363 00:18:42.599 --> 00:18:44.480 And that's that's really as simple as it is. 364 00:18:45.559 --> 00:18:51.480 So Okay, if somebody is an unemployed ditch digger, what 365 00:18:51.519 --> 00:18:54.319 does that do to the scenario of that. 366 00:18:54.160 --> 00:18:57.920 Will drastically reduce the value the case. You mean, it 367 00:18:58.000 --> 00:19:01.359 is what it is. You know, the relative economic impact 368 00:19:01.440 --> 00:19:05.559 of a life altering accident for an unemployed ditch digger 369 00:19:05.720 --> 00:19:10.200 is different on paper than for a you know, world 370 00:19:10.319 --> 00:19:11.559 famous radio host. 371 00:19:11.799 --> 00:19:16.160 You know, you know, really though, it has to do 372 00:19:16.319 --> 00:19:19.599 I guess with what does it have to It has 373 00:19:19.680 --> 00:19:24.720 to do with what your economic damages are. But what 374 00:19:24.839 --> 00:19:29.440 about pain and suffering? Everyone probably deserves the same for 375 00:19:30.000 --> 00:19:31.319 a soar back or not. 376 00:19:31.440 --> 00:19:34.000 In a lot of respects that loss of life. 377 00:19:33.880 --> 00:19:35.960 Of enjoyment, that's true. 378 00:19:35.960 --> 00:19:40.200 But unfortunately those categories are capped in Colorado. So there 379 00:19:40.240 --> 00:19:43.559 is an upper limit depending on the type of the 380 00:19:43.599 --> 00:19:46.119 case and a lot of other factors, but there is 381 00:19:46.200 --> 00:19:49.839 a limit to these non economic, intangible, if you will, 382 00:19:50.319 --> 00:19:53.880 losses in Colorado and in many states. So really the 383 00:19:54.599 --> 00:19:57.759 only damages that are not capped are. 384 00:19:57.680 --> 00:19:58.960 Your economic losses. 385 00:19:59.119 --> 00:20:02.640 You know, if you had, for instance, three million dollars 386 00:20:02.640 --> 00:20:05.319 of medical bills, why would it make sense to put 387 00:20:05.359 --> 00:20:07.119 a cap on the amount of medical bill if they 388 00:20:07.160 --> 00:20:09.839 are what they are, and then the same logic goes 389 00:20:09.839 --> 00:20:13.680 along with your wage loss and your inability to earn money. 390 00:20:13.480 --> 00:20:15.359 That loss is what it is. 391 00:20:15.680 --> 00:20:19.079 It can't be capped by by some law in a 392 00:20:19.079 --> 00:20:22.319 different state. So it may be capped by available limit. Yeah, 393 00:20:22.319 --> 00:20:25.519 but it's not cap by you know, by by law. 394 00:20:25.640 --> 00:20:26.039 All right? 395 00:20:26.400 --> 00:20:30.559 Threeh three Martino three oh three six two seven eight 396 00:20:30.599 --> 00:20:31.440 four sixty six. 397 00:20:31.880 --> 00:20:33.200 And you can write to us. 398 00:20:33.039 --> 00:20:36.640 Help at troubleshooter dot com. Whenever you call or right, 399 00:20:36.799 --> 00:20:38.519 we will get you on the show. And there's no 400 00:20:38.640 --> 00:20:41.799 need to wait, so you can call in about that. 401 00:20:42.319 --> 00:20:46.279 We're going to try to get Justin Garcia again to 402 00:20:46.400 --> 00:20:50.200 come on and talk about why he feels he can 403 00:20:50.319 --> 00:20:54.279 keep sixty two thousand dollars and do nothing. 404 00:20:54.799 --> 00:20:57.039 Would you want a contractor. 405 00:20:56.559 --> 00:21:02.200 Who takes sixty two thousand dollars and doesn't do a thing. Now, 406 00:21:02.720 --> 00:21:08.640 maybe he couldn't do anything because of circumstances. 407 00:21:09.079 --> 00:21:12.440 Well, if that's the case, what were you gonna say? 408 00:21:12.559 --> 00:21:13.599 Give it back? 409 00:21:14.119 --> 00:21:18.559 That's right, you're supposed to have it in trust for 410 00:21:18.720 --> 00:21:21.920 the job. And as Deputy Bo said, if you have 411 00:21:22.039 --> 00:21:25.960 any expenses, let us know about it, all right. Frank 412 00:21:26.039 --> 00:21:28.880 Duran the real estate man dot com. If you're wondering 413 00:21:28.960 --> 00:21:32.039 what will my house sell for, he can tell you 414 00:21:32.079 --> 00:21:35.880 free of charge complimentary. You know, prices have gone up 415 00:21:35.960 --> 00:21:37.799 just a tiny bit. Demand has gone up, just a 416 00:21:37.839 --> 00:21:41.240 tiny bit, even with small drop in interest rates. Whatever 417 00:21:41.319 --> 00:21:44.880 it is, Frank can determine all the factors and tell 418 00:21:44.920 --> 00:21:48.759 you from experience what your house will sell for. That's 419 00:21:48.839 --> 00:21:58.759 zero three nine to zero sixteen twenty two. Go with 420 00:21:58.839 --> 00:22:02.440 a sure thing Denver's best roofer Excel Roofing dot com. 421 00:22:02.480 --> 00:22:08.200 You don't pay a cent until you're content. Time for 422 00:22:08.240 --> 00:22:11.400 an insurance check up free, no obligation. In comparison, call 423 00:22:11.519 --> 00:22:14.839 Compass Insurance paying too much your coverage at dozens of 424 00:22:14.839 --> 00:22:17.799 insurance companies find out now three all three seven seven 425 00:22:17.839 --> 00:22:20.599 to one help. You'll think you're his only customer when 426 00:22:20.599 --> 00:22:23.079 you choose Frank durand the real estate Man dot com 427 00:22:23.119 --> 00:22:26.200 to list your home with Remax Alliance three all three 428 00:22:26.319 --> 00:22:31.200 nine two zero sixteen twenty two times, Tom Martino, you're 429 00:22:31.279 --> 00:22:35.839 troubleshooter three O three seven one three talks seven one three. 430 00:22:35.759 --> 00:22:37.039 A two five five. 431 00:22:38.000 --> 00:22:43.160 So John, somebody texted me and you know this wasn't 432 00:22:43.799 --> 00:22:46.359 this wasn't planned to have a personal injury day. But 433 00:22:46.640 --> 00:22:49.240 I don't care. People text me and let me give 434 00:22:49.279 --> 00:22:51.839 those numbers out. You can text me, but on this 435 00:22:51.920 --> 00:22:55.519 one before I forget Okay, it's on personal injury. 436 00:22:55.640 --> 00:22:56.839 Somebody wants to know. 437 00:22:58.359 --> 00:23:03.319 If you have insurance and you get or you have 438 00:23:03.440 --> 00:23:07.079 accident insurance or some kind of coverage on your own, 439 00:23:07.640 --> 00:23:11.079 is the other party who's responsible allowed to take that 440 00:23:11.160 --> 00:23:13.640 into consideration to give you less. 441 00:23:14.559 --> 00:23:15.759 Short answer is no. 442 00:23:16.640 --> 00:23:19.759 We call that a collateral source, Tom, And the essence 443 00:23:19.799 --> 00:23:22.680 of it is that if you were if you were 444 00:23:22.720 --> 00:23:25.960 savvy enough to go out and buy insurance company you know, 445 00:23:26.119 --> 00:23:28.799 or buy insurance, you paid for that out of your 446 00:23:28.839 --> 00:23:33.359 own pocket, you know, through your work, through your paycheck. 447 00:23:32.920 --> 00:23:33.680 Those kind of things. 448 00:23:33.880 --> 00:23:36.759 We're not going to let the at fault guy take 449 00:23:36.799 --> 00:23:40.240 advantage of and somehow reduce their liability to you just 450 00:23:40.279 --> 00:23:43.480 because you happen to have coverage that kicks in to 451 00:23:43.559 --> 00:23:45.960 pay some or all of the medical bills. So the 452 00:23:46.000 --> 00:23:48.160 short answer is no, we don't do that. 453 00:23:50.359 --> 00:23:55.279 Okay, So in essence, they have to make you whole. 454 00:23:55.359 --> 00:23:57.119 It doesn't matter what you did on your own. 455 00:23:58.799 --> 00:24:01.240 I mean, yeah, it doesn't. That's what coverage. 456 00:24:01.279 --> 00:24:03.319 That's the gist of it. And that makes sense. 457 00:24:03.440 --> 00:24:06.559 I mean, if you went out and bought you know, again, 458 00:24:06.799 --> 00:24:09.839 you have imagine that you have one basket of damages, 459 00:24:09.920 --> 00:24:11.839 right and all of your medical bills and your wage 460 00:24:11.880 --> 00:24:14.920 loss and everything else is in that basket, and the 461 00:24:15.039 --> 00:24:18.799 at all person is responsible for everything in that basket. 462 00:24:19.240 --> 00:24:22.359 If you happen to take something out of that basket 463 00:24:22.440 --> 00:24:25.000 and pay for it out of your own pocket, you 464 00:24:25.039 --> 00:24:28.440 would feel like you needed to get reimbursed, right, and 465 00:24:28.720 --> 00:24:30.440 that wouldn't shock anybody's conscience. 466 00:24:30.680 --> 00:24:33.039 I paid out of pocket, You have to pay me back. 467 00:24:34.079 --> 00:24:36.720 The same is really true for these other benefits that 468 00:24:36.759 --> 00:24:38.640 you've bought and paid for. You took money out of 469 00:24:38.680 --> 00:24:42.440 your pocket. You paid for that coverage. The coverage kicked 470 00:24:42.480 --> 00:24:44.319 in and did what it did, but that in no 471 00:24:44.440 --> 00:24:49.440 way changes the person who caused the damages responsibility for 472 00:24:49.559 --> 00:24:50.319 paying for it. 473 00:24:50.599 --> 00:24:52.359 And it's been that way, gotty many years. 474 00:24:52.519 --> 00:24:53.599 Got it all right? 475 00:24:53.720 --> 00:25:00.200 So back to this contractor thing. Somebody wants to know why, 476 00:25:00.400 --> 00:25:05.359 What if this woman changed her mind, wouldn't that be 477 00:25:05.680 --> 00:25:07.960 I don't think she changed her mind. We're talking about 478 00:25:08.400 --> 00:25:11.400 this woman contracted for a custom build on her lot 479 00:25:11.799 --> 00:25:16.680 with Patriot Remodeling Services and paid sixty two thousand dollars 480 00:25:16.759 --> 00:25:21.720 down to build a cabin provided by another company that 481 00:25:21.799 --> 00:25:23.319 she and she paid for. 482 00:25:23.400 --> 00:25:23.519 That. 483 00:25:23.720 --> 00:25:28.200 Okay, so she wanted a custom build for a cabin. 484 00:25:28.759 --> 00:25:32.079 Okay, but she bought that. Okay. 485 00:25:32.480 --> 00:25:37.119 Now, even if she put according to the contractor's testag 486 00:25:37.119 --> 00:25:41.480 if she put sixty two thousand dollars down for the 487 00:25:41.599 --> 00:25:46.240 labor and she bought the materials, even if she changed 488 00:25:46.279 --> 00:25:50.079 her mind, that money is supposed to be in trust, 489 00:25:50.200 --> 00:25:55.599 and the only money the contractor can keep is a loss. 490 00:25:57.559 --> 00:26:02.000 What would be a loss? Okay, Let's say he eked 491 00:26:02.000 --> 00:26:06.079 out some time John to do the job and did 492 00:26:06.160 --> 00:26:08.079 not book any other jobs for that time. 493 00:26:08.119 --> 00:26:10.240 Could he claim that as some kind of a loss. 494 00:26:11.519 --> 00:26:14.079 Yeah, I mean theoretically he could. I mean, that's the 495 00:26:14.200 --> 00:26:17.920 essence of a trust account, is accountability. Right, You're gonna 496 00:26:17.920 --> 00:26:21.920 have to detail out every single penny that went in 497 00:26:22.000 --> 00:26:25.000 and every single penny that went out. And I don't 498 00:26:25.079 --> 00:26:28.240 think that there's anything in the contractor's trust account that 499 00:26:28.359 --> 00:26:32.480 allows him to contract out of it applying to his 500 00:26:32.599 --> 00:26:33.960 duty to protect that. 501 00:26:34.039 --> 00:26:36.400 Right now, No, you can't wave your rights like that. 502 00:26:36.519 --> 00:26:40.000 So suggesting that he somehow has a higher power by 503 00:26:40.079 --> 00:26:43.440 virtue of his you know, wonderful drafting of his contract 504 00:26:43.559 --> 00:26:46.680 is just ridiculous. You know, I'd like you to try 505 00:26:46.680 --> 00:26:49.440 that defense in a criminal court. If they try to 506 00:26:49.480 --> 00:26:53.079 prosecute this guy for, you know, for stealing money from 507 00:26:53.079 --> 00:26:54.720 this lady, and that's what it'll come down to. 508 00:26:55.920 --> 00:27:00.720 So Dimitri did some searching on this guy as well, 509 00:27:00.839 --> 00:27:03.119 Deputy d and we found. 510 00:27:04.519 --> 00:27:08.000 Well, let's just let me just ask Jim atriam, what 511 00:27:08.119 --> 00:27:08.440 did you. 512 00:27:08.799 --> 00:27:11.680 Didn't we find some stuff on him, like some licensing 513 00:27:11.720 --> 00:27:13.880 actions and other stuff from previous companies. 514 00:27:14.799 --> 00:27:15.559 No, that wasn't me. 515 00:27:15.680 --> 00:27:17.680 But I did find that he's been operating with three 516 00:27:17.720 --> 00:27:20.799 different companies A and I did find that he's listed 517 00:27:20.839 --> 00:27:24.359 as owner at Innate and they have a Denver phone 518 00:27:24.440 --> 00:27:27.240 number and a Denver address, as well as a Belle View, 519 00:27:27.400 --> 00:27:31.000 Washington phone number and address. And I already texted those 520 00:27:31.079 --> 00:27:33.599 to Deputy Bow a few minutes ago in case. 521 00:27:34.599 --> 00:27:37.519 What about licensing? Do we know anything about their licensing? 522 00:27:38.039 --> 00:27:38.200 Bo? 523 00:27:38.640 --> 00:27:42.359 I remember that Bo gave us an update on licensing 524 00:27:42.480 --> 00:27:45.079 from El Paso County that was yesterday. 525 00:27:45.319 --> 00:27:46.759 He said he was license there. 526 00:27:46.839 --> 00:27:48.839 I think that's what I remember both saying. 527 00:27:49.160 --> 00:27:53.400 So Bo called justin Garcia at Patriot Building and it's 528 00:27:53.440 --> 00:27:58.480 also Patriot Remodeling Services. Listen, it could be anything seven seven, 529 00:27:58.559 --> 00:28:01.799 one zero, four to three seven. And he was pretty 530 00:28:01.839 --> 00:28:05.759 sketchy he said his contract does not fall within the 531 00:28:05.839 --> 00:28:11.279 Contractor's Trust Act. He said that he's has losses from 532 00:28:11.319 --> 00:28:16.000 materials he's purchased, but the license number that he put 533 00:28:16.039 --> 00:28:19.160 on the contract does not ring true with El Paso 534 00:28:19.279 --> 00:28:25.640 County and some other names he's gone by is Innate Architecture, Architecture, 535 00:28:25.759 --> 00:28:32.160 Engineering and Construction, also Patriot Remodeling Services, Patriot Building and 536 00:28:32.759 --> 00:28:36.599 again seven one nine five seven one zero four three seven. 537 00:28:37.039 --> 00:28:39.400 Now he said he's going to go after me. Well, 538 00:28:39.480 --> 00:28:41.799 I'll tell you what, justin, I don't mind if you 539 00:28:41.839 --> 00:28:44.359 come after me. But what I'd rather you do is 540 00:28:44.400 --> 00:28:47.119 you give that money back that's in trust, the money 541 00:28:47.160 --> 00:28:52.160 you didn't spend, the money that you didn't have an expenses, 542 00:28:52.519 --> 00:28:55.599 and I defy you to come up with expenses. Do 543 00:28:55.640 --> 00:28:59.000 you realize it's been a year and a half, right, 544 00:28:59.400 --> 00:29:01.599 it's been a year year and a half. By the way, 545 00:29:01.680 --> 00:29:03.559 give us a call if you have a problems, and 546 00:29:03.880 --> 00:29:04.519 give us a call. 547 00:29:04.599 --> 00:29:05.839 Way before a year and a half. 548 00:29:06.759 --> 00:29:09.440 Okay, she waited, tried to work things out with this 549 00:29:09.480 --> 00:29:10.759 guy and then finally called us. 550 00:29:11.480 --> 00:29:15.319 But Garcia, you're all over our deputies. Off the air. 551 00:29:16.000 --> 00:29:18.559 Flap in your mouth. You said you wanted to go 552 00:29:18.640 --> 00:29:21.720 on the air. Come on the air. I promise you really, 553 00:29:22.440 --> 00:29:24.759 as much as I'm doing this now and giving my 554 00:29:24.839 --> 00:29:27.480 opinion and calling you down, you come on. I'm gonna 555 00:29:27.480 --> 00:29:29.640 treat you with respect and let you tell your story. 556 00:29:29.680 --> 00:29:32.200 I really am, I really am. But I'm gonna have 557 00:29:32.319 --> 00:29:36.400 some questions too. Okay, you're gonna you're not gonna smooth 558 00:29:36.440 --> 00:29:38.759 talk me, bro, but you can come on the air. 559 00:29:39.599 --> 00:29:41.359 Come on, Garcia, come on the air. 560 00:29:42.000 --> 00:29:44.480 Come on the air and tell us why people should 561 00:29:44.519 --> 00:29:47.519 trust you when they give you money that you're going 562 00:29:47.640 --> 00:29:50.759 to do the job or give the money back or 563 00:29:50.839 --> 00:29:53.119 keep it in trust. And I want to know why 564 00:29:53.200 --> 00:29:55.960 you feel you can get around the Contractor's Trust Act. 565 00:29:56.480 --> 00:29:58.680 He's probably meeting with an attorney this morning because he 566 00:29:58.680 --> 00:30:01.200 didn't realize it was going to go this and again, 567 00:30:01.400 --> 00:30:03.000 I want to make sure bo. I want to get 568 00:30:03.039 --> 00:30:05.240 him back up. I want to make sure he contacted 569 00:30:05.240 --> 00:30:10.119 the El Paso County District Attorney. All right, give us 570 00:30:10.119 --> 00:30:12.400 a call three oh three, Martino, you can call anytime. 571 00:30:12.440 --> 00:30:16.160 Three oh three six two seven eight four six six 572 00:30:16.279 --> 00:30:21.279 Denver Regen dot com. Stem cell therapy not only great value, 573 00:30:21.319 --> 00:30:26.079 they're lower than most clinics. They have great products and services, 574 00:30:26.119 --> 00:30:27.079 and I went to them. 575 00:30:27.119 --> 00:30:28.319 I've had friends go to them. 576 00:30:28.480 --> 00:30:31.400 They also do hair restoration and they can do a 577 00:30:31.440 --> 00:30:34.160 weight loss of drugs at pennies on the dollar compared 578 00:30:34.200 --> 00:30:44.839 to the market. Denverregion dot com go with a sure 579 00:30:44.960 --> 00:30:48.400 thing Denver's best roofer Excel Roofing dot com. You don't 580 00:30:48.400 --> 00:30:54.440 pay a cent until you're content. Time for an insurance 581 00:30:54.519 --> 00:30:58.240 check up free, no obligation. In comparison, call Compass Insurance 582 00:30:58.359 --> 00:31:01.400 paying too much your coverage at dozens of insurance companies 583 00:31:01.480 --> 00:31:04.079 find out now three all three seven seven to one help. 584 00:31:04.240 --> 00:31:06.880 You'll think you're his only customer when you choose Frank 585 00:31:06.960 --> 00:31:09.400 durand the real estate Man dot com to list your 586 00:31:09.440 --> 00:31:12.599 home with Remax Alliance three all three nine two zero 587 00:31:12.680 --> 00:31:20.480 sixteen twenty two. Hi Tom Martino here three three seven 588 00:31:20.759 --> 00:31:24.440 one three talks seven one three eight two five five. 589 00:31:26.160 --> 00:31:32.680 We UH have a lot of uh information that I 590 00:31:32.720 --> 00:31:36.279 want to share with you on consumer stuff. 591 00:31:36.279 --> 00:31:39.599 Okay, it has to do with medical stuff. 592 00:31:41.440 --> 00:31:41.640 Now. 593 00:31:41.720 --> 00:31:46.960 John deals with mostly acute medicine, meaning people are in 594 00:31:47.039 --> 00:31:53.240 trouble and they get emergency help. Oddly enough in America, 595 00:31:53.359 --> 00:31:55.480 Not oddly enough in America we have some of the 596 00:31:55.480 --> 00:32:00.400 best acute medical teams in the world for keeping people alive, 597 00:32:01.319 --> 00:32:06.400 resurrecting them from near death and or reviving them and 598 00:32:06.559 --> 00:32:11.079 just getting them back to life. That's emergency medical, but 599 00:32:11.200 --> 00:32:19.319 regular medicine. It's interesting we rank the worst when it 600 00:32:19.440 --> 00:32:20.000 comes to. 601 00:32:22.200 --> 00:32:24.559 Developed industrialized nations. 602 00:32:24.599 --> 00:32:30.240 We're the worst, and yet we're one in acute medicine. 603 00:32:31.319 --> 00:32:36.599 The high income countries and that have the worst healthcare. 604 00:32:37.279 --> 00:32:39.640 We're not the worst. Worst. Well, yeah, we are the worst, worst, 605 00:32:40.039 --> 00:32:42.559 but we're we're in a in a group of. 606 00:32:44.440 --> 00:32:48.440 The country Sweden, believe it or not, bad, Canada bad, 607 00:32:48.720 --> 00:32:53.480 Switzerland bad, Germany bad, US bad. 608 00:32:54.160 --> 00:32:55.119 The US is the worst. 609 00:32:55.279 --> 00:32:59.839 So the bottom five Sweden, Canada, Switzerland, Germany, US. Now 610 00:32:59.880 --> 00:33:04.279 the are developed high income countries. Obviously there are countries 611 00:33:04.279 --> 00:33:07.119 in Africa and around that that have worse healthcare. Okay, 612 00:33:08.559 --> 00:33:15.079 so the best healthcare in the world for high income 613 00:33:15.240 --> 00:33:21.559 countries Australia. That, followed by the Netherlands, followed by the UK, 614 00:33:22.039 --> 00:33:23.680 New Zealand and France. 615 00:33:26.160 --> 00:33:28.640 I can't I was trying to find a correlation here. 616 00:33:28.839 --> 00:33:33.720 Now, Sweden, Canada, and Switzerland have socialized medicine, right, I'm 617 00:33:33.759 --> 00:33:36.720 not sure if Germany does on the low bad countries, 618 00:33:37.079 --> 00:33:39.119 but then we don't have socialized medicines. 619 00:33:39.200 --> 00:33:41.039 We are at the bottom. 620 00:33:41.319 --> 00:33:45.000 As far as as far as access to healthcare. The 621 00:33:45.160 --> 00:33:48.960 Netherlands have the best, the US has the worst access. 622 00:33:49.240 --> 00:33:51.319 And I always thought it was good access that anyone 623 00:33:51.359 --> 00:33:53.440 could go and get treated, but that's not what they're saying. 624 00:33:53.440 --> 00:33:55.279 By the way, we have more coming up on the 625 00:33:55.319 --> 00:33:58.119 Troubleshooter Show three h three, seven to one to three 626 00:33:58.160 --> 00:34:00.200 talks seven one, three, eight two five. 627 00:34:00.240 --> 00:34:01.160 Stick around for more. 628 00:34:01.400 --> 00:34:04.039 We're gonna try to get Justin Garcia on, but we 629 00:34:04.079 --> 00:34:06.759 are taking your calls three oh three seven one three 630 00:34:06.839 --> 00:34:09.400 Talks seven one three eight two five five or three 631 00:34:09.400 --> 00:34:14.119 oh three Martino. Go with a sure thing Denver's best 632 00:34:14.199 --> 00:34:16.159 roofer Excel Roofing dot com. 633 00:34:16.199 --> 00:34:18.199 You don't pay a cent until you're content. 634 00:34:19.800 --> 00:34:24.039 Please time for an insurance check up free, no obligation 635 00:34:24.159 --> 00:34:28.039 comparison call Compass Insurance paying too much your coverage at 636 00:34:28.079 --> 00:34:30.840 dozens of insurance companies find out now three oh three, 637 00:34:30.960 --> 00:34:33.559 seven seven to one help. You'll think you're his only 638 00:34:33.679 --> 00:34:36.119 customer when you choose Frank durand the Real estate Man 639 00:34:36.159 --> 00:34:39.639 dot com to list your home with Remax alliance three 640 00:34:39.639 --> 00:34:49.559 oh three nine two zero sixteen twenty two, ripped of you. 641 00:34:51.920 --> 00:34:52.559 You don't have. 642 00:34:54.760 --> 00:34:57.159 Come runing just as fast as we can. 643 00:34:58.440 --> 00:35:01.119 Shoot 's gonna help man. 644 00:35:01.880 --> 00:35:04.079 This is the Troubleshooter Show. 645 00:35:04.719 --> 00:35:10.639 No Tom Martino, Hi, Tom Martino here three zero three 646 00:35:10.840 --> 00:35:14.880 seven one three talk three oh three seven one three eight. 647 00:35:14.760 --> 00:35:15.840 Two five five. 648 00:35:16.760 --> 00:35:19.320 So we are here to help you, and we do 649 00:35:19.440 --> 00:35:25.400 it every single day. Solve problems, answer questions, take complaints, 650 00:35:25.400 --> 00:35:29.199 and make your life just a little easier. And we 651 00:35:29.360 --> 00:35:33.480 have this ongoing case that we've been talking about that 652 00:35:33.599 --> 00:35:36.760 we'll get to. Deputy Bow has been in touch with 653 00:35:36.800 --> 00:35:40.119 the El Paso County District's Attorney's office and we'll be 654 00:35:40.159 --> 00:35:43.400 talking to the investigator there about violations of a Contractors 655 00:35:43.480 --> 00:35:46.559 Trust Act. Right now, Richard is on the phone and 656 00:35:46.679 --> 00:35:51.079 wants to talk about a quit claim deed, which a 657 00:35:51.119 --> 00:35:54.000 lot of people call quick as in fast. It's actually 658 00:35:54.119 --> 00:35:56.800 quit as in I quit my claim and give it 659 00:35:56.840 --> 00:35:57.159 to you. 660 00:35:57.800 --> 00:36:01.000 What's going on, Richard, Well. 661 00:36:00.920 --> 00:36:03.639 It's all first statement call I had my dad did this, 662 00:36:03.960 --> 00:36:06.960 he quit claimed it to me at the beginning of August. 663 00:36:07.320 --> 00:36:10.280 And last regards listening to your show, you said there 664 00:36:10.280 --> 00:36:11.679 are some people think they can do it a certain 665 00:36:11.719 --> 00:36:13.159 way and it ends up being the wrong way. 666 00:36:13.719 --> 00:36:17.559 Well, it depends on what. It depends on. How why 667 00:36:17.599 --> 00:36:20.079 did he quit claim it to you? 668 00:36:21.880 --> 00:36:24.480 Well, okay, my sister lives there and stood there for 669 00:36:24.519 --> 00:36:26.440 ten years and she's just not capable of taking care 670 00:36:26.480 --> 00:36:29.360 of the place and so, and he's getting up there 671 00:36:29.400 --> 00:36:29.840 in years. 672 00:36:29.920 --> 00:36:32.000 So I guess he just thought that was probably the 673 00:36:32.000 --> 00:36:32.480 best and do. 674 00:36:33.519 --> 00:36:35.760 But why, what was the what was Richard? 675 00:36:35.880 --> 00:36:39.079 What was the point he wanted to leave the house 676 00:36:39.079 --> 00:36:41.440 to you when he dies. If he wanted to do that, 677 00:36:41.559 --> 00:36:44.519 he should do a beneficiaries deed. If he did a 678 00:36:44.599 --> 00:36:47.760 quit claim deed when he's alive, that's a legal way 679 00:36:47.800 --> 00:36:48.800 to do it as well. 680 00:36:49.239 --> 00:36:50.679 Does he owe money on the house? 681 00:36:52.119 --> 00:36:55.880 No, okay, so a quit claim deed would be strong, 682 00:36:56.159 --> 00:36:57.760 but it's not wise. 683 00:37:01.239 --> 00:37:06.639 He accomplished what he wanted. The house is now yours, okay, 684 00:37:07.199 --> 00:37:11.159 But he screwed you. Here's why. 685 00:37:11.239 --> 00:37:11.719 How is that? 686 00:37:12.239 --> 00:37:17.079 Here's why if it was a beneficiary deed or left 687 00:37:17.119 --> 00:37:21.519 in a will or left in a trust, meaning all 688 00:37:21.559 --> 00:37:25.199 three of those ways, all three of them happen at death, 689 00:37:26.239 --> 00:37:32.320 the trust, the will, and the beneficiary deed. The beneficiary 690 00:37:32.360 --> 00:37:34.480 deed is him on the deed with you taken over. 691 00:37:34.599 --> 00:37:39.280 So all three of those happen at death. At death 692 00:37:39.440 --> 00:37:43.760 the day of death, the house has a day of 693 00:37:44.159 --> 00:37:53.719 death value. That value is presumably market value. If you 694 00:37:53.800 --> 00:37:59.000 want to sell the house then or shortly after, you 695 00:37:59.119 --> 00:38:04.559 will have hardly any capital gains taxes to pay because 696 00:38:05.000 --> 00:38:07.159 you're not going to make that much of a profit. 697 00:38:07.880 --> 00:38:10.880 If he leaves the house to you on the day 698 00:38:10.920 --> 00:38:13.719 of his death. Let's say it's worth five hundred thousand 699 00:38:14.480 --> 00:38:17.559 and you sell it for five hundred, there's no capital gains. 700 00:38:17.760 --> 00:38:20.119 If you sell it for six hundred, you have one 701 00:38:20.159 --> 00:38:23.840 hundred thousand dollars in capital gains. Okay, Now, what he 702 00:38:23.960 --> 00:38:29.960 did by quit claiming it to you, you inherited his 703 00:38:30.679 --> 00:38:35.239 basis for the property, his value at the time he 704 00:38:35.320 --> 00:38:35.719 bought it. 705 00:38:36.000 --> 00:38:37.119 How long has he been there? 706 00:38:41.440 --> 00:38:44.599 What I would guess he'd probably owned it for ten 707 00:38:44.719 --> 00:38:46.960 years to it was a will to my grammar to him. 708 00:38:47.440 --> 00:38:49.239 What did he buy it for or what is his 709 00:38:49.280 --> 00:38:53.360 basis when it was willed to him? 710 00:38:54.199 --> 00:38:55.280 Honest time, I don't know. 711 00:38:55.559 --> 00:38:58.079 Well, let's take a guess what's it worth now? 712 00:38:59.440 --> 00:38:59.800 Right now? 713 00:39:00.000 --> 00:39:02.679 According to the City and County stuff, it says four 714 00:39:02.760 --> 00:39:03.800 hundred and thirty three thousand. 715 00:39:03.920 --> 00:39:06.960 Yeah, you can't go by that. You don't go by 716 00:39:07.000 --> 00:39:07.920 the tax assessment. 717 00:39:08.239 --> 00:39:11.440 Okay, so it's probably more like five point fifty or six. 718 00:39:12.760 --> 00:39:17.960 But let's say, just for argument's sake, it's five hundred. Okay, 719 00:39:18.800 --> 00:39:22.440 what do you think, just roughly, what do you think 720 00:39:22.480 --> 00:39:31.639 he bought it for? Well, just doesn't go ahead, just 721 00:39:31.679 --> 00:39:32.159 as an. 722 00:39:32.000 --> 00:39:35.280 Exam it was it was will to him from my grandmother. 723 00:39:35.599 --> 00:39:39.599 I understand that the day that she died. What do 724 00:39:39.679 --> 00:39:43.679 you think the house was worth? That is your dad's 725 00:39:43.760 --> 00:39:48.360 base iss, Let's say for argument's sake, it was two. 726 00:39:48.360 --> 00:39:50.719 Hundred two fifty. 727 00:39:50.920 --> 00:39:56.039 Let's say two fifty okay, okay, now that is now 728 00:39:56.119 --> 00:39:59.679 your basis when he quit claimed it to you two fifty, not. 729 00:40:00.039 --> 00:40:04.280 Day of death. Out Now, that means if you sell. 730 00:40:04.039 --> 00:40:08.679 It for five hundred, you're going to pay tax on 731 00:40:08.719 --> 00:40:11.960 two hundred and fifty thousand dollars, whereas you would not 732 00:40:12.039 --> 00:40:14.880 have paid that tax if you got it on the 733 00:40:14.960 --> 00:40:15.679 day of death. 734 00:40:16.280 --> 00:40:17.239 Do you see the difference? 735 00:40:17.320 --> 00:40:19.840 Oh my god, yes, it's horrible. 736 00:40:19.920 --> 00:40:24.320 Yeah, so he cost you right now if the Democrats 737 00:40:24.320 --> 00:40:26.079 have their will to be more, but right now it's 738 00:40:26.199 --> 00:40:30.639 twenty percent fifteen federal and five percent state. So you 739 00:40:30.800 --> 00:40:34.199 are going to pay twenty percent on that. So if 740 00:40:34.239 --> 00:40:37.480 you make whatever you make, take twenty percent off of 741 00:40:37.519 --> 00:40:40.079 it on that house, and you don't get to count 742 00:40:40.440 --> 00:40:42.840 the basis on the day of death. You have to 743 00:40:42.880 --> 00:40:45.239 go back. So you need to find out what that 744 00:40:45.320 --> 00:40:48.800 house was worth. You literally need to check the records 745 00:40:48.840 --> 00:40:51.760 and go back to the day he inherited it. That's 746 00:40:51.840 --> 00:40:55.039 his basis and that's your basis now. And I don't 747 00:40:55.039 --> 00:40:57.119 think there's any way to undo it. I think he 748 00:40:57.239 --> 00:40:59.719 just screwed your But you know, so many people do this. 749 00:41:00.079 --> 00:41:02.880 Oh so the government loves it because they get a 750 00:41:02.920 --> 00:41:05.639 lot of tax from people who don't know the law. 751 00:41:05.960 --> 00:41:10.760 They get a lot of tax. So so if. 752 00:41:10.599 --> 00:41:13.639 You if you make too fifty on this house, you're 753 00:41:13.679 --> 00:41:17.360 looking at a tax of fifty thousand dollars. 754 00:41:19.880 --> 00:41:22.440 Jeez, I was afraid when he said last week this 755 00:41:22.480 --> 00:41:23.079 is gonna happen. 756 00:41:23.639 --> 00:41:25.960 When did he quit claim it? When did he quit 757 00:41:26.039 --> 00:41:28.559 claim it first of August? 758 00:41:29.559 --> 00:41:30.800 Why? 759 00:41:30.880 --> 00:41:32.679 I mean he thought he was doing the right thing. 760 00:41:34.639 --> 00:41:37.480 Yeah, yeah, all. 761 00:41:37.440 --> 00:41:41.119 Right, that's too bad. You know what I do want 762 00:41:41.159 --> 00:41:41.440 to talk? 763 00:41:41.519 --> 00:41:46.159 Can we did you say, Kachina that mackenzie's not available 764 00:41:46.199 --> 00:41:49.719 this week? Did you tell me he was not available 765 00:41:49.719 --> 00:41:51.559 this week? Dan McKenzie, you are correct? 766 00:41:53.519 --> 00:41:53.920 Okay? 767 00:41:54.239 --> 00:41:56.480 Is Kiling Park available? I want to see we can 768 00:41:56.559 --> 00:41:59.440 undo this is Kiling Park Triday, damn it. 769 00:42:01.559 --> 00:42:03.559 I have two experts and they're both. 770 00:42:04.840 --> 00:42:08.400 Gone for the for the week. I want to know 771 00:42:08.400 --> 00:42:11.400 if we can undo it. Who else can we ask? 772 00:42:12.000 --> 00:42:14.840 Maybe David Salisbury he retired. 773 00:42:15.000 --> 00:42:17.760 I don't know if he I don't know what Tom, 774 00:42:18.000 --> 00:42:19.119 but he still knows stuff. 775 00:42:19.920 --> 00:42:23.000 Dan McKenzie's in quart or what is he on an issue? 776 00:42:23.239 --> 00:42:25.519 By the way, Not sure Tom? 777 00:42:25.559 --> 00:42:27.760 What if he quit claims it back to his dad? 778 00:42:28.039 --> 00:42:29.440 Wouldn't that just undo the deal? 779 00:42:29.880 --> 00:42:30.800 That hold on? Now? 780 00:42:31.360 --> 00:42:34.480 That's what I was thinking, except now his dad I 781 00:42:34.519 --> 00:42:36.039 think gets a new basis too. 782 00:42:36.199 --> 00:42:36.400 I have. 783 00:42:38.039 --> 00:42:43.599 Yet good point, John, Yes, oh man. 784 00:42:44.360 --> 00:42:47.519 I wonder who would know? God, this is a really 785 00:42:47.559 --> 00:42:51.119 important question. We might have you back tomorrow to talk 786 00:42:51.159 --> 00:42:53.880 to Kiel and Park. 787 00:42:54.599 --> 00:42:57.559 They're going to be available tomorrow. Let's hope we can 788 00:42:57.639 --> 00:42:58.039 undo it. 789 00:42:58.119 --> 00:43:00.920 I don't think you can because I I think once 790 00:43:00.960 --> 00:43:05.159 it's recorded now it's a whole new ballgame. Now when 791 00:43:05.159 --> 00:43:07.519 it goes back to him. I don't think that Man, 792 00:43:07.599 --> 00:43:10.920 gets his old basis back, which might be better. Actually, 793 00:43:11.519 --> 00:43:14.079 well no, no, no, wait wait wait wait wait if 794 00:43:14.079 --> 00:43:17.199 he inherits his dad's basis, and then the guy who 795 00:43:17.440 --> 00:43:21.840 gets a quick claim inherits maybe wait, I don't know, doc, 796 00:43:21.960 --> 00:43:26.360 maybe maybe let's just wait and see. We're gonna try 797 00:43:26.360 --> 00:43:28.719 to find an expert today. We can't get one of them. 798 00:43:28.960 --> 00:43:31.280 We'll get you on tomorrow. Okay, Richard. 799 00:43:32.440 --> 00:43:33.400 Was great, thank you. 800 00:43:33.960 --> 00:43:36.719 Yeah, and listen, people, how many times do I have 801 00:43:36.760 --> 00:43:42.400 to say this, don't try to do a state. 802 00:43:42.159 --> 00:43:48.320 Planning on your own. You're screwing yourself. Just don't do 803 00:43:48.440 --> 00:43:49.360 it on your own. 804 00:43:49.440 --> 00:43:53.920 Okay, you know these quick claim deeds, they're so stupid. 805 00:43:54.639 --> 00:44:02.199 Here's another stupid thing. When you have these people limiting 806 00:44:02.280 --> 00:44:05.559 the gifts they're giving to their grandkids and to their 807 00:44:06.679 --> 00:44:10.320 their kids and their nieces and nephews for college and 808 00:44:10.360 --> 00:44:15.119 all that, they're limiting it to that sixteen thousand dollars limit. 809 00:44:15.320 --> 00:44:18.559 There is no limit. Okay, there is no limit. Oh, 810 00:44:18.639 --> 00:44:19.159 I can. 811 00:44:19.000 --> 00:44:23.760 Only gift sixteen thousand dollars to my people per year. 812 00:44:24.599 --> 00:44:28.760 No that's not true, not true. 813 00:44:28.960 --> 00:44:31.719 You don't pay tax. If you pay more, you can 814 00:44:31.800 --> 00:44:34.159 give you right now. 815 00:44:34.159 --> 00:44:35.280 I'm just going to tell you right now, the way 816 00:44:35.320 --> 00:44:35.800 the law. 817 00:44:35.639 --> 00:44:39.760 Is, you can give one million dollars of your money 818 00:44:39.800 --> 00:44:44.239 as a gift to anyone and they don't pay tax 819 00:44:44.280 --> 00:44:48.920 on it. Right now this year, one million dollars, no 820 00:44:49.280 --> 00:44:54.320 gift tax. Do you understand that. Here's what the law 821 00:44:54.440 --> 00:44:59.199 says when it goes over. Please remember this because I 822 00:44:59.280 --> 00:45:03.880 have gotten a attorneys who don't even know this. Every 823 00:45:03.960 --> 00:45:06.960 dime over the sixteenth ho or whatever the limit is, 824 00:45:07.000 --> 00:45:13.519 I think it's sixteen. Everything over the annual limit goes 825 00:45:13.639 --> 00:45:22.599 against your lifetime exemption. Right now, we have a lifetime 826 00:45:22.800 --> 00:45:31.079 exemption individually of about fifteen or sixteen million dollars, which 827 00:45:31.119 --> 00:45:34.960 means we can give away up to fifteen or sixteen 828 00:45:35.039 --> 00:45:44.360 million dollars in our lifetime without any estate tax. Now, 829 00:45:45.000 --> 00:45:50.960 if you give sixteen or below, it doesn't count against 830 00:45:51.239 --> 00:45:58.519 that lifetime limit. If you give more than sixteen, the 831 00:45:58.599 --> 00:46:04.079 amount above the sixteen only that amount goes against your 832 00:46:04.239 --> 00:46:09.599 lifetime exemption of the sixteen million, which is thirty two 833 00:46:09.639 --> 00:46:10.960 million for couples. 834 00:46:11.360 --> 00:46:13.599 I might have it off a few million, but basically 835 00:46:13.920 --> 00:46:17.920 the concept is true. You don't have to. 836 00:46:18.079 --> 00:46:23.159 Limit your gifts unless you're bezos or elon muskers or 837 00:46:23.639 --> 00:46:29.199 actually anybody that will leave more than sixteen million behind. Okay, 838 00:46:28.960 --> 00:46:32.800 so don't go through all these conniptions. I had a 839 00:46:32.840 --> 00:46:36.760 guy worth a bucket of nails who said, oh my god, 840 00:46:36.880 --> 00:46:37.599 my mom. 841 00:46:37.440 --> 00:46:39.320 Gave me more than fourteen grand. 842 00:46:39.360 --> 00:46:41.039 I don't know what to do because at the time 843 00:46:41.079 --> 00:46:43.880 the limit was fourteen grand. He's thinking he's got all 844 00:46:43.880 --> 00:46:49.400 these taxes do so that's it. Don't try to do 845 00:46:49.519 --> 00:46:51.159 a state planning on your own. 846 00:46:51.199 --> 00:46:51.559 Okay. 847 00:46:51.760 --> 00:46:54.559 That's why we have people like Killing Park and Dan mackenzie. 848 00:46:54.559 --> 00:46:57.960 In fact, let me give out mackenzie's number, because I 849 00:46:57.960 --> 00:47:00.000 was supposed to do a spot form anyway. Dan McKenzie 850 00:47:00.119 --> 00:47:03.880 McKenzie Law eight three three COO plans eight three three 851 00:47:04.079 --> 00:47:07.199 co plans. He's live and local, but that's just an 852 00:47:07.199 --> 00:47:09.199 easy name to number to remember. 853 00:47:09.239 --> 00:47:17.280 Eight three three co plans. 854 00:47:18.800 --> 00:47:22.039 Go with a sure thing Denver's Best roofer Excel roofing 855 00:47:22.159 --> 00:47:22.760 dot com. 856 00:47:22.800 --> 00:47:24.800 You don't pay a cent until you're content. 857 00:47:28.199 --> 00:47:31.360 Time for an insurance check up, free no obligation comparison 858 00:47:31.519 --> 00:47:35.079 call Compass Insurance paying too much your coverage at dozens 859 00:47:35.079 --> 00:47:37.800 of insurance companies find out now three oh three seven 860 00:47:37.920 --> 00:47:40.719 seven to one. Help You'll think you're his only customer 861 00:47:40.760 --> 00:47:43.000 when you choose Frank durand the real estate man dot 862 00:47:43.039 --> 00:47:46.320 Com to list your home with Remax Alliance three oh 863 00:47:46.400 --> 00:47:51.519 three nine two zero sixteen twenty two. Hi Tom Martino, 864 00:47:52.000 --> 00:47:57.199 your trouble shooter three O three seven one three talks 865 00:47:57.199 --> 00:48:00.840 seven one three eight two five five. All right, So 866 00:48:01.960 --> 00:48:05.440 Brian has a question about real estate taxes. 867 00:48:05.480 --> 00:48:06.920 Hello, Brian, what's going on? 868 00:48:07.000 --> 00:48:07.239 Man? 869 00:48:08.519 --> 00:48:09.320 All right? Tom? 870 00:48:09.400 --> 00:48:10.880 Thanks for talking, sir. 871 00:48:11.039 --> 00:48:15.000 Yeah, so I've got I heard you talking about taxes 872 00:48:15.000 --> 00:48:17.960 and real estate. So if ye about my specific scenario. 873 00:48:18.519 --> 00:48:21.719 I bought a new house, moved into it, and been 874 00:48:21.800 --> 00:48:26.239 waiting to sell my current house. I'm carrying two mortgages whatever. 875 00:48:26.280 --> 00:48:30.320 I always do things the hard way. We I'm just 876 00:48:30.320 --> 00:48:34.039 trying to understand what is my capital gain gonna look like, 877 00:48:34.519 --> 00:48:38.159 uh my burden when when I actually do it to 878 00:48:38.239 --> 00:48:38.920 the closing table. 879 00:48:39.519 --> 00:48:42.960 Okay, Now you have a primary residence that you're going 880 00:48:43.039 --> 00:48:43.480 to sell. 881 00:48:43.559 --> 00:48:44.679 Is that correct? 882 00:48:45.679 --> 00:48:45.880 Yeah? 883 00:48:46.440 --> 00:48:49.440 Okay, let's talk about your primary residence. A lot of 884 00:48:49.480 --> 00:48:53.760 people think capital gains are contingent upon whether you bought 885 00:48:53.800 --> 00:48:57.519 another house or not. It's not anymore capital gains. I'm 886 00:48:57.519 --> 00:49:02.079 going to simplify it. Capital gains were this way, you 887 00:49:02.159 --> 00:49:07.559 pay capital gains on whatever you make on your private 888 00:49:07.679 --> 00:49:14.199 residence above the exemption for private residences. Okay, now, it's 889 00:49:14.239 --> 00:49:18.400 that simple. So it doesn't matter if you buy another house, 890 00:49:18.480 --> 00:49:20.800 or if you buy a yacht or don't buy anything 891 00:49:20.840 --> 00:49:22.000 and just piss the money away. 892 00:49:22.039 --> 00:49:22.800 It doesn't matter. 893 00:49:23.360 --> 00:49:26.039 It used to be when you bought a house more expensive, 894 00:49:26.079 --> 00:49:29.880 you deferred the gain. That does not apply to residential properties. 895 00:49:30.000 --> 00:49:34.920 Right now, it's very simple. A single taxpayer is given 896 00:49:35.039 --> 00:49:40.079 an exemption. They can make a profit of two hundred 897 00:49:40.119 --> 00:49:44.960 and fifty thousand dollars and not pay a dime of tax. 898 00:49:45.840 --> 00:49:48.280 Now, if you own it with. 899 00:49:48.519 --> 00:49:52.480 Your spouse, you each get two fifty for a combined 900 00:49:52.559 --> 00:49:55.639 total of five hundred thousand dollars exemption. 901 00:49:55.880 --> 00:49:59.079 Okay, okay, well that's real simple. 902 00:49:59.199 --> 00:50:01.559 I'm in the clear, yes now. 903 00:50:01.760 --> 00:50:06.159 But let's just say you, how do you figure your basis? 904 00:50:06.360 --> 00:50:08.880 A lot of people figure what they paid for the house. 905 00:50:09.360 --> 00:50:10.880 But if you put. 906 00:50:10.679 --> 00:50:15.239 Carpeting in the house or any permanent improvement that's not 907 00:50:15.400 --> 00:50:18.920 window coverings unless they're built in shutters and stuff. But 908 00:50:19.000 --> 00:50:23.320 if they are regular, if they are permanent improvements to 909 00:50:23.360 --> 00:50:32.400 the house, like landscaping, carpeting, painting, new furnace, new water heater, 910 00:50:32.880 --> 00:50:36.440 any of that can be added to the purchase price 911 00:50:36.519 --> 00:50:40.119 to give you your new basis. So you're allowed to count 912 00:50:40.159 --> 00:50:43.519 everything you spent on that house for permanent improvements to 913 00:50:43.599 --> 00:50:46.920 get your basis as high as possible. Once you get 914 00:50:46.920 --> 00:50:50.440 your basis, once you get your bases legally to as 915 00:50:50.480 --> 00:50:54.639 high as possible, then you can also subtract or add 916 00:50:54.679 --> 00:50:58.360 to it any selling expenses, commissions and everything. So the 917 00:50:58.440 --> 00:51:01.360 only thing they look at is pure profit. So if 918 00:51:01.400 --> 00:51:04.400 you have a pure profit under two point fifty, as 919 00:51:04.440 --> 00:51:09.199 a single taxpayer, you're not going to pay any capital gains. 920 00:51:09.320 --> 00:51:12.119 Do you own it with your wife or alone? 921 00:51:12.440 --> 00:51:14.159 So it's in my name only? 922 00:51:14.480 --> 00:51:18.440 Okay, well I think we're It doesn't matter. It doesn't 923 00:51:18.440 --> 00:51:20.679 matter if it's just in your name. If you both 924 00:51:20.800 --> 00:51:23.039 have is it both your primary residence? 925 00:51:24.079 --> 00:51:25.760 Yeah? Yeah, so it's both of them. 926 00:51:25.920 --> 00:51:28.800 Yeah yeah, So anyway, you would talk to an accountant 927 00:51:28.800 --> 00:51:31.119 about that. I believe that you're not going to worry 928 00:51:31.119 --> 00:51:33.159 about it though, And and do you are? Do you 929 00:51:33.199 --> 00:51:37.400 have any nibbles on the house? Again, do you have 930 00:51:37.440 --> 00:51:38.119 any nibbles? 931 00:51:38.119 --> 00:51:40.639 I mean anybody selling the house? I mean, what's going on. 932 00:51:40.719 --> 00:51:44.000 Actually we okay, so the day after it was announced 933 00:51:44.000 --> 00:51:45.960 they're dropping the rate, we went we got. 934 00:51:45.760 --> 00:51:49.400 An offer and went under contractor oh that's great stuff. 935 00:51:49.679 --> 00:51:50.400 We're wiping way. 936 00:51:50.480 --> 00:51:52.840 So that brings up another question. Do I get since 937 00:51:52.840 --> 00:51:57.039 you said expenditures of of of perch or of selling, 938 00:51:57.280 --> 00:51:59.920 does that include the fact that I'm paying too more? 939 00:52:00.039 --> 00:52:00.840 Do I get to wipe that? 940 00:52:00.920 --> 00:52:01.239 Second? 941 00:52:01.239 --> 00:52:03.599 Mor Well, what does that mean? 942 00:52:03.960 --> 00:52:07.159 Well, the mortgage, the mortgage has nothing to do with it. 943 00:52:09.320 --> 00:52:13.639 In other words, it's the profit you make obviously if 944 00:52:13.679 --> 00:52:17.159 that if you refinanced, and it's sometimes the mortgage counts 945 00:52:17.159 --> 00:52:19.320 some of that, doesn't. All you look at is what 946 00:52:19.360 --> 00:52:22.039 you bought the house for and what you added to 947 00:52:22.079 --> 00:52:25.719 it in improvements. That's all that matters. 948 00:52:25.360 --> 00:52:28.440 Okay, okay, Yeah, and then that will count, does not? 949 00:52:30.119 --> 00:52:30.440 What's that? 950 00:52:30.719 --> 00:52:30.960 Okay? 951 00:52:31.760 --> 00:52:33.920 Yeah, the cost of selling that you mentioned, that doesn't 952 00:52:33.920 --> 00:52:36.679 include the four months of paying on two more? 953 00:52:36.719 --> 00:52:39.519 No, no, no, no, no, it does it does count. 954 00:52:39.599 --> 00:52:42.840 It does count. The what you call it does count. 955 00:52:42.840 --> 00:52:45.000 The commissions you pay will count. 956 00:52:45.039 --> 00:52:48.920 However, Hey, Tom, does landscaping count or is it only 957 00:52:49.000 --> 00:52:49.880 the physical house? 958 00:52:50.440 --> 00:52:53.800 Landscaping would if it's part of the property, permanent property 959 00:52:53.840 --> 00:52:55.760 if you did a patio, if you did a tree, 960 00:52:55.800 --> 00:52:58.840 if you did it's all goes to that property. 961 00:53:00.559 --> 00:53:02.599 All right, man, we're gonna do fine. 962 00:53:02.599 --> 00:53:05.840 Thank you, Mark, Thank it. I think it's great. I 963 00:53:05.880 --> 00:53:08.320 think you're going to sell now, especially with it. Oh 964 00:53:08.400 --> 00:53:11.280 you just said you did, you have a contract, So 965 00:53:11.320 --> 00:53:12.960 I wish you the best. Three oh three seven one 966 00:53:13.039 --> 00:53:14.960 three eight two five five. 967 00:53:15.360 --> 00:53:17.679 So what is your question? What is your complaint? What 968 00:53:17.840 --> 00:53:18.360 is your need? 969 00:53:18.400 --> 00:53:20.599 We want to help you all at three O three 970 00:53:20.800 --> 00:53:23.440 seven one three talk seven one three eight two five five. 971 00:53:23.719 --> 00:53:27.360 Excel roofing dot com as an excellent e x C 972 00:53:27.679 --> 00:53:32.159 E L. They do repairs, complete replacements, and they don't 973 00:53:32.239 --> 00:53:37.159 take a cent until you're content. And they are the greatest, 974 00:53:37.440 --> 00:53:40.320 I'm telling you, one of the greatest companies around the 975 00:53:40.360 --> 00:53:43.119 way they run a company. We don't get any complaints. 976 00:53:43.199 --> 00:53:52.840 Three oh three seven six one sixty four hundred go 977 00:53:52.960 --> 00:53:56.679 with a sure thing Denver's best roofer excel roofing dot com. 978 00:53:56.719 --> 00:53:58.719 You don't pay a cent until you're content. 979 00:54:00.320 --> 00:54:04.599 Wait time for an insurance check up free no obligation 980 00:54:04.719 --> 00:54:08.599 comparison call compass insurance paying too much your coverage at 981 00:54:08.639 --> 00:54:11.400 dozens of insurance companies find out now three all three 982 00:54:11.519 --> 00:54:14.119 seven seven to one. Help you'll think you're his only 983 00:54:14.199 --> 00:54:16.679 customer when you choose Frank durand the real estate man 984 00:54:16.719 --> 00:54:20.119 dot com to list your home with Remax Alliance three 985 00:54:20.199 --> 00:54:26.320 all three nine two zero sixteen twenty two. Hi Tom 986 00:54:26.320 --> 00:54:31.159 Martino here three O three seven to one three talk 987 00:54:32.039 --> 00:54:35.239 three all three seven one three eight two five five. 988 00:54:35.760 --> 00:54:41.440 What's going on? Let's talk? So I have Let me 989 00:54:41.519 --> 00:54:43.239 just get this one here. Okay. 990 00:54:43.480 --> 00:54:46.000 I had another question because we were talking about this 991 00:54:46.159 --> 00:54:50.480 capital gains. Somebody wanted to know about commercial property. Does 992 00:54:50.519 --> 00:54:51.400 the exemption apply? 993 00:54:51.480 --> 00:54:51.960 No, it does not. 994 00:54:53.719 --> 00:54:55.440 But what a lot of people do is when they 995 00:54:55.480 --> 00:54:59.840 have a rental, they build up a lot of that 996 00:55:00.280 --> 00:55:00.840 in a rental. 997 00:55:00.960 --> 00:55:03.679 Then they sell their primary residence. 998 00:55:04.320 --> 00:55:08.599 They take the tax exemption, They move into their rental 999 00:55:10.159 --> 00:55:13.320 for two years, and then sell it because it has 1000 00:55:13.320 --> 00:55:17.079 to be two of the last five, and they get 1001 00:55:17.119 --> 00:55:24.000 another tax exemption. Now, there are some builders and the irs. 1002 00:55:24.119 --> 00:55:25.719 No one has ever caught up with them. Now I 1003 00:55:25.719 --> 00:55:27.400 don't I shouldn't even use the word caught. 1004 00:55:27.280 --> 00:55:27.719 Up with them. 1005 00:55:28.400 --> 00:55:30.800 They don't say anything about it because it's illegal. And 1006 00:55:30.840 --> 00:55:31.639 here's what it is. 1007 00:55:33.880 --> 00:55:37.400 They build a house or fix up a house, fix 1008 00:55:37.440 --> 00:55:40.440 and flip or or renovate or whatever. Right, Or they 1009 00:55:40.800 --> 00:55:42.760 build a house and they live in it for two 1010 00:55:42.880 --> 00:55:45.760 or three years, sell it, get all that exempt, They 1011 00:55:45.760 --> 00:55:48.400 get five hundred thousand tax free. 1012 00:55:49.079 --> 00:55:53.119 Do it again, five hundred thousand tax free. Do it again. 1013 00:55:53.719 --> 00:55:56.840 Not bad? Is it? I mean? Really not bad? 1014 00:55:57.239 --> 00:55:59.679 And fix and flippers can do that too, even if 1015 00:55:59.719 --> 00:56:02.360 you sell it out right, but it is a way 1016 00:56:02.360 --> 00:56:05.880 to live tax free. Now, on top of that, if 1017 00:56:05.880 --> 00:56:09.559 you want to make that even better, you can have 1018 00:56:11.960 --> 00:56:14.760 some of the I'm getting really weird here, but you 1019 00:56:14.800 --> 00:56:17.039 can have some of the money that you build a 1020 00:56:17.079 --> 00:56:22.480 house with from your overfunded life insurance and that's growing 1021 00:56:22.519 --> 00:56:23.159 tax free. 1022 00:56:23.960 --> 00:56:27.000 You borrow from your life insurance. 1023 00:56:26.559 --> 00:56:33.079 Policy to do the house. You sell the house tax 1024 00:56:33.199 --> 00:56:38.280 free as part of your personal exemption. Then pay back 1025 00:56:38.960 --> 00:56:42.159 your life insurance policy for the money you put out 1026 00:56:42.159 --> 00:56:46.119 for that house, and you pay yourself the highest interest allowed, 1027 00:56:46.719 --> 00:56:49.840 and that interest goes to your cash value of the 1028 00:56:49.920 --> 00:56:53.800 life insurance. So now you've just made a ton of 1029 00:56:53.840 --> 00:56:57.000 money on your life insurance which is growing tax free, 1030 00:56:57.239 --> 00:56:58.599 so your cash value. 1031 00:56:58.320 --> 00:56:58.920 Is going up. 1032 00:56:59.519 --> 00:57:01.719 Then you made a ton of money on your house 1033 00:57:01.760 --> 00:57:02.880 that you didn't pay tax on. 1034 00:57:03.519 --> 00:57:04.199 Think about this. 1035 00:57:04.719 --> 00:57:07.360 So now if you do that back and forth with 1036 00:57:07.400 --> 00:57:12.320 an overfunded life insurance policy and spec homes and you 1037 00:57:12.400 --> 00:57:15.199 build up now that you keep making tax free money 1038 00:57:15.199 --> 00:57:18.079 from the spec homes, that money, you do anything you 1039 00:57:18.119 --> 00:57:20.840 want with a tax free but when you pay back 1040 00:57:20.880 --> 00:57:23.679 your life insurance, you pay it back with top interest. 1041 00:57:24.400 --> 00:57:26.960 That's going to shelter more and more cash, growing tax free. 1042 00:57:27.000 --> 00:57:28.480 So then what do you do with this big bundle 1043 00:57:28.519 --> 00:57:30.320 of money in your life insurance. Well, we've said that 1044 00:57:30.360 --> 00:57:33.639 a million times again. I'm not saying this is the 1045 00:57:33.639 --> 00:57:36.280 only investment you should have or whatever, and it has 1046 00:57:36.320 --> 00:57:39.920 to be time appropriate. But if you overfunded life insurance 1047 00:57:39.920 --> 00:57:43.360 and built up a ton of cash, the value that 1048 00:57:43.440 --> 00:57:49.079 grew tax free. Normally that would be taxable if you 1049 00:57:49.079 --> 00:57:52.679 took out disbursements. But if you did it the right way, 1050 00:57:52.840 --> 00:57:54.480 you're not going to take your disbursements. 1051 00:57:54.480 --> 00:57:58.320 You're going to borrow from your life insurance borrow from it. 1052 00:57:58.599 --> 00:58:02.039 So let's say you're sixty five, seventy fifty five, whatever 1053 00:58:02.079 --> 00:58:06.400 age you're older. You're retiring. You're not a dumb worker 1054 00:58:06.519 --> 00:58:08.519 like me who wants to keep working. So let's say 1055 00:58:08.559 --> 00:58:16.119 you retire and you take monthly payments pick one ten grand, 1056 00:58:16.239 --> 00:58:18.880 ten grand a month, five grand a month, two grand 1057 00:58:18.920 --> 00:58:22.360 a month, and their policy loans or take it take 1058 00:58:22.360 --> 00:58:25.039 it once a year. You know, a fifty sixty to 1059 00:58:25.119 --> 00:58:27.840 seventy five eighty thousand dollars loan. 1060 00:58:28.920 --> 00:58:32.159 Live on it as income, but it's the loans. You're 1061 00:58:32.199 --> 00:58:33.199 not paying tax on it. 1062 00:58:34.000 --> 00:58:37.800 So what happens to all these accumulated loans on your 1063 00:58:37.840 --> 00:58:41.400 life insurance? When you die, the life insurance proceeds pay 1064 00:58:41.440 --> 00:58:45.280 them off. So I've just given you a strategy as 1065 00:58:45.320 --> 00:58:48.559 a fix and flipper or builder to make money the 1066 00:58:48.599 --> 00:58:52.519 rest of your life tax free and grow a retirement 1067 00:58:52.559 --> 00:58:57.320 fund tax free. There you're welcome. Three h three seven 1068 00:58:57.400 --> 00:58:59.840 one three talks seven one three A two five five. 1069 00:59:00.360 --> 00:59:05.239 So I want to bring up Deputy d right here, 1070 00:59:05.519 --> 00:59:06.360 and I want. 1071 00:59:06.159 --> 00:59:09.519 To bring up there's a reason, well there's a big reason. 1072 00:59:09.559 --> 00:59:12.000 I'm bringing them up because he did some research here 1073 00:59:12.400 --> 00:59:17.280 on the Consumer Protection Act. You're on camera now, so 1074 00:59:17.719 --> 00:59:22.519 on the Consumer Protection Act. D. This is important, John, 1075 00:59:22.559 --> 00:59:26.039 you know about the Consumer Protection Act too. The Consumer 1076 00:59:26.079 --> 00:59:29.039 Protection Act is a wide reaching We always talk about 1077 00:59:29.079 --> 00:59:31.280 the Contractors Trust Act, but. 1078 00:59:31.320 --> 00:59:33.800 The Protection Act is very wide reaching. 1079 00:59:34.679 --> 00:59:39.960 And one of the things that I like about it 1080 00:59:40.000 --> 00:59:43.519 is the wording about deceptive trade practices. God, does that 1081 00:59:43.639 --> 00:59:46.199 handle a lot of stuff. John, I guess you can 1082 00:59:46.239 --> 00:59:49.119 attest to that. I mean deceptive trade practice. That's open 1083 00:59:49.199 --> 00:59:53.239 for a big interpretation. Deceptive trade practice, I mean, think 1084 00:59:53.239 --> 00:59:56.719 about it. So what we're saying is, let me just 1085 00:59:56.760 --> 00:59:59.400 bring us all up here. What I'm saying is is 1086 00:59:59.400 --> 01:00:03.039 that the Consumer Protection Act says this, this, this, and 1087 01:00:03.280 --> 01:00:04.559 deceptive trade practices. 1088 01:00:04.639 --> 01:00:06.159 Right, let me get your mic on. 1089 01:00:06.199 --> 01:00:09.760 There you go, So, d Yes, there were some interesting 1090 01:00:09.840 --> 01:00:12.840 things in the in the Consumer Protection Act. 1091 01:00:13.119 --> 01:00:15.199 Yes, this is the body of law encountered called the 1092 01:00:15.239 --> 01:00:18.719 Colorado Consumer Protection Act. And the part that really excites 1093 01:00:18.760 --> 01:00:21.679 me here in the context of that dirty contractor that 1094 01:00:21.719 --> 01:00:26.280 we just discussed earlier, is that it provides for three times, 1095 01:00:26.280 --> 01:00:29.920 and I'm reading directly from Justia, three times the amount 1096 01:00:29.920 --> 01:00:33.079 of actual damage is sustained if it is established by 1097 01:00:33.159 --> 01:00:36.400 clear and convincing evidence that such person engaged in bad 1098 01:00:36.440 --> 01:00:41.400 faith conduct, plus attorney's fees and cost of the action. 1099 01:00:43.280 --> 01:00:45.599 Wow, John, did you know about that that? 1100 01:00:45.840 --> 01:00:48.920 I never knew the Consumer Protection Act provided for attorney's 1101 01:00:48.960 --> 01:00:50.280 fees and treble damages. 1102 01:00:50.360 --> 01:00:51.039 I didn't know it. 1103 01:00:52.079 --> 01:00:53.679 Yeah, they do. 1104 01:00:53.800 --> 01:00:54.199 The only. 1105 01:00:54.320 --> 01:00:55.400 The only problem with that. 1106 01:00:55.440 --> 01:00:57.079 I mean, as you as you look at all these 1107 01:00:57.079 --> 01:00:59.679 different things, Tom, is you have to kind of really 1108 01:00:59.760 --> 01:01:03.159 look down the road. Is it possible that a judgment 1109 01:01:03.880 --> 01:01:06.679 that we obtain under this act. I mean, even though 1110 01:01:06.679 --> 01:01:10.320 it may be trouble damages plus fees and stuff, what's 1111 01:01:10.400 --> 01:01:12.880 to stop the guy from running right across the street 1112 01:01:13.000 --> 01:01:18.159 and bankruptcy, you know, versus on the other hand, if 1113 01:01:18.400 --> 01:01:22.239 the DA actually decided to prosecute him. In addition to, 1114 01:01:23.039 --> 01:01:26.400 you know, the very real possibility that a jail sentence 1115 01:01:26.400 --> 01:01:29.519 would be imposed. And I've had clients that have gone 1116 01:01:29.559 --> 01:01:33.400 down that road. They get a restitution order that cannot 1117 01:01:33.480 --> 01:01:37.239 be discharged in bankruptcy. I mean, you know, you may say, well, 1118 01:01:37.280 --> 01:01:40.119 the guy's in jail, so he can't pay, but he 1119 01:01:40.320 --> 01:01:43.000 probably is not really going to be wanting to pay anyway, 1120 01:01:43.119 --> 01:01:45.239 even if he's not in jail. But at least your 1121 01:01:45.360 --> 01:01:49.519 judgment is not dischargeable and goes away. I mean, it's 1122 01:01:49.639 --> 01:01:51.880 just like a re victimization if they go to the 1123 01:01:51.880 --> 01:01:52.800 bankruptcy court. 1124 01:01:55.119 --> 01:02:00.000 I found something else on a big time Denver criminal 1125 01:02:00.079 --> 01:02:04.679 defense attorney's website. This is in the context of the 1126 01:02:04.719 --> 01:02:11.239 contractors the contractors trust Act, Truck Trust Act. He says 1127 01:02:11.320 --> 01:02:14.559 that violations of the car to Trust Act UH will 1128 01:02:14.599 --> 01:02:18.320 lie against contractors and even officers, owners and principles of 1129 01:02:18.360 --> 01:02:23.320 the corporation and and the corporate veil will not protect 1130 01:02:23.360 --> 01:02:26.000 them from liability and card under under that act. 1131 01:02:26.760 --> 01:02:30.840 Wow, yeah, that's that's true. But it but bankruptcy will. 1132 01:02:32.199 --> 01:02:34.519 And so then well, unless it's fraud, right, I mean, 1133 01:02:34.559 --> 01:02:35.360 if it's I mean, if. 1134 01:02:35.320 --> 01:02:37.639 There's a fraud exception of course, but I mean you 1135 01:02:37.719 --> 01:02:40.360 still got to get to you fraud. What he's talking 1136 01:02:40.400 --> 01:02:43.000 about there is you know, this, this idea of a 1137 01:02:43.039 --> 01:02:45.440 corporate veil is what people say all the time that 1138 01:02:45.480 --> 01:02:47.960 I can just I could just hide my assets in 1139 01:02:48.000 --> 01:02:50.159 a corporation and therefore nobody can touch me. 1140 01:02:50.599 --> 01:02:54.079 And that's really not true, of course. But you know, 1141 01:02:54.719 --> 01:02:55.199 I don't know. 1142 01:02:55.559 --> 01:02:57.480 No, no, I I know what John, John, I know 1143 01:02:57.519 --> 01:02:58.039 what you're saying. 1144 01:02:58.079 --> 01:03:01.800 If it's fraud, it's not dischargeable. But you have to 1145 01:03:01.840 --> 01:03:04.039 prove fraud or you have to at least bring a 1146 01:03:04.079 --> 01:03:08.639 big enough claim against you know, because financial difficulties, you 1147 01:03:08.679 --> 01:03:14.320 could violate the Find the Contractor's Trust Act through financial difficulties, 1148 01:03:14.760 --> 01:03:17.679 and that would and that would be bankruptible so to speak, 1149 01:03:17.719 --> 01:03:19.159 it would be dischargeable. 1150 01:03:19.280 --> 01:03:24.119 So you know it's I used to do criminal defense work, okay, Yeah, 1151 01:03:24.159 --> 01:03:27.000 back in the day, so to speak. And there is 1152 01:03:27.119 --> 01:03:30.840 nothing that will make criminal charges go better in court 1153 01:03:30.920 --> 01:03:33.159 for you than making your victims whole. 1154 01:03:34.639 --> 01:03:35.000 Okay. 1155 01:03:35.239 --> 01:03:37.519 I mean you've got a choice. 1156 01:03:37.960 --> 01:03:41.400 Don't make them hole and go to prison, or make 1157 01:03:41.440 --> 01:03:43.599 them whole and have the chance of coming out of 1158 01:03:43.599 --> 01:03:46.760 something with probation or something. You'd be amazed how many 1159 01:03:46.760 --> 01:03:49.159 people get motivated to bring something in and try to 1160 01:03:49.159 --> 01:03:50.280 make these victims whole. 1161 01:03:51.159 --> 01:03:51.719 Yeah, I got you. 1162 01:03:51.880 --> 01:03:53.599 It's a beautiful thing, all right. 1163 01:03:53.639 --> 01:03:55.679 We have more coming up on The Troubleshooter Show three 1164 01:03:55.800 --> 01:03:58.599 h three seven to one, three talks seven one, three, eight, 1165 01:03:58.679 --> 01:04:07.440 two five five. Go with a sure thing Denver's best 1166 01:04:07.519 --> 01:04:10.400 roofer Excel roofing dot com. You don't pay a cent 1167 01:04:10.599 --> 01:04:16.679 until you're content. Time for an insurance check up free, 1168 01:04:16.760 --> 01:04:20.480 no obligation. In comparison, call Compass Insurance paying too much 1169 01:04:20.599 --> 01:04:23.559 your coverage at dozens of insurance companies find out now 1170 01:04:23.599 --> 01:04:26.119 three oh three, seven seven to one help. You'll think 1171 01:04:26.159 --> 01:04:28.719 you're his only customer when you choose Frank durand the 1172 01:04:28.760 --> 01:04:31.400 Real Estate man dot com to list your home with 1173 01:04:31.519 --> 01:04:35.039 Remax Alliance three all three nine two zero sixteen twenty two. 1174 01:04:38.800 --> 01:04:45.280 Hi Tom Martino, your Troubleshooter three oh three seven one 1175 01:04:45.400 --> 01:04:48.920 three talk three oh three seven one three eight two 1176 01:04:49.039 --> 01:04:54.199 five five, So get your calls in. If you have 1177 01:04:54.320 --> 01:04:57.000 any questions, problems or complaints. Call has been light today 1178 01:04:57.039 --> 01:04:59.079 for some reason. You know, it's amazing to me how 1179 01:04:59.119 --> 01:05:01.760 some days we can't breathe. But keep this in mind. 1180 01:05:02.360 --> 01:05:05.280 You can call throughout three Martino even after. If you're 1181 01:05:05.320 --> 01:05:07.800 listening to a podcast and you're wondering how to get help, 1182 01:05:08.360 --> 01:05:10.639 you call right that moment. And if you leave a 1183 01:05:10.719 --> 01:05:14.960 message on that call on that uh, on that machine 1184 01:05:15.119 --> 01:05:17.800 or not a machine, just leave a message voicemail. We'll 1185 01:05:17.840 --> 01:05:19.880 get back to you, okay, bottom line Now, three out 1186 01:05:19.880 --> 01:05:22.400 through Martino will ring right through the studio too when 1187 01:05:22.440 --> 01:05:25.199 we're here. That's three oh three six two seven, eight 1188 01:05:25.280 --> 01:05:27.840 four sixty six or three oh three Martino. 1189 01:05:27.920 --> 01:05:29.440 We also have an email. 1190 01:05:29.159 --> 01:05:35.880 Address, help at troubleshooter dot com. Help at troubleshooter dot com. 1191 01:05:36.280 --> 01:05:39.159 So I people are texting me, by the way, and 1192 01:05:39.239 --> 01:05:43.639 you can text me at seven four seven, nine nine 1193 01:05:43.760 --> 01:05:48.760 nine fifty two eighty. That's my personal personal text on 1194 01:05:48.840 --> 01:05:50.800 my personal Google that is forwarded to. 1195 01:05:50.760 --> 01:05:52.159 My cell phone. 1196 01:05:52.280 --> 01:05:55.039 Now, Tom, how many different healthcare systems do we have? 1197 01:05:55.480 --> 01:05:59.519 We have Medicare, Medicaid, Tricare, private employer provided, no insurance, 1198 01:05:59.599 --> 01:05:59.800 no in. 1199 01:06:00.159 --> 01:06:02.280 In self pay. It's ridiculous. 1200 01:06:02.559 --> 01:06:07.800 We need universal, socialized medical That's why we ranked so low. 1201 01:06:09.480 --> 01:06:12.400 You know, I will say that healthcare and medical care 1202 01:06:12.519 --> 01:06:15.079 is one area John, you can chime into. You deal 1203 01:06:15.119 --> 01:06:18.400 with it more than anybody. The healthcare system. I mean, 1204 01:06:19.679 --> 01:06:25.159 we need something. I think I hesitate to call it 1205 01:06:25.599 --> 01:06:30.079 universal or government provided, but there could be a limited 1206 01:06:30.400 --> 01:06:34.400 number of carriers, mandatory participation in a way that saves money. 1207 01:06:35.400 --> 01:06:40.519 The Obamacare that the benefit Obamacare did it trust me. 1208 01:06:41.119 --> 01:06:43.440 There were a lot of people hurt by it. A 1209 01:06:43.480 --> 01:06:45.559 lot of people fell in the cracks where they had 1210 01:06:45.760 --> 01:06:50.000 giant deductibles and they may as well be uninsured. But 1211 01:06:50.119 --> 01:06:55.280 there are also people who were covered by Medicaid that 1212 01:06:55.320 --> 01:06:56.679 were never covered before. 1213 01:06:56.920 --> 01:07:00.280 That's the one good thing it did. It expanded meta deca. 1214 01:07:00.840 --> 01:07:04.880 Now I believe the Medicare system is one of the 1215 01:07:04.920 --> 01:07:09.840 best run systems in the world. Medicare, it's a great system. 1216 01:07:10.199 --> 01:07:12.000 Now Medicare for all. 1217 01:07:12.199 --> 01:07:12.760 I don't know. 1218 01:07:13.800 --> 01:07:18.920 I think healthcare, though, is one of those areas. And insurance, okay, 1219 01:07:19.079 --> 01:07:23.039 because we're talking about health care and insurance are tied together. 1220 01:07:24.800 --> 01:07:28.320 I think that insurance ruined the health care industry. Insurance 1221 01:07:28.360 --> 01:07:32.199 actually put a layer of administration and cost there that 1222 01:07:32.320 --> 01:07:35.599 wasn't there before. You know, if you really look at 1223 01:07:35.760 --> 01:07:40.320 how doctors are reimbursed, for example, for births, and deputy 1224 01:07:40.360 --> 01:07:42.800 doc will tell you this, when insurance came in and 1225 01:07:43.280 --> 01:07:46.000 the prices went up, he didn't get more money for 1226 01:07:46.079 --> 01:07:50.039 delivering a baby. He probably got reimbursed the same radio 1227 01:07:50.079 --> 01:07:53.239 always has been getting reimbursed. But everyone else was making 1228 01:07:53.280 --> 01:07:55.400 money around him, mainly insurance. 1229 01:07:55.920 --> 01:07:57.320 I say they were like the mafia. 1230 01:07:57.360 --> 01:08:01.440 They inserted themselves into the healthcare system. Most of our 1231 01:08:01.519 --> 01:08:04.159 costs right now in healthcare, most of our costs is 1232 01:08:04.239 --> 01:08:05.960 administrative and insurance. 1233 01:08:06.559 --> 01:08:09.000 It's not the actual provider now. 1234 01:08:09.199 --> 01:08:13.159 The actual provider raises those costs because of the insurance 1235 01:08:13.159 --> 01:08:17.279 and the administration. So yes, it appears as if they're 1236 01:08:17.319 --> 01:08:21.960 all charging too much, but they're doing that to keep up, 1237 01:08:22.119 --> 01:08:24.920 just to have enough to keep for themselves. It's it's 1238 01:08:24.960 --> 01:08:29.640 a god, it's it's a complicated situation. So what is 1239 01:08:29.680 --> 01:08:32.520 the answer. What is the answer? John, What do you 1240 01:08:32.520 --> 01:08:35.239 think the answer is? To a healthcare system? Do you 1241 01:08:35.399 --> 01:08:37.760 like some kind of I don't like using the words 1242 01:08:37.800 --> 01:08:42.039 socialized because it sounds because we have we're obviously we 1243 01:08:42.039 --> 01:08:46.560 don't want socialism. But some kind of universal healthcare maybe 1244 01:08:46.560 --> 01:08:47.600 you ought to talk about that. 1245 01:08:48.159 --> 01:08:48.760 I don't know that. 1246 01:08:49.239 --> 01:08:52.199 To me, we need to do something because what we 1247 01:08:52.279 --> 01:08:56.279 have isn't working anyway. Three oh three seven one three 1248 01:08:56.359 --> 01:08:59.359 Talks seven one three eight two five five. We have 1249 01:08:59.439 --> 01:09:03.079 more coming up on the Troubleshooter Show. Stick Around three 1250 01:09:03.159 --> 01:09:06.279 oh three Martino three oh three six two seven eight 1251 01:09:06.439 --> 01:09:16.560 four sixty six. Go with a sure thing Denver's Best 1252 01:09:16.640 --> 01:09:19.520 roofer Excel Roofing dot com. You don't pay a cent 1253 01:09:19.720 --> 01:09:25.800 until you're contents. Time for an insurance check up, free 1254 01:09:25.880 --> 01:09:29.920 no obligation comparison call Compass Insurance Paying too much your 1255 01:09:29.960 --> 01:09:32.880 coverage at dozens of insurance companies find out now three 1256 01:09:32.960 --> 01:09:35.479 oh three seven seven to one help. You'll think you're 1257 01:09:35.520 --> 01:09:38.039 his only customer when you choose Frank durand the real 1258 01:09:38.119 --> 01:09:41.119 estate Man dot com to list your home with Remax 1259 01:09:41.159 --> 01:09:44.359 Alliance three oh three nine two zero sixteen twenty two. 1260 01:09:50.039 --> 01:09:55.199 D need advice, so you don't have. 1261 01:09:57.399 --> 01:10:00.159 Come run in chess as can ye. 1262 01:10:01.119 --> 01:10:02.439 Shooter's gonna help. 1263 01:10:02.720 --> 01:10:04.680 Come man, This. 1264 01:10:05.359 --> 01:10:09.279 Is the Troubleshooter Show. Now, Tom Martino. 1265 01:10:10.840 --> 01:10:13.439 Well, come back to the Troubleshooter Show. This is not 1266 01:10:13.600 --> 01:10:17.119 Tom Martino. This is John Fuller sitting in for mister 1267 01:10:17.199 --> 01:10:19.399 Martino who is out for the rest of the day, 1268 01:10:19.960 --> 01:10:22.319 and joining me here in the studio is the lovely 1269 01:10:22.439 --> 01:10:25.960 Suzanne and uh doc hey John, And we're here to 1270 01:10:26.199 --> 01:10:29.439 take your questions, answer your issues, do our best to 1271 01:10:29.479 --> 01:10:32.640 solve your problems. Give us a call. The Alliance are 1272 01:10:32.720 --> 01:10:36.359 wide open right now at three oh three seven, three eight, 1273 01:10:36.479 --> 01:10:37.479 two five five. 1274 01:10:38.439 --> 01:10:39.399 Many of you know me. 1275 01:10:39.600 --> 01:10:42.239 I am a personal injury attorney here in Denver, Colorado. 1276 01:10:42.319 --> 01:10:46.159 I have been for twenty two years, which seems like 1277 01:10:46.239 --> 01:10:48.640 kind of a long time. But in that time I've 1278 01:10:48.640 --> 01:10:54.000 had a wide and myriad, you know, selection of cases 1279 01:10:54.039 --> 01:10:58.279 that makes me qualified to talk about almost nothing. But nonetheless, 1280 01:10:58.279 --> 01:11:00.119 here I am, and I'm ready to take your call 1281 01:11:00.239 --> 01:11:04.119 and give us a shout. Now, Tom kind of teased 1282 01:11:04.159 --> 01:11:08.159 the last hour with this concept of health insurance, and 1283 01:11:09.199 --> 01:11:11.920 I'm not going to leave that alone. Although I'm coming 1284 01:11:11.960 --> 01:11:14.760 at it from a different perspective because I'm a really 1285 01:11:14.800 --> 01:11:17.560 more of a consumer because my clients are all hurt 1286 01:11:18.159 --> 01:11:22.399 and they're all trying to get medical care, and we, 1287 01:11:22.760 --> 01:11:28.119 as a personal injury firm, are We're interested in getting 1288 01:11:28.119 --> 01:11:31.520 our clients taken care of. We're interested in getting them 1289 01:11:31.520 --> 01:11:33.840 the care that they need. And over the time that 1290 01:11:33.880 --> 01:11:38.279 I've been practicing, we've gone through a system where all 1291 01:11:38.359 --> 01:11:43.000 of the healthcare that was related to car accidents was 1292 01:11:43.079 --> 01:11:45.600 paid for under your car insurance. And that was the 1293 01:11:45.680 --> 01:11:49.079 old no fault system that we had that we voted 1294 01:11:49.079 --> 01:11:53.039 out almost almost twenty years ago, now to a system 1295 01:11:53.159 --> 01:11:58.439 where really there is no mechanism to automatically pay for 1296 01:11:58.479 --> 01:12:04.159 your health care than a voluntary quote unquote mandatory voluntary 1297 01:12:05.319 --> 01:12:08.079 coverage called medpay. And you guys have heard me talk 1298 01:12:08.119 --> 01:12:11.239 about medpay a million times. The only problem with medpay 1299 01:12:11.319 --> 01:12:13.880 is it's not a very big policy. By default, it 1300 01:12:13.920 --> 01:12:16.680 comes in at only five thousand dollars and you can 1301 01:12:16.720 --> 01:12:19.560 get more. But you know, most of the time, if 1302 01:12:19.600 --> 01:12:22.760 we have medpay, it's the five grand and that's what 1303 01:12:22.800 --> 01:12:26.319 we're dealing with. And so my job usually is to 1304 01:12:27.600 --> 01:12:32.279 beg borrow and steal the various sources of medical care 1305 01:12:32.439 --> 01:12:39.520 be it Medicare, Medicaid, private health insurance, medpay leans. You know, 1306 01:12:39.840 --> 01:12:43.359 just doctors having to treat, or at least emergency rooms 1307 01:12:43.359 --> 01:12:47.960 having to treat almost involuntarily because the law forces them 1308 01:12:48.000 --> 01:12:50.600 to take care of people that land in the emergency 1309 01:12:50.640 --> 01:12:55.279 room and everywhere in between. And so I don't know 1310 01:12:55.319 --> 01:12:58.159 what the right answer is. I can tell you that 1311 01:12:59.000 --> 01:13:03.399 you know, in my opinion, medicaid is not the answer. 1312 01:13:05.039 --> 01:13:08.039 Medicaid is great when you're injured very badly and you 1313 01:13:08.119 --> 01:13:11.279 go to the er and they do a great job 1314 01:13:11.359 --> 01:13:14.159 taking care of you up until you get discharged. And 1315 01:13:14.199 --> 01:13:19.279 then once you've been discharged, the challenge becomes getting that 1316 01:13:19.399 --> 01:13:22.800 ongoing care and trying to fit into the rules that 1317 01:13:22.880 --> 01:13:26.880 medicaid dictates on people, such as how many physical therapy 1318 01:13:26.920 --> 01:13:29.439 appointments you have to go to before the authorize an 1319 01:13:29.520 --> 01:13:30.560 MRI or. 1320 01:13:30.680 --> 01:13:31.399 Stuff like that. 1321 01:13:31.520 --> 01:13:35.800 So using medicaid and trying to select your own medical 1322 01:13:35.880 --> 01:13:41.000 providers is an almost recipe for disaster. I don't know, doctor, 1323 01:13:41.000 --> 01:13:43.159 did you get involved in medicaid claims? 1324 01:13:44.640 --> 01:13:49.840 But the point is kind of similar. It often is 1325 01:13:49.920 --> 01:13:53.159 up to the insurance company rather than the doctor, to 1326 01:13:53.239 --> 01:13:56.279 decide what treatment is appropriate. So we have to jump 1327 01:13:56.359 --> 01:13:58.920 through hoops if we want to do something that the 1328 01:13:58.960 --> 01:14:01.560 insurance company says, well, we don't think this is the 1329 01:14:01.600 --> 01:14:05.840 proper motor treatment, and then we wind up having to 1330 01:14:05.840 --> 01:14:09.479 write letters to the medical director and justify it rather 1331 01:14:09.560 --> 01:14:12.600 than just letting us make a decision on what we 1332 01:14:12.680 --> 01:14:15.000 think is best for the patient, which is what we've 1333 01:14:15.039 --> 01:14:17.079 been trained for for all those years. 1334 01:14:18.560 --> 01:14:21.319 And meanwhile the patient goes just waiting, trying to get 1335 01:14:21.319 --> 01:14:25.199 the treatment that they need and suffering through whatever's going on. 1336 01:14:25.279 --> 01:14:27.159 Exactly, I didn't. 1337 01:14:26.960 --> 01:14:28.800 Realize, John, I mean, I'm kind of stuck when you 1338 01:14:28.840 --> 01:14:31.039 said it was way different twenty years ago. I didn't 1339 01:14:31.079 --> 01:14:34.399 realize that. I guess before what you could go directly 1340 01:14:34.439 --> 01:14:38.039 through your healthcare insurance when you're injured in an accident. 1341 01:14:38.199 --> 01:14:40.399 So no, the crazy thing is that in this no 1342 01:14:40.520 --> 01:14:42.840 fault system that we had before, we didn't use our 1343 01:14:42.880 --> 01:14:45.920 own private insurance for the treatment related to car accident. 1344 01:14:46.000 --> 01:14:46.640 What did you use? 1345 01:14:47.039 --> 01:14:49.800 We used our own car insurance, and we had a 1346 01:14:49.840 --> 01:14:53.399 coverage called PIP or personal injury protection. A lot of 1347 01:14:53.399 --> 01:14:56.600 people listening will remember the old PIP days as we 1348 01:14:56.720 --> 01:15:01.119 referred to it, and personal injury protection was this this 1349 01:15:01.319 --> 01:15:05.359 extra policy on your car policy that had fifty thousand 1350 01:15:05.359 --> 01:15:09.399 dollars for medical and fifty thousand dollars for rehab, but 1351 01:15:09.479 --> 01:15:12.359 the rehab could get rolled into the medical. So effectively, 1352 01:15:12.479 --> 01:15:16.239 everybody who had any sort of car insurance had one 1353 01:15:16.359 --> 01:15:20.960 hundred thousand dollars piggy bank of available coverage to go 1354 01:15:21.039 --> 01:15:22.640 and get whatever treatment they needed. 1355 01:15:22.680 --> 01:15:23.520 They could go to. 1356 01:15:25.119 --> 01:15:27.880 An orthopedic doctor, they could go to a chiropractor, they 1357 01:15:27.920 --> 01:15:31.479 could get massage and anything else under the sun, and 1358 01:15:31.560 --> 01:15:34.680 it would give us the ability to kind of custom 1359 01:15:34.960 --> 01:15:38.880 formulate the healthcare that people needed to get better. The 1360 01:15:38.920 --> 01:15:42.039 downside of the system was twofold Number one primary care 1361 01:15:42.119 --> 01:15:47.439 doctors didn't take the auto coverage. They just wouldn't. They 1362 01:15:47.479 --> 01:15:49.800 just wouldn't do it. If you showed up and said Hi, 1363 01:15:49.840 --> 01:15:51.840 I'm here because of a car, they would turn you 1364 01:15:51.840 --> 01:15:55.079 away and be done with you. You couldn't get the 1365 01:15:55.119 --> 01:15:58.680 coverage at your own PCP doctor. I'm guessing doc, you 1366 01:15:58.720 --> 01:16:01.439 had the same deal at your practice is they just 1367 01:16:01.479 --> 01:16:02.359 wouldn't cover them. 1368 01:16:02.359 --> 01:16:04.920 The coverage wouldn't cover someone else. If you were at 1369 01:16:04.960 --> 01:16:08.319 Faull and hurts somebody in an accident, it didn't cover them. Right, 1370 01:16:08.520 --> 01:16:09.960 everybody had their own. 1371 01:16:09.880 --> 01:16:12.640 So all of your liability coverage was still in place 1372 01:16:12.640 --> 01:16:15.760 to cover the other guy. I'm strictly talking about covering 1373 01:16:16.000 --> 01:16:19.680 God's own injuries, whether you were at fault or whether 1374 01:16:19.720 --> 01:16:22.000 the other guy was care after an accident. We got 1375 01:16:22.039 --> 01:16:25.800 all of our care under our own policy. So here's 1376 01:16:25.840 --> 01:16:29.680 the other downside of that regime, if you will. It 1377 01:16:29.840 --> 01:16:34.279 was abused like nobody's business. Okay. You had a number 1378 01:16:34.279 --> 01:16:37.960 of doctors out there that specialized in treating accident injuries. 1379 01:16:38.239 --> 01:16:39.319 That's all they did. 1380 01:16:39.359 --> 01:16:43.439 They ran all these little injury clinics and stuff, and miraculously, 1381 01:16:43.560 --> 01:16:47.560 nobody got better until either the money ran out or 1382 01:16:47.800 --> 01:16:50.960 the three year statute limitation was looming and all that. 1383 01:16:51.600 --> 01:16:54.000 Wow, And is that why they changed it? Because there 1384 01:16:54.079 --> 01:16:55.960 was a lot of fraud going on. Is that why 1385 01:16:56.000 --> 01:16:58.800 they overhauled the system? If you will. 1386 01:16:58.880 --> 01:17:04.119 Yeah, what happened was the insurance companies. You know, in Colorado, 1387 01:17:03.560 --> 01:17:07.159 we have a system that anybody can put just about 1388 01:17:07.199 --> 01:17:09.800 anything on the ballot. Okay, it's a referendum issue. With 1389 01:17:09.920 --> 01:17:13.039 enough signatures, they can put just about anything on the ballot. 1390 01:17:13.199 --> 01:17:17.760 The insurance companies, primarily the auto insurance companies, convinced the 1391 01:17:17.800 --> 01:17:21.800 people of Colorado that a new system was better, and 1392 01:17:21.840 --> 01:17:24.039 that they would all say massive amounts of money. 1393 01:17:24.039 --> 01:17:25.119 And it was actually a. 1394 01:17:25.119 --> 01:17:28.600 Ballot issue that the people of Colorado voted on. So 1395 01:17:28.640 --> 01:17:31.720 they voted to get rid of the old pip days, 1396 01:17:31.800 --> 01:17:34.800 if you will, and implement what we have today. And 1397 01:17:34.880 --> 01:17:38.760 so for the last almost twenty years whatever. The opposite 1398 01:17:38.760 --> 01:17:42.920 of no fault is a pure fault, if you will. Now, 1399 01:17:43.039 --> 01:17:48.640 the person who's that fault is responsible for everything. But 1400 01:17:48.760 --> 01:17:51.640 the challenge is there's no mechanism to get them to 1401 01:17:51.720 --> 01:17:55.720 pay for that treatment as it's being incurred. And so 1402 01:17:56.199 --> 01:18:00.640 the insurance company for the at fault drivers sit back 1403 01:18:00.680 --> 01:18:03.039 and say, look, we may be at fault. 1404 01:18:03.600 --> 01:18:05.399 We understand that we're at fault. 1405 01:18:05.880 --> 01:18:08.239 But the only way we're going to pay you anything 1406 01:18:08.880 --> 01:18:11.720 is if you sign this release that lets our driver 1407 01:18:11.880 --> 01:18:16.039 off the hook completely. So nobody's going to sign that release. 1408 01:18:16.119 --> 01:18:18.199 If you're in the middle of getting treatment, you don't 1409 01:18:18.199 --> 01:18:21.199 know what the future holds. You've got potentially a surgery 1410 01:18:21.199 --> 01:18:23.439 down the road, you've got all this lost wages. I mean, 1411 01:18:23.680 --> 01:18:25.920 there's no way that a week or two after the 1412 01:18:26.000 --> 01:18:30.039 accident you're going to sign this complete release just to 1413 01:18:30.159 --> 01:18:32.680 let the other driver off and unlock some of those 1414 01:18:32.680 --> 01:18:34.439 money so you can get the care that you need. 1415 01:18:35.119 --> 01:18:38.079 So the practical reality is, like I was saying earlier, 1416 01:18:38.399 --> 01:18:40.439 we have to figure out how to front load all 1417 01:18:40.479 --> 01:18:43.119 the treatment in order to get the person to the 1418 01:18:43.279 --> 01:18:45.680 end of that road, so that we can then turn 1419 01:18:45.720 --> 01:18:48.600 around and go after the insurance company and say this 1420 01:18:48.800 --> 01:18:49.960 is the full extent. 1421 01:18:49.680 --> 01:18:50.199 Of our clients. 1422 01:18:50.319 --> 01:18:53.439 I understood, Okay, it's. 1423 01:18:54.039 --> 01:18:56.039 It's just it's kind of the system that we have 1424 01:18:56.159 --> 01:18:59.079 to deal with. I say, We've got a couple of 1425 01:18:59.119 --> 01:19:02.920 callers on the line. Let's take let's take Tommy an 1426 01:19:02.920 --> 01:19:04.560 issue with auto owners insurance. 1427 01:19:08.199 --> 01:19:10.119 Tommy, you're on the air. What's going on? 1428 01:19:11.520 --> 01:19:12.199 Oh? 1429 01:19:12.439 --> 01:19:14.319 I'm on there now, yes, sir? 1430 01:19:15.439 --> 01:19:20.640 Oh, okay. Well, on July tenth, my neighbor who lives 1431 01:19:20.680 --> 01:19:24.880 in the corner house, there's an empty lot between us, 1432 01:19:25.920 --> 01:19:29.439 and he had put new blakes on his truck and 1433 01:19:29.439 --> 01:19:32.319 and everything. He did pump them up or something, but 1434 01:19:33.359 --> 01:19:37.920 he ran into the side of my house and it 1435 01:19:38.039 --> 01:19:44.039 moved the wall three and a half inches. And I've 1436 01:19:44.039 --> 01:19:51.119 been dating with the insurance company, the underwriters and since then, 1437 01:19:51.319 --> 01:19:54.159 and the first two weeks they said they were going 1438 01:19:54.199 --> 01:19:59.560 to send an adjust out. Well two weeks went by, 1439 01:19:59.760 --> 01:20:09.439 never heard nursing, and then we called kept calling, and 1440 01:20:09.479 --> 01:20:12.399 then the lady that was handling it, she went on 1441 01:20:12.479 --> 01:20:14.039 vacation for ten days. 1442 01:20:14.159 --> 01:20:17.600 So, is this the insurance company for your neighbor that 1443 01:20:17.680 --> 01:20:18.319 you're dealing with? 1444 01:20:19.159 --> 01:20:22.399 No, this is the underwriters for his insurance company? 1445 01:20:22.680 --> 01:20:24.760 Okay, and that's Auto Owners Insurance. 1446 01:20:25.800 --> 01:20:32.840 Uh okay, So because his insurance is Weeding agency or 1447 01:20:32.960 --> 01:20:34.720 Collins Okay, So. 1448 01:20:34.640 --> 01:20:36.880 We don't really deal with the agencies too much. Is 1449 01:20:36.880 --> 01:20:40.319 it the actual insurance company, auto owners or who is it? 1450 01:20:41.439 --> 01:20:41.640 Yeah? 1451 01:20:41.720 --> 01:20:44.800 Auto Owners? Okay, I guess they're in I guess they're 1452 01:20:44.800 --> 01:20:45.279 in Denver. 1453 01:20:45.479 --> 01:20:46.720 Yeah, So what are they telling you? 1454 01:20:48.119 --> 01:20:52.800 Well, okay, this has now been about a month going by, 1455 01:20:53.720 --> 01:20:56.920 and we finally did a hold of the lady that's 1456 01:20:56.960 --> 01:21:03.640 got our clone, and then she says that she needed, 1457 01:21:05.039 --> 01:21:07.319 you know, a bid on it, how much it can 1458 01:21:07.439 --> 01:21:12.079 costs to repair it. We send that to her, and 1459 01:21:13.000 --> 01:21:15.279 you couldn't get a holdover for a week or two. 1460 01:21:15.479 --> 01:21:18.680 And then when we did get a holdover, she said 1461 01:21:18.840 --> 01:21:25.560 she needed itemized. Well, sent that to her and then 1462 01:21:25.640 --> 01:21:30.680 she tells us that that he needs to contact them. Well, 1463 01:21:30.720 --> 01:21:33.359 this is back in the first of all, is that 1464 01:21:33.399 --> 01:21:34.640 they hadn't heard from him. 1465 01:21:34.760 --> 01:21:37.239 Okay, tell me we're going to work through all those issues. 1466 01:21:37.279 --> 01:21:38.880 Hang on just a moment, we're going to go to 1467 01:21:38.920 --> 01:21:41.880 a break. We'll be right back. So yeah, definitely we'll 1468 01:21:41.880 --> 01:21:42.760 get to the bottom of this. 1469 01:21:49.479 --> 01:21:52.760 Go with a sure thing Denver's best roofer Excel Roofing 1470 01:21:52.840 --> 01:21:53.399 dot com. 1471 01:21:53.439 --> 01:21:55.880 You don't pay a cent until your content. 1472 01:21:58.840 --> 01:22:02.399 Time for an insurance check free no obligation comparison call 1473 01:22:02.520 --> 01:22:05.840 Compass Insurance paying too much your coverage at dozens of 1474 01:22:05.840 --> 01:22:08.800 insurance companies find out now three all three seven seven 1475 01:22:08.800 --> 01:22:09.039 to one. 1476 01:22:09.159 --> 01:22:09.439 Help. 1477 01:22:09.600 --> 01:22:12.239 You'll think you're his only customer when you choose Frank 1478 01:22:12.279 --> 01:22:14.720 durand the real estate Man dot com to list your 1479 01:22:14.760 --> 01:22:17.880 home with Remax Alliance three all three nine two zero 1480 01:22:18.039 --> 01:22:23.359 sixteen twenty two. 1481 01:22:24.560 --> 01:22:27.640 Welcome back to the Troubleshooter Show. This is John Fuller here. 1482 01:22:27.720 --> 01:22:31.399 We are talking with Tommy right now. Tommy had a 1483 01:22:31.439 --> 01:22:34.159 neighbor who did a break job on his truck and 1484 01:22:34.199 --> 01:22:37.680 apparently mess something up and the truck rolled down the 1485 01:22:37.760 --> 01:22:41.000 hill and hit his house and it has been struggling 1486 01:22:41.159 --> 01:22:45.000 with auto owners insurance. Right now, and we we have 1487 01:22:45.119 --> 01:22:47.199 Brian Burns that's going to be joining us here in 1488 01:22:47.239 --> 01:22:48.840 just a second. We want to hear the rest of 1489 01:22:48.880 --> 01:22:51.800 the story, Tommy tell us in a nutshell, Really, what 1490 01:22:51.960 --> 01:22:54.920 is going on here? They've they've delayed and delayed and delayed. 1491 01:22:54.920 --> 01:22:57.079 I understand that that's kind of par for the course 1492 01:22:57.079 --> 01:22:59.840 for some of these guys, But where does the issues 1493 01:23:00.279 --> 01:23:00.720 right now? 1494 01:23:01.960 --> 01:23:05.399 Well? I sent him an ismed thing on the bed 1495 01:23:06.039 --> 01:23:07.520 that they want to drass. 1496 01:23:07.920 --> 01:23:10.000 This is a bed in your home that got damaged 1497 01:23:10.000 --> 01:23:11.039 when the wall got moved. 1498 01:23:11.359 --> 01:23:15.159 No, no, they wanted they wanted an itemize on the 1499 01:23:15.199 --> 01:23:16.680 cost of all the repairs. 1500 01:23:16.840 --> 01:23:20.359 Okay, what did that come up to? By the way, they. 1501 01:23:20.279 --> 01:23:24.520 Come to fourteen thousand, seven hundred and fifty dollars. 1502 01:23:24.640 --> 01:23:26.920 Wow, that's kind of a lot. This must have been 1503 01:23:26.920 --> 01:23:28.279 more than just a little bump. 1504 01:23:30.000 --> 01:23:34.079 Oh yeah, it's a two fifty four ninety four two 1505 01:23:34.199 --> 01:23:38.079 fifty four pick up with a diesel motor. He had 1506 01:23:38.119 --> 01:23:42.760 put it and rebarsed and started it. And when he 1507 01:23:42.840 --> 01:23:47.199 started coming off his little concrete pad there coming down 1508 01:23:47.239 --> 01:23:53.159 the hill. Well it wasn't slowing down, oh, she wrote, 1509 01:23:53.279 --> 01:23:56.000 And I guess I guess he kind of freaked out 1510 01:23:56.079 --> 01:23:57.600 or something. Hit the gas pedal. 1511 01:23:58.199 --> 01:24:00.560 Oh my goodness, it was actually dry. It when it 1512 01:24:00.640 --> 01:24:01.239 hits your house. 1513 01:24:01.920 --> 01:24:03.800 Oh hit it in the truck with the door shut. 1514 01:24:03.880 --> 01:24:05.760 Now I got to ask here too. Is the house 1515 01:24:05.800 --> 01:24:06.960 structurally okay? 1516 01:24:06.960 --> 01:24:07.279 Still? 1517 01:24:07.399 --> 01:24:08.760 Or you're still living there? 1518 01:24:09.800 --> 01:24:12.159 Oh yeah, yeah, it's it's. 1519 01:24:12.079 --> 01:24:14.920 It's not gonna come tumbling down. It's the strong wind blows. 1520 01:24:14.960 --> 01:24:16.560 Is it Is this. 1521 01:24:16.600 --> 01:24:21.680 A frame house you have here, Tommy? Or is this 1522 01:24:21.760 --> 01:24:23.399 a frame house that you have here? 1523 01:24:23.479 --> 01:24:28.359 Or yeah it's a frame house. Okay, it's a free story. 1524 01:24:27.960 --> 01:24:28.359 All right. 1525 01:24:28.399 --> 01:24:31.000 So hey, Tommy, did you just move here from Boston? 1526 01:24:31.319 --> 01:24:34.399 Your accent sounds a little like you came from back east. 1527 01:24:35.640 --> 01:24:37.239 I'm probably your stab of bread. 1528 01:24:38.359 --> 01:24:43.199 I can promise you Tommy is not from Boston. Okay, yeah, Tommy, 1529 01:24:43.319 --> 01:24:46.520 sounds more like my people there than than yours. 1530 01:24:46.800 --> 01:24:51.880 Yeah. Well, but uh yeah, I mean that's what when 1531 01:24:51.880 --> 01:24:53.920 you hit the gas, I mean things just I know, 1532 01:24:54.119 --> 01:24:57.159 ain't everyone's stopping? Then they just hit the wall. I 1533 01:24:57.239 --> 01:25:00.319 hit about thousand pounds worth of the way on the 1534 01:25:00.359 --> 01:25:03.359 other side of the wall and tried to garage and 1535 01:25:03.479 --> 01:25:07.359 it moved it, you know, the whole the whole wall moved. 1536 01:25:07.680 --> 01:25:10.199 So Tommy, what's going on? You gave him the estimate 1537 01:25:10.239 --> 01:25:12.199 and stuff. What did the insurance company tell you? 1538 01:25:12.279 --> 01:25:12.560 Next? 1539 01:25:13.880 --> 01:25:15.760 Well, they won't answer their phone calls. 1540 01:25:15.840 --> 01:25:19.720 Now, Oh, okay, how long has it's been You're being ghosted? 1541 01:25:21.560 --> 01:25:21.800 Huh? 1542 01:25:21.880 --> 01:25:22.680 How long has it been? 1543 01:25:22.720 --> 01:25:28.039 It's happened this It happened on July the tenth. 1544 01:25:28.199 --> 01:25:32.319 Okay, that's been a while, John, Tommy, what does your 1545 01:25:32.359 --> 01:25:34.880 neighbors say about this? Has your neighbor called the insurance 1546 01:25:34.920 --> 01:25:36.920 company to say you got to take care of Tommy's 1547 01:25:36.920 --> 01:25:37.439 house here? 1548 01:25:38.640 --> 01:25:44.840 Well, okay, I guess probably the first of all. Just 1549 01:25:46.600 --> 01:25:48.680 they told us that they sent him a letter and 1550 01:25:48.760 --> 01:25:53.000 he had two months to respond to it and uh, 1551 01:25:54.319 --> 01:25:57.399 but she said she never heard back from him. So 1552 01:25:57.479 --> 01:26:01.000 I went over and put a note on his door, yeah, 1553 01:26:01.039 --> 01:26:03.600 and ask him the place called me a shance company 1554 01:26:04.039 --> 01:26:05.760 and tell them, you know what happened. 1555 01:26:06.199 --> 01:26:09.479 Tommy. Do you have insurance on your home? Your own insurance? 1556 01:26:10.000 --> 01:26:10.239 Yeah? 1557 01:26:10.560 --> 01:26:13.600 Yeah, I do. And that's the first thing they told me. 1558 01:26:13.760 --> 01:26:15.119 Just who's that with? 1559 01:26:17.039 --> 01:26:18.279 Uh? State Farm? 1560 01:26:18.399 --> 01:26:20.119 Stay Farm? Have you talked to State Farm? 1561 01:26:22.159 --> 01:26:25.199 Well? We did, but you know, I kind of feel like, 1562 01:26:26.399 --> 01:26:30.520 you know, auto owners is hit the insurance great, and 1563 01:26:30.680 --> 01:26:33.560 that's kind of like right, So what's. 1564 01:26:33.439 --> 01:26:36.159 He saying, John, that the homeowner's not doing his part 1565 01:26:36.279 --> 01:26:36.920 in getting this? 1566 01:26:37.399 --> 01:26:39.680 Maybe that might be what's going on. You know, we 1567 01:26:39.840 --> 01:26:41.960 run into this from time to time. Maybe Brian can 1568 01:26:42.039 --> 01:26:44.439 talk about this. You know what I'm thinking about, Brian 1569 01:26:44.560 --> 01:26:47.880 is maybe Tommy should be following acclaim with his own 1570 01:26:47.920 --> 01:26:51.720 insurance company and let them worry about going after the 1571 01:26:51.800 --> 01:26:53.840 other carrier. I mean, do you have any other advice 1572 01:26:53.880 --> 01:26:56.920 about how to make auto owners get off there? Uh 1573 01:26:57.239 --> 01:27:00.319 took us and to get going on this complaint than 1574 01:27:01.039 --> 01:27:03.399 you know, other than dealing with his own company or 1575 01:27:03.479 --> 01:27:04.239 suing the neighbor. 1576 01:27:04.279 --> 01:27:06.199 I can't think of anything else. What about you, Brian? 1577 01:27:06.720 --> 01:27:06.760 No? 1578 01:27:06.960 --> 01:27:08.680 I mean, and as you guys were talking here, I 1579 01:27:08.760 --> 01:27:10.880 was sitting here saying the exact same thing. I think 1580 01:27:10.920 --> 01:27:14.159 that what I would do. Because he has no contractual 1581 01:27:15.000 --> 01:27:18.399 relationship with auto owners in this case, who knows what 1582 01:27:18.560 --> 01:27:20.720 the other driver is saying? The other driver to be saying, well, 1583 01:27:20.920 --> 01:27:23.159 you know I was doing this. You know, who knows 1584 01:27:23.319 --> 01:27:26.880 people people argue and start to make up stories. So 1585 01:27:27.560 --> 01:27:29.960 he doesn't he can't force auto owners to pay. 1586 01:27:30.680 --> 01:27:31.920 It's exactly what you said. 1587 01:27:31.960 --> 01:27:34.279 He either sues the neighbor if the neighbor's not really 1588 01:27:34.359 --> 01:27:36.399 doing anything. I promise you auto owners is going to 1589 01:27:36.439 --> 01:27:39.279 start paying if he's getting sued, or if you just 1590 01:27:39.279 --> 01:27:41.439 don't want to go through that hassle, you make the 1591 01:27:41.520 --> 01:27:44.520 claim on your own policy and let them subrogate. And 1592 01:27:44.680 --> 01:27:47.920 that's exactly what they'll do. They'll suburgate, subrogate against auto 1593 01:27:47.960 --> 01:27:50.239 owners and try to get that money back. But in 1594 01:27:50.319 --> 01:27:52.119 the meantime he'll be out as deductible. 1595 01:27:52.279 --> 01:27:54.960 Well, and and that's a great point about the deductible, 1596 01:27:55.039 --> 01:27:57.840 but I can also tell you, Tommy, if you paid 1597 01:27:57.840 --> 01:28:01.079 a deductible under your policy to get this repair done 1598 01:28:01.920 --> 01:28:05.119 and then State Farm goes out and collects from auto owners, 1599 01:28:05.199 --> 01:28:07.840 the very first dollars that they get in will be 1600 01:28:07.960 --> 01:28:11.399 used to refund your deductible, and so you would get 1601 01:28:11.479 --> 01:28:14.000 that money back. So I guess what we're saying is 1602 01:28:14.199 --> 01:28:16.680 this is a surefire way of dealing with the company 1603 01:28:16.760 --> 01:28:19.880 that you do have a contract with, that has to 1604 01:28:20.000 --> 01:28:22.640 deal with you, that has to go through the claims 1605 01:28:22.720 --> 01:28:25.399 process with you, and then sometimes you just let them 1606 01:28:25.960 --> 01:28:28.279 go deal with collecting the money out of auto owners. 1607 01:28:28.399 --> 01:28:30.319 But I have a question, Brian, if he does have 1608 01:28:30.479 --> 01:28:33.960 to submit a claim through his own homeowner's insurance, would 1609 01:28:33.960 --> 01:28:36.039 that affect his renewal when that comes up. 1610 01:28:36.920 --> 01:28:39.880 I don't think it would affect his renewal. I hear 1611 01:28:39.960 --> 01:28:42.800 what you're saying, Susan. I'm always reluctant to file a 1612 01:28:43.119 --> 01:28:47.479 home claim, specifically because unlike an auto claim, there's not 1613 01:28:47.640 --> 01:28:50.960 such thing as not a fault ultimately on a home. 1614 01:28:51.560 --> 01:28:53.640 But in a case like this, you're talking about a 1615 01:28:53.680 --> 01:28:55.960 lot of money here, and I just I don't think 1616 01:28:56.039 --> 01:29:00.199 it's worth, you know, to sit and wait and wait 1617 01:29:00.279 --> 01:29:03.560 and wait for the other insurance company. But I would 1618 01:29:03.560 --> 01:29:06.000 always be hesitant to file acclaim because it could affect 1619 01:29:06.079 --> 01:29:09.039 him in the future as far as if he's going 1620 01:29:09.079 --> 01:29:11.800 to another carrier, I can see that this is gonna 1621 01:29:11.800 --> 01:29:13.159 be a question that's going to come up that he's 1622 01:29:13.159 --> 01:29:13.840 gonna have to deal with. 1623 01:29:14.479 --> 01:29:16.800 I mean, that's the best way, really, if it were 1624 01:29:17.359 --> 01:29:19.640 you know, if it were me. And here's what I 1625 01:29:19.680 --> 01:29:21.520 can tell you about auto owners. I have a lot 1626 01:29:21.600 --> 01:29:25.640 of clients that have auto owners, and generally speaking, they're 1627 01:29:25.680 --> 01:29:29.600 happy with auto owners. But I've also handled a million 1628 01:29:29.760 --> 01:29:32.399 claims against auto owners for clients that have been hit 1629 01:29:32.520 --> 01:29:34.319 by insurance of auto owners. 1630 01:29:34.960 --> 01:29:37.680 And here's what I can tell you, without exception, they 1631 01:29:37.720 --> 01:29:38.560 are slow to pay. 1632 01:29:39.319 --> 01:29:42.920 They will make the most ridiculous low offer that you've 1633 01:29:42.960 --> 01:29:47.079 ever heard of and Nicol and DIMEU. They will eventually pay, 1634 01:29:47.359 --> 01:29:49.920 and they will eventually pay a fair amount, but it 1635 01:29:50.079 --> 01:29:55.039 takes forever. So what you're experiencing is pretty consistent with 1636 01:29:55.199 --> 01:29:58.600 what I experience with my clients. And the only sure 1637 01:29:58.720 --> 01:30:02.199 way to speed that up would be to follow lawsuit. 1638 01:30:02.279 --> 01:30:04.640 But it's not something that I would ever really recommend 1639 01:30:05.119 --> 01:30:07.880 that you do on your own. But you know, because 1640 01:30:07.920 --> 01:30:10.960 I can't recommend that you spend the fees, that leads 1641 01:30:11.000 --> 01:30:12.800 you with the only other option, which is to go 1642 01:30:12.880 --> 01:30:14.239 to your own insurance company. 1643 01:30:14.840 --> 01:30:16.960 All right, not to what I was trying to avoid 1644 01:30:17.039 --> 01:30:19.920 because you and I only because I don't know if 1645 01:30:19.960 --> 01:30:23.079 that shows up as a mark on her home owner's 1646 01:30:23.159 --> 01:30:25.279 insurance or again share or not. 1647 01:30:25.520 --> 01:30:27.920 Here, I'll give you one more option. Why don't you 1648 01:30:28.399 --> 01:30:32.359 give him my contact information? I don't mind calling the 1649 01:30:32.800 --> 01:30:36.159 contacts I have at Auto Owners and see if I 1650 01:30:36.239 --> 01:30:40.039 could maybe figure out what's going on. I'm not the agent, 1651 01:30:40.199 --> 01:30:43.319 I'm guessing for the person that was involved, but so 1652 01:30:43.439 --> 01:30:45.880 they won't give me details, but I could at least 1653 01:30:45.920 --> 01:30:47.760 try to push it up the ladder to say, hey, 1654 01:30:47.880 --> 01:30:49.960 can you look at this claim that's going on? And 1655 01:30:50.520 --> 01:30:52.880 this guy's sitting here waiting. You know his house is 1656 01:30:53.760 --> 01:30:56.319 destroyed over here. We need to get something going for him. 1657 01:30:56.439 --> 01:30:59.680 So thinks awesome doing that. I think that's awesome, Brian. 1658 01:30:59.720 --> 01:31:00.560 Thanks doing yay. 1659 01:31:00.640 --> 01:31:04.079 Brian Burns with Compass Insurance Theeinsurancehelp Center dot com three 1660 01:31:04.159 --> 01:31:07.399 oh three nine ninety six nine thousand. Thank you so much, Kelly, 1661 01:31:07.479 --> 01:31:09.560 give him, Give Tommy Brian's information. 1662 01:31:17.960 --> 01:31:21.199 Go with a sure thing Denver's Best roofer Excel Roofing 1663 01:31:21.319 --> 01:31:21.720 dot com. 1664 01:31:21.920 --> 01:31:25.199 You don't pay a cent until you're content than. 1665 01:31:27.319 --> 01:31:30.479 Time for an insurance check up free no obligation comparison 1666 01:31:30.640 --> 01:31:34.199 call Compass Insurance paying too much your coverage at dozens 1667 01:31:34.199 --> 01:31:36.920 of insurance companies find out now three oh three seven 1668 01:31:37.039 --> 01:31:39.840 seven to one help. You'll think you're his only customer 1669 01:31:39.880 --> 01:31:42.079 when you choose Frank durand the real estate Man dot 1670 01:31:42.199 --> 01:31:45.479 com to list your home with Remax Alliance three oh 1671 01:31:45.520 --> 01:31:47.439 three nine two zero sixteen twenty two. 1672 01:31:50.279 --> 01:31:54.279 Welcome back to the Tom Martine Show. This is John 1673 01:31:54.359 --> 01:31:57.479 Fuller fitting in for Mark and Tom today on the 1674 01:31:57.720 --> 01:32:00.560 longest running show in the country with the same host, Martino. 1675 01:32:00.640 --> 01:32:03.680 We are here to help you with all of your problems. 1676 01:32:03.800 --> 01:32:05.760 Give us a call today. The number is three oh 1677 01:32:05.840 --> 01:32:10.399 three seven one three eight two five five. My primary focus. 1678 01:32:10.560 --> 01:32:14.960 I'm an attorney. I handle automobile accidents, and I'm privileged 1679 01:32:15.000 --> 01:32:17.760 to be sitting next to one of my dearest clients 1680 01:32:18.279 --> 01:32:20.279 over the years whose a major Yeah, for. 1681 01:32:20.359 --> 01:32:23.439 Sure, I've always appreciated your help, John, and I know 1682 01:32:23.560 --> 01:32:26.399 Mark has two I do have a question for you, though, sure, 1683 01:32:26.760 --> 01:32:30.319 so I how important is it that people call you 1684 01:32:30.479 --> 01:32:33.199 early after an accident? And I only asked this because 1685 01:32:33.640 --> 01:32:36.760 when Mark and I were hit sideswipe there in Castle 1686 01:32:36.880 --> 01:32:39.800 Rock and my face was all busted up, I refused 1687 01:32:39.840 --> 01:32:41.800 an ambulance right. I thought I was fine. I was 1688 01:32:41.880 --> 01:32:43.880 pretty shooken up. I just wanted to go home and 1689 01:32:43.960 --> 01:32:46.720 go to bed. So I know Mark called you as 1690 01:32:46.720 --> 01:32:50.600 soon as we got home. And then a couple hours later, 1691 01:32:50.920 --> 01:32:52.640 I went to get a glass of water and I 1692 01:32:52.680 --> 01:32:54.439 couldn't even make it back to my bedroom and I 1693 01:32:54.479 --> 01:32:56.479 felt like I was going to faint, and Mark called 1694 01:32:56.520 --> 01:32:59.239 you and said get her to the hospital now. And 1695 01:32:59.359 --> 01:33:01.520 so it's just do you do that for every client? 1696 01:33:01.640 --> 01:33:04.880 And how important is it that people call you early 1697 01:33:05.079 --> 01:33:07.920 like that, like within the first couple of hours, even 1698 01:33:07.960 --> 01:33:09.359 if someone thinks they're fine. 1699 01:33:10.000 --> 01:33:12.359 So you've kind of got two issues going on there. 1700 01:33:12.880 --> 01:33:15.720 I recall the phone call from Mark the day that 1701 01:33:15.800 --> 01:33:18.359 you guys got in the accident. I was actually fishing 1702 01:33:18.439 --> 01:33:20.600 up in Wyoming and got a call from you guys, 1703 01:33:20.680 --> 01:33:23.199 and I was glad that I did. I was able 1704 01:33:23.239 --> 01:33:24.920 to help and kind of get things started off on 1705 01:33:25.000 --> 01:33:27.960 the right track. And that really is the important thing, 1706 01:33:28.079 --> 01:33:31.920 is that you know, people don't know necessarily what to 1707 01:33:32.079 --> 01:33:34.479 do when they've been in that accident. You know, what 1708 01:33:35.079 --> 01:33:36.920 do we go to our PCP doctor? Do we go 1709 01:33:37.000 --> 01:33:37.600 to the hospital. 1710 01:33:37.640 --> 01:33:39.600 There's an ambulance hitting here that I know is going 1711 01:33:39.680 --> 01:33:40.479 to charge me money. 1712 01:33:41.079 --> 01:33:41.600 What do we do? 1713 01:33:41.760 --> 01:33:42.279 Where do we go? 1714 01:33:42.560 --> 01:33:46.239 Sometimes there's multiple people involved, there's three or four vehicles. 1715 01:33:46.279 --> 01:33:49.920 Sometimes it's scary, and people don't know what the right 1716 01:33:50.000 --> 01:33:53.039 thing to do is. And so the other side of 1717 01:33:53.119 --> 01:33:55.960 the coin is that, in my heart of hearts, I 1718 01:33:56.079 --> 01:33:59.199 truly believe that if I get involved in a case 1719 01:33:59.800 --> 01:34:03.800 early on in the process, that when we're all said 1720 01:34:03.880 --> 01:34:07.399 and done, I genuinely feel like I can put twenty 1721 01:34:07.479 --> 01:34:10.399 five to thirty percent more money in your pocket, just 1722 01:34:10.560 --> 01:34:13.680 because we set everything up right from the beginning, gotcha. 1723 01:34:13.880 --> 01:34:17.079 And so when we were talking earlier about health insurance 1724 01:34:17.159 --> 01:34:20.600 and Medicaid and Medicare and medpay and all this stuff. 1725 01:34:21.560 --> 01:34:25.720 It really matters how you structure that stuff and what 1726 01:34:25.920 --> 01:34:29.560 goes first. You know, sometimes people have these crazy high 1727 01:34:29.600 --> 01:34:32.960 deductibles in today's world, and it's nothing to have, you know, 1728 01:34:33.079 --> 01:34:35.199 five or six thousand dollars that you have to come 1729 01:34:35.279 --> 01:34:38.640 out of your pocket first. You know, even though you 1730 01:34:38.760 --> 01:34:41.680 weren't at fault and you've got everything else going on 1731 01:34:41.800 --> 01:34:43.600 and you're out of work and all that, they still 1732 01:34:43.640 --> 01:34:45.880 want you to pay that first six grand. 1733 01:34:45.960 --> 01:34:46.079 You know. 1734 01:34:46.680 --> 01:34:51.159 That's where medpay comes in. But it's only good if 1735 01:34:51.279 --> 01:34:54.880 the hospital didn't build a medpay and take every penny of. 1736 01:34:54.920 --> 01:34:55.880 It upfront and stuff. 1737 01:34:55.960 --> 01:34:58.920 So you've got to really know how these things are 1738 01:34:58.960 --> 01:35:01.880 supposed to work to get them to work best for you, 1739 01:35:02.399 --> 01:35:05.319 got it, And if you do, then at the end 1740 01:35:05.399 --> 01:35:08.159 of the day, there's going to be a better outcome, 1741 01:35:08.560 --> 01:35:11.119 you know, And that doesn't that's before we even get 1742 01:35:11.159 --> 01:35:13.760 to look at what kind of insurance the other guy 1743 01:35:13.880 --> 01:35:16.079 has or how much or any of that stuff. That's 1744 01:35:16.319 --> 01:35:19.880 just a matter of structuring your insurance to work best 1745 01:35:20.039 --> 01:35:20.279 for you. 1746 01:35:20.600 --> 01:35:22.640 Well, I know, we needed someone to think straight for 1747 01:35:22.800 --> 01:35:25.600 us because we were so jarred and rattled from the accident. 1748 01:35:25.800 --> 01:35:28.079 We couldn't think on neither of us. And I was 1749 01:35:28.319 --> 01:35:31.439 more hurt than Mark was, but it was you know, 1750 01:35:31.680 --> 01:35:34.199 it's nice having someone hold your hand through the process, 1751 01:35:34.319 --> 01:35:36.319 and we'll thank you, give you the steps, you know, 1752 01:35:36.560 --> 01:35:39.199 so John Fuller three oh three five nine seven forty 1753 01:35:39.239 --> 01:35:40.479 five hundred, give him a call. 1754 01:35:40.920 --> 01:35:43.319 Appreciate that, and we're going to go to a caller. Now, Drew, 1755 01:35:44.199 --> 01:35:45.800 what is going on with you, sir? 1756 01:35:47.159 --> 01:35:52.039 Yes, sir, I am being harassed and T Bank is 1757 01:35:52.279 --> 01:35:53.319 stealing my money. 1758 01:35:53.960 --> 01:35:56.640 Oh tell me more, Okay. 1759 01:35:57.479 --> 01:35:59.720 I was staying in a hotel. The last time I 1760 01:35:59.840 --> 01:36:02.720 was there, there was no heed. I immediately walked out 1761 01:36:03.199 --> 01:36:06.039 and I asked TD bank to put a stop payment 1762 01:36:06.479 --> 01:36:10.359 on the final night in the hotel. They wrote me 1763 01:36:10.520 --> 01:36:13.439 back that they would only put a stop payment. This 1764 01:36:13.560 --> 01:36:18.000 is in writing. I had to find somebody else who 1765 01:36:18.159 --> 01:36:21.520 is also so swindled by the hotel. I had to 1766 01:36:21.560 --> 01:36:25.520 find some other merchant. That's ridiculous. I was supposed to 1767 01:36:25.560 --> 01:36:28.760 go throughout it with New Providence, New Jersey. I'm supposed 1768 01:36:28.760 --> 01:36:31.840 to go throughout New Providence looking for another merchant who 1769 01:36:31.920 --> 01:36:34.960 didn't have heat in the hotel, So that's wrong. So 1770 01:36:35.159 --> 01:36:38.920 the director of the TD Bank said it should be 1771 01:36:39.000 --> 01:36:41.199 put back in my bank account. TD Bank has not 1772 01:36:41.439 --> 01:36:43.119 done that, okay. 1773 01:36:43.239 --> 01:36:45.119 So let me ask you a couple of questions. Did 1774 01:36:45.199 --> 01:36:47.039 this happen in Providence. 1775 01:36:47.680 --> 01:36:49.079 New Providence, New Jersey? 1776 01:36:49.319 --> 01:36:51.399 Okay? And when when was this? 1777 01:36:53.079 --> 01:36:55.920 Who is back a year and a half ago. I 1778 01:36:56.000 --> 01:36:58.159 didn't do anything because I thought they had put the 1779 01:36:58.159 --> 01:37:01.159 money back in my bank account. Now I find out 1780 01:37:01.239 --> 01:37:01.720 they didn't. 1781 01:37:01.960 --> 01:37:04.479 Why didn't you just ask the hotel for a refund, Drew? 1782 01:37:05.279 --> 01:37:07.039 Why did you go through Why didn't you just ask 1783 01:37:07.119 --> 01:37:09.239 the hotel for a refund for no heat? Why did 1784 01:37:09.279 --> 01:37:11.239 you have to go through your bank first? 1785 01:37:12.159 --> 01:37:14.319 The hotel was going to give me a refund, but 1786 01:37:14.399 --> 01:37:16.039 when the bank said they were going to do it, 1787 01:37:16.600 --> 01:37:19.600 I didn't want to take two refunds, so I let 1788 01:37:19.640 --> 01:37:21.520 the bank supposedly do it, but they didn't do it. 1789 01:37:21.920 --> 01:37:24.800 They also harassed me. If I got to the bank 1790 01:37:24.880 --> 01:37:28.199 at four forty five, the bank closes at five, I 1791 01:37:28.399 --> 01:37:31.720 was in line and then I was thrown out of 1792 01:37:31.760 --> 01:37:34.239 the bank at five o'clock. They refused to wait on me. 1793 01:37:34.760 --> 01:37:38.760 They're simply harassing me because I reported this and another 1794 01:37:38.920 --> 01:37:42.399 thing somebody used my bank card and charged one hundred 1795 01:37:42.399 --> 01:37:45.960 and seventy dollars. I tried pulling it into customer service. 1796 01:37:46.439 --> 01:37:50.720 I gave them my name, birthday address, social security number, 1797 01:37:51.119 --> 01:37:55.199 phone number, and even the recent transaction, and they said 1798 01:37:55.239 --> 01:38:00.399 that was not enough to identify myself. So ridiculu true. 1799 01:38:00.479 --> 01:38:04.079 Is there any connection between the erroneous debit card and 1800 01:38:04.159 --> 01:38:04.640 the hotel? 1801 01:38:04.720 --> 01:38:05.159 Do you think? 1802 01:38:07.000 --> 01:38:09.039 I don't know whether there's a connection between the bank 1803 01:38:09.079 --> 01:38:12.439 and a hotel. I feel that the bank that a 1804 01:38:12.520 --> 01:38:16.560 couple people there are harassing me when I went into 1805 01:38:17.199 --> 01:38:19.640 report and asked or stop payment. 1806 01:38:20.000 --> 01:38:23.399 Really, we've got different things. Hold on, We've got three 1807 01:38:23.439 --> 01:38:26.039 different things going on here. You're not happy with the hotel, 1808 01:38:26.439 --> 01:38:29.600 You're not happy with the bank handled your stop payment request, 1809 01:38:30.119 --> 01:38:33.039 and on top of all that, somebody used your debit card, 1810 01:38:33.600 --> 01:38:36.479 and then really the cloud hanging over all of that. 1811 01:38:36.760 --> 01:38:39.359 Is just really crappy customer service at the TD bank. 1812 01:38:39.720 --> 01:38:40.760 Have I got that figured out? 1813 01:38:42.720 --> 01:38:45.920 They're the most convenient bank as far as I'm concerned, 1814 01:38:45.960 --> 01:38:47.640 They're the most inconvenient bank. 1815 01:38:48.399 --> 01:38:51.880 And so you gave them all ID when we ran 1816 01:38:52.000 --> 01:38:53.680 into trouble with the bank. 1817 01:38:53.760 --> 01:38:55.640 Why didn't you go back to the hotel and say, 1818 01:38:55.680 --> 01:38:57.319 you know, it was too much trouble with the bank, 1819 01:38:57.479 --> 01:38:58.920 just go ahead and give me my money back. 1820 01:39:00.199 --> 01:39:03.560 I might have to do that, but I don't know 1821 01:39:03.600 --> 01:39:05.600 if the hotel is going to remember from. 1822 01:39:07.840 --> 01:39:10.640 Well, you've got the documentation from your bank that proves 1823 01:39:10.680 --> 01:39:13.760 that you were there and that they build you right right. 1824 01:39:14.880 --> 01:39:17.439 That I think is pretty pretty much proof that you 1825 01:39:17.520 --> 01:39:19.439 were there and they can look it up. But I mean, 1826 01:39:19.880 --> 01:39:22.920 have you know, listen, you got to vote with your 1827 01:39:22.960 --> 01:39:25.560 feet in these situations. And if a company is not 1828 01:39:25.680 --> 01:39:28.840 willing to provide you the level of customer service that 1829 01:39:28.960 --> 01:39:32.399 you feel like you're owed, then you know there's plenty 1830 01:39:32.439 --> 01:39:34.720 of other banks out there that are really trying to 1831 01:39:34.800 --> 01:39:37.439 take your money. So we're going to come back and 1832 01:39:37.479 --> 01:39:39.520 revisit the rest of those issues in just a moment. 1833 01:39:39.600 --> 01:39:47.600 Hang on, Drew, go with a sure thing Denver's Best 1834 01:39:47.720 --> 01:39:50.520 roofer Excel roofing dot com. You don't pay a cent 1835 01:39:50.760 --> 01:39:56.800 until you're content. Time for an insurance check up free, 1836 01:39:56.920 --> 01:40:00.640 no obligation. In comparison, call Compass insurance paying too much 1837 01:40:00.760 --> 01:40:03.680 your coverage at dozens of insurance companies find out now 1838 01:40:03.800 --> 01:40:06.039 three all three seven to seven to one help You'll 1839 01:40:06.079 --> 01:40:08.840 think you're his only customer when you choose Frank durand 1840 01:40:08.840 --> 01:40:11.279 the real estate man dot Com to list your home 1841 01:40:11.520 --> 01:40:14.680 with Remax Alliance three All three nine two zero sixteen 1842 01:40:14.720 --> 01:40:15.239 twenty two. 1843 01:40:29.680 --> 01:40:33.239 Hey, welcome back to the Tom Martino Show. We are here. 1844 01:40:33.600 --> 01:40:34.560 My name is John Fuller. 1845 01:40:34.600 --> 01:40:36.880 I'm in a personal injury attorney here in Denver, Colorado, 1846 01:40:37.279 --> 01:40:39.800 filling in for Tom and Mark today with the wonderful 1847 01:40:39.920 --> 01:40:43.319 Suzanne right next to me helping out. And we had 1848 01:40:43.399 --> 01:40:45.439 been on the phone with Drew for a while. I'm 1849 01:40:45.439 --> 01:40:47.880 going to recap that issue. After Drew, We're going to 1850 01:40:47.960 --> 01:40:50.920 talk to Mike with an issue with Phil Long. But 1851 01:40:51.760 --> 01:40:55.399 in a nutshell, Drew was staying in a hotel in Providence, 1852 01:40:55.479 --> 01:40:59.800 New Jersey, I believe, and found the heat to not 1853 01:41:00.119 --> 01:41:03.399 be working correctly, so bad so that he decided to 1854 01:41:03.479 --> 01:41:07.159 leave the hotel and take it up with his bank 1855 01:41:07.279 --> 01:41:12.600 the next day and attempted to stop payment on that 1856 01:41:12.920 --> 01:41:16.000 night's worth of the rent, and not quite sure exactly 1857 01:41:16.079 --> 01:41:18.680 how the bank was supposed to figure out which or 1858 01:41:18.760 --> 01:41:22.119 what portion of the charge they were trying to reverse, 1859 01:41:22.239 --> 01:41:26.000 but nonetheless those efforts have failed. A year and a 1860 01:41:26.039 --> 01:41:28.920 half has gone by, Drew still with the same bank, 1861 01:41:29.199 --> 01:41:32.439 has never gotten his money back and now is upset 1862 01:41:32.640 --> 01:41:35.159 with They tried to apparently throw him out of the 1863 01:41:35.520 --> 01:41:38.960 local branch because he showed up at fifteen minutes before 1864 01:41:39.000 --> 01:41:42.600 the end of the workday. And then, to add insult 1865 01:41:42.680 --> 01:41:46.479 to injury, somebody used his debit card and ran off 1866 01:41:46.520 --> 01:41:50.000 one hundred and forty dollars charge that nobody. 1867 01:41:49.640 --> 01:41:53.800 Seems to have straightened out for you? Is that fair, Drew? 1868 01:41:53.920 --> 01:41:56.960 Did I did I accurately recount the issues that you have? 1869 01:41:58.000 --> 01:41:59.720 You did a very good job, except there was a 1870 01:42:00.319 --> 01:42:01.119 seventy oh. 1871 01:42:01.079 --> 01:42:04.479 One hundred and seventy bye, Sorry about that. So where 1872 01:42:04.640 --> 01:42:05.960 was one hundred and seventy spent? 1873 01:42:06.119 --> 01:42:06.439 Do you know? 1874 01:42:07.880 --> 01:42:08.000 Uh? 1875 01:42:08.239 --> 01:42:12.920 Supposedly it was spent at best Buy. It wasn't done 1876 01:42:13.000 --> 01:42:15.800 by me because I don't use that card and I 1877 01:42:15.920 --> 01:42:17.600 haven't been in best Buy in a year. 1878 01:42:17.800 --> 01:42:20.680 So did you file a complaint with TD bank about 1879 01:42:20.760 --> 01:42:21.520 that charge? 1880 01:42:22.520 --> 01:42:25.479 I tried to. What happened was I gave them all 1881 01:42:25.600 --> 01:42:28.960 my information, like I told you, even the transaction that 1882 01:42:29.039 --> 01:42:32.039 I did at the bank that day I address social 1883 01:42:32.079 --> 01:42:36.520 Security birthday, yeah right, and they said it's not enough information. 1884 01:42:36.960 --> 01:42:38.840 Did you walk in the branch o, were you trying 1885 01:42:38.880 --> 01:42:39.840 to do that over the phone. 1886 01:42:40.600 --> 01:42:40.880 Phone. 1887 01:42:41.359 --> 01:42:44.359 Yeah, you know, that's one of the lessons that I 1888 01:42:44.479 --> 01:42:48.640 think it's just hard for people to accept. But if 1889 01:42:48.680 --> 01:42:52.000 you're a person that carries a debit card, you have 1890 01:42:52.159 --> 01:42:55.079 to understand that there's almost no protection for you as 1891 01:42:55.119 --> 01:42:57.840 a consumer for charges that get made on that debit card. 1892 01:42:57.960 --> 01:42:59.840 It is not a credit card. 1893 01:43:00.359 --> 01:43:03.199 I only used mine for an ATM john. I've never 1894 01:43:03.359 --> 01:43:05.239 used it to purchase I. 1895 01:43:05.279 --> 01:43:07.880 Don't even do that. I learned that lesson the hard way. 1896 01:43:08.000 --> 01:43:10.640 One day I used my card and I, you know, 1897 01:43:11.319 --> 01:43:13.560 I just used the debit because I didn't want to 1898 01:43:13.600 --> 01:43:14.239 run up debt. 1899 01:43:14.279 --> 01:43:15.520 I just thought that was crazy. 1900 01:43:16.479 --> 01:43:19.720 And no sooner than I had gone through a particular 1901 01:43:19.880 --> 01:43:22.279 drive through, I think I had gotten back to my office, 1902 01:43:22.319 --> 01:43:27.359 which was all of like seven minutes away, and somebody 1903 01:43:27.520 --> 01:43:30.279 was at Walmart running up five or six hundred dollars 1904 01:43:31.159 --> 01:43:35.359 in no time. And here's the crazy thing about it, 1905 01:43:35.520 --> 01:43:39.920 Like I can't individually go and file a complaint with 1906 01:43:40.039 --> 01:43:42.479 the police because they consider the bank to be the 1907 01:43:42.600 --> 01:43:45.079 victim of it. So my only recourse is to go 1908 01:43:45.199 --> 01:43:47.000 back and deal with the bank, and then they can 1909 01:43:47.119 --> 01:43:48.680 do whatever they want to do with the fraud. 1910 01:43:49.119 --> 01:43:50.279 It was really eye opening. 1911 01:43:50.399 --> 01:43:52.079 But the long and the short of it is, and 1912 01:43:52.159 --> 01:43:55.199 we've had callers on the show before, if you choose 1913 01:43:55.279 --> 01:43:57.359 to use a debit card, you do it at your 1914 01:43:57.399 --> 01:44:00.159 own risk, and there's a really good chance that if 1915 01:44:00.199 --> 01:44:03.039 something happens or you get defrauded, there's not going to 1916 01:44:03.079 --> 01:44:04.439 be any recourse from the bank. 1917 01:44:05.079 --> 01:44:06.439 Is that kind of what they're telling you, Drew? 1918 01:44:07.840 --> 01:44:09.960 Well, what they told me was all the stuff I 1919 01:44:10.039 --> 01:44:12.520 gave him was not enough. They wanted to give me 1920 01:44:12.600 --> 01:44:15.479 a code through the phone. But then they told me 1921 01:44:16.159 --> 01:44:18.720 that a phone company could charge me a big phone 1922 01:44:18.760 --> 01:44:21.560 bill if I looked them give me a code through 1923 01:44:21.600 --> 01:44:22.079 the phone. 1924 01:44:23.319 --> 01:44:25.600 Well, I don't know anything about that. I think, Drew, 1925 01:44:25.640 --> 01:44:27.359 you're probably going to need to try to walk back 1926 01:44:27.399 --> 01:44:30.840 in there during normal business hours and see if you 1927 01:44:30.920 --> 01:44:34.520 can't follow a complaint and allege the fraud. Normally, if 1928 01:44:34.560 --> 01:44:36.840 they decide that fraud actually happened, they're going to put 1929 01:44:36.880 --> 01:44:39.199 that money back in your account and at least you'll 1930 01:44:39.199 --> 01:44:40.520 get a little bit of relief out of it. 1931 01:44:40.800 --> 01:44:41.600 Thanks for the culture. 1932 01:44:41.680 --> 01:44:42.279 We forgot it. 1933 01:44:42.319 --> 01:44:45.520 Another hour ago, John on the show. 1934 01:44:45.560 --> 01:44:58.239 All right to look at court, go with a sure thing. 1935 01:44:58.399 --> 01:45:01.720 Denver's best roofer Well Roofing dot com. You don't pay 1936 01:45:01.720 --> 01:45:07.840 a cent until you're content. Time for an insurance check 1937 01:45:07.920 --> 01:45:11.720 up free, no obligation. In comparison, call Compass Insurance. Pay 1938 01:45:11.800 --> 01:45:14.840 too much your coverage at dozens of insurance companies find 1939 01:45:14.880 --> 01:45:17.199 out now three oh three seven seven to one help. 1940 01:45:17.399 --> 01:45:20.039 You'll think you're his only customer when you choose Frank 1941 01:45:20.079 --> 01:45:22.520 durand the real estate Man dot com to list your 1942 01:45:22.560 --> 01:45:25.680 home with Remax Alliance three oh three nine two zero 1943 01:45:25.800 --> 01:45:26.760 sixteen twenty two. 1944 01:45:27.720 --> 01:45:33.039 Yeah, ripped. 1945 01:45:34.680 --> 01:45:37.720 News need so you don't have. 1946 01:45:40.359 --> 01:45:42.359 Run insistas as we can. 1947 01:45:43.239 --> 01:45:46.399 Shooter's gonna help Come Man. 1948 01:45:47.079 --> 01:45:54.000 Six is the Troubleshooter Show Now, Tom Martine, Welcome. 1949 01:45:53.439 --> 01:45:56.439 Back to the Tom Martino Show. My name is John Fuller. 1950 01:45:56.840 --> 01:45:59.039 I am filling in for Tom and Mark today on 1951 01:45:59.199 --> 01:46:01.920 the Only sho It's kind where we solve problems, answer 1952 01:46:02.039 --> 01:46:05.199 questions and take complaints. We are here to help you 1953 01:46:05.279 --> 01:46:08.640 out today. The phone number is Area GO three three 1954 01:46:08.760 --> 01:46:11.000 seven one three eight two five five. Give us a call. 1955 01:46:11.359 --> 01:46:13.920 We'd love to help you out with your problem. Sitting 1956 01:46:14.000 --> 01:46:17.199 here with me in the studio today is as always 1957 01:46:17.319 --> 01:46:20.159 Doc and the lovely Suzanne here by my side to 1958 01:46:20.199 --> 01:46:23.359 help me out. Hey, Sean, Hey, yeah, you've got a 1959 01:46:23.399 --> 01:46:24.720 couple questions over there, I do. 1960 01:46:24.840 --> 01:46:27.640 I wanted to know something since you're a personal injury attorney, 1961 01:46:28.800 --> 01:46:31.720 if I get a ticket when when an accident happens, 1962 01:46:31.720 --> 01:46:33.880 when I'm in an accident. Let's say I'm speeding, which 1963 01:46:33.920 --> 01:46:36.520 I would never do so, but if I were speeding 1964 01:46:36.560 --> 01:46:38.880 and got a ticket for that or you know, asked 1965 01:46:39.359 --> 01:46:41.359 during the accident, does that make. 1966 01:46:41.279 --> 01:46:41.920 Me at fault? 1967 01:46:43.279 --> 01:46:43.319 No? 1968 01:46:44.199 --> 01:46:47.000 So, you know, here's the thing. 1969 01:46:47.279 --> 01:46:51.680 Normally, there's not multiple tickets given to multiple parties when 1970 01:46:51.680 --> 01:46:53.840 you have an accident. There's one guy that's going to 1971 01:46:53.880 --> 01:46:58.840 be charged with careless or DUI or something, or reckless 1972 01:46:59.000 --> 01:47:02.319 driving or something like that. And that's pretty despositive of 1973 01:47:02.399 --> 01:47:03.680 the issue of who's at fault. 1974 01:47:04.800 --> 01:47:05.640 But not always. 1975 01:47:05.760 --> 01:47:09.119 So I've had cases where you know, a person is 1976 01:47:09.319 --> 01:47:12.600 not at fault for the accident, but they just happened 1977 01:47:12.640 --> 01:47:14.479 to be drunk at the same time, so they got 1978 01:47:14.520 --> 01:47:18.239 a DUI. But being drunk didn't cause the accident, Like 1979 01:47:18.319 --> 01:47:20.399 you can be drunk at a red light and get 1980 01:47:20.479 --> 01:47:23.520 rear ended. Being drunk didn't cause it wasn't about. 1981 01:47:23.279 --> 01:47:25.520 To give the other party a good case though, Like, hey, 1982 01:47:25.640 --> 01:47:28.039 you're saying I'm at fault, but this guy was drunk 1983 01:47:28.119 --> 01:47:28.880 when this happened. 1984 01:47:28.920 --> 01:47:33.760 Yeah, and so I've even responded that, yeah, and you're 1985 01:47:33.800 --> 01:47:35.840 lucky they were because they were nice and relaxed and 1986 01:47:35.880 --> 01:47:38.520 they got less hurt as a result of you running 1987 01:47:38.600 --> 01:47:39.039 into them. 1988 01:47:39.079 --> 01:47:40.920 But really the two aren't connected. 1989 01:47:41.079 --> 01:47:42.960 I mean, the fact that the person was drunk, if 1990 01:47:43.000 --> 01:47:47.119 they did nothing wrong, they did not do anything negligently 1991 01:47:47.319 --> 01:47:48.439 to cause the accident. 1992 01:47:48.840 --> 01:47:51.960 It's a non issue. So so good question. 1993 01:47:52.640 --> 01:47:55.279 Do you ever deal with like road rage accidents where 1994 01:47:55.319 --> 01:47:58.079 there's personal injury as well? And I mean that must 1995 01:47:58.119 --> 01:47:59.880 get a little bit hairy as well, because you have 1996 01:48:00.079 --> 01:48:03.199 two people accusing each other of you know, pointing fingers 1997 01:48:03.279 --> 01:48:04.119 of who started what. 1998 01:48:04.840 --> 01:48:08.159 Yeah, yeah, unfortunately we do. So so here's kind of 1999 01:48:08.199 --> 01:48:08.479 the thing. 2000 01:48:09.119 --> 01:48:11.199 You know, road rage is one of those things that 2001 01:48:11.359 --> 01:48:15.560 tiptoes over the line into intentional conduct. Okay, whenever you 2002 01:48:15.560 --> 01:48:17.920 you know, pull off the road and try to get 2003 01:48:17.960 --> 01:48:20.119 in a fight, or god forbid, pull a gun or 2004 01:48:20.159 --> 01:48:23.520 do something crazy like that, that's an intentional act. And 2005 01:48:23.680 --> 01:48:26.760 intentional acts aren't negligence. They're not going to be covered 2006 01:48:26.800 --> 01:48:30.279 by your insurance. And so if if that happens and 2007 01:48:30.600 --> 01:48:34.439 and you know, God forbid, somebody gets injured or shot 2008 01:48:34.600 --> 01:48:37.399 or you know, beat up or something, chances are pretty 2009 01:48:37.439 --> 01:48:41.079 good that their insurance company's going to deny that coverage completely. 2010 01:48:41.199 --> 01:48:42.560 Oh, because it's a criminal case. 2011 01:48:42.600 --> 01:48:45.159 At that point, it's not so much criminal, but it's intentional. 2012 01:48:45.720 --> 01:48:48.439 So insurance can only cover you for things that were 2013 01:48:49.079 --> 01:48:52.439 that were accidental, that were negligence, right, something that you 2014 01:48:52.560 --> 01:48:55.600 didn't intend to happen. If you steered over on the 2015 01:48:55.680 --> 01:48:58.359 sidewalk and ran over somebody because they had a Raiders 2016 01:48:58.399 --> 01:49:01.000 shirt on, there'd be no in insurance coverage for that. 2017 01:49:01.199 --> 01:49:02.840 That would be an intentional act. 2018 01:49:03.079 --> 01:49:05.840 So if you're irritated at me and we're both driving 2019 01:49:05.880 --> 01:49:09.079 and you do something intentionally to cause us to collide 2020 01:49:09.199 --> 01:49:13.640 or whatever, your insurance can deny covering my damages. 2021 01:49:13.760 --> 01:49:13.920 Yep. 2022 01:49:14.000 --> 01:49:17.439 Absolutely, they're going to deny that completely because what I 2023 01:49:17.560 --> 01:49:19.079 did was an intentional act. 2024 01:49:19.279 --> 01:49:21.520 Is that where you get a personal injury attorney involved 2025 01:49:21.520 --> 01:49:22.479 in to help with that? 2026 01:49:22.520 --> 01:49:25.159 Maybe the case that the PI attorney can't do anything 2027 01:49:25.239 --> 01:49:28.720 to help you because we can only go I mean literally, 2028 01:49:28.800 --> 01:49:31.640 we can go after the person, but that comes down to, 2029 01:49:32.239 --> 01:49:33.880 you know, are we trying to go after the person 2030 01:49:34.000 --> 01:49:36.920 or after the insurance policy. That's that's where the money is. 2031 01:49:37.119 --> 01:49:39.680 So you know, you could go after that person and 2032 01:49:39.880 --> 01:49:41.720 that's kind of like we were talking with Tom earlier. 2033 01:49:41.800 --> 01:49:44.119 You know, what's that judgment worth and what do they 2034 01:49:44.199 --> 01:49:44.439 do and. 2035 01:49:44.600 --> 01:49:46.560 Are they going to have to figure out their assets 2036 01:49:46.680 --> 01:49:46.960 and all? 2037 01:49:47.159 --> 01:49:50.960 Yeah, exactly. So really, in my practice, we want people 2038 01:49:51.039 --> 01:49:53.159 to be insured. We want there to be a pot 2039 01:49:53.199 --> 01:49:55.720 of money at the end of the rainbow that if 2040 01:49:55.880 --> 01:49:58.640 we satisfy our burden of proof that we know we're 2041 01:49:58.640 --> 01:50:00.640 going to get paid and the check going to clear 2042 01:50:01.079 --> 01:50:01.720 and spend. 2043 01:50:01.560 --> 01:50:04.279 One hundred and fifty bucks on a cam, a dash cam. 2044 01:50:04.600 --> 01:50:06.359 The best advice you ever gave me, John. 2045 01:50:06.359 --> 01:50:10.720 I can't stress that too much. I've had so many 2046 01:50:10.800 --> 01:50:15.000 cases now where it's a he said, she said case, 2047 01:50:15.039 --> 01:50:18.039 and believe it or not. We hate he said, she 2048 01:50:18.199 --> 01:50:21.359 said cases because many times, unless there's a camera on 2049 01:50:21.439 --> 01:50:25.119 the intersection or an independent witness, we're just never going 2050 01:50:25.159 --> 01:50:27.720 to resolve that. And so the insurance companies on both 2051 01:50:27.800 --> 01:50:31.279 sides say, well, we believe are insured and we're going 2052 01:50:31.359 --> 01:50:33.680 to deny the claim. And so the only way that 2053 01:50:33.760 --> 01:50:36.079 you can resolve that claim is to go fully through 2054 01:50:36.119 --> 01:50:38.520 the litigation process. And it may not be a case 2055 01:50:39.000 --> 01:50:42.399 that really justifies the expense and the time and all 2056 01:50:42.479 --> 01:50:45.600 the you know, the trouble of going through litigation. One 2057 01:50:45.680 --> 01:50:48.239 sure way to eliminate that issue completely. 2058 01:50:48.279 --> 01:50:49.000 Is a dash cam. 2059 01:50:49.520 --> 01:50:52.359 Wow, and it's amazing when you have that full color. 2060 01:50:52.439 --> 01:50:55.199 You're like, we're talking to the insurance adjuster and they're 2061 01:50:55.239 --> 01:50:58.199 giving you all this bs about denying the claim and 2062 01:50:58.239 --> 01:51:00.439 you're like, oh, did I mention that I had the 2063 01:51:00.640 --> 01:51:05.479 entire accident on tape? They're like, no, let me send 2064 01:51:05.520 --> 01:51:08.000 that over to you, and about thirty seconds later they're like, 2065 01:51:08.439 --> 01:51:09.520 we'll accept my ability. 2066 01:51:09.880 --> 01:51:10.319 Done deal. 2067 01:51:10.479 --> 01:51:12.600 So, folks, give John Fuller a call three oh three, 2068 01:51:12.760 --> 01:51:15.399 five nine seven forty five hundred, give them a call 2069 01:51:15.520 --> 01:51:17.239 and get a dash cam for crying out loud. 2070 01:51:17.560 --> 01:51:19.640 Get that dash camp one hundred and fifty bucks at 2071 01:51:19.680 --> 01:51:23.119 Toy Cars. Yeah, I think it's it's money. Well, Spark Toys. 2072 01:51:23.159 --> 01:51:25.920 Excuse me, Mike, you have an issue with Phil Long 2073 01:51:26.000 --> 01:51:27.840 in the Springs. Tell me what's going on, sir. 2074 01:51:29.640 --> 01:51:33.520 Yeah. Hi, So I bought two vehicles from so Long 2075 01:51:33.600 --> 01:51:37.960 eight months ago, and a twenty sixteen Ford Edge and 2076 01:51:38.000 --> 01:51:41.680 a twenty eighteen Ford Edge sixteen for myself. The eighteen 2077 01:51:41.720 --> 01:51:45.800 for my wife traded into vehicles both look Christine's seven 2078 01:51:45.880 --> 01:51:49.319 year warranties. Know the kids who sold me the cars 2079 01:51:49.359 --> 01:51:52.479 as father's the general manager and partner so long, so 2080 01:51:52.600 --> 01:51:53.439 I trusted in them. 2081 01:51:54.159 --> 01:51:54.920 About a month and a. 2082 01:51:54.920 --> 01:51:59.560 Half after we purchased both of these vehicles, my twenty 2083 01:51:59.640 --> 01:52:04.680 six started having some issues on my brakes, and I 2084 01:52:04.760 --> 01:52:06.840 reached out to the guy who's the kid who sold 2085 01:52:06.840 --> 01:52:10.119 me the car, and pretty much got ghosted. And then 2086 01:52:10.760 --> 01:52:12.600 I finally reached out to the dealership and I got 2087 01:52:12.640 --> 01:52:15.199 a hold of the service manager and I told them, look, 2088 01:52:15.239 --> 01:52:18.199 you know something's wrong with my brakes. I need you 2089 01:52:18.279 --> 01:52:22.720 guys to give me a loaner and you know, moving forward. 2090 01:52:22.840 --> 01:52:24.319 So I take my car down there to give me 2091 01:52:24.359 --> 01:52:28.039 a vehicle and they tell me three days later, come 2092 01:52:28.079 --> 01:52:29.439 pick up your car. So I go down to pick 2093 01:52:29.439 --> 01:52:30.399 it up and they say there's. 2094 01:52:30.239 --> 01:52:31.199 Nothing wrong with the brakes. 2095 01:52:32.199 --> 01:52:34.880 I take it to an independent mechanic who's as he certified, 2096 01:52:35.000 --> 01:52:36.439 guy I have been using since I moved out here 2097 01:52:36.439 --> 01:52:40.079 almost six years ago, and he tells me, as they're 2098 01:52:40.119 --> 01:52:42.760 about shot and you're definitely grinding and you're going to 2099 01:52:42.800 --> 01:52:44.159 be metal to metal sooner than later. 2100 01:52:45.359 --> 01:52:47.479 So I let this go. 2101 01:52:47.680 --> 01:52:49.880 For a minute, I got sidetracked. I'm opening up my 2102 01:52:49.920 --> 01:52:51.680 own business out of my home, so I kind of 2103 01:52:51.760 --> 01:52:54.079 just my car's been sitting in the driveway and we've 2104 01:52:54.119 --> 01:52:57.479 been using my wife's twenty eighteen. So in the beginning 2105 01:52:57.479 --> 01:52:59.279 of August, my wife and I decided to take a 2106 01:52:59.359 --> 01:53:02.119 short vacation out to Vegas, and we drove out. We 2107 01:53:02.159 --> 01:53:04.680 wanted to drive from Utahon and whatever. So on the 2108 01:53:04.720 --> 01:53:08.880 way back from Vegas, I start feeling my wife's car 2109 01:53:09.960 --> 01:53:14.239 same thing. So I reach out to so Long and 2110 01:53:14.439 --> 01:53:16.600 I get myself a meeting with Chris to Tone, the 2111 01:53:16.680 --> 01:53:21.039 general manager and partner so Long Forward, and I expressed 2112 01:53:21.079 --> 01:53:23.840 my concerns to him. And while I'm sitting with him, 2113 01:53:23.840 --> 01:53:25.439 I said, Chris, you know I don't understand you know, 2114 01:53:26.079 --> 01:53:28.920 two cars. You know, I'm having the same issues on 2115 01:53:29.000 --> 01:53:32.159 both of these vehicles. And now all of a sudden, 2116 01:53:32.319 --> 01:53:34.680 it's my wife's vehicle and my vehicle can't be driven, 2117 01:53:35.560 --> 01:53:38.439 and I need something done. I said, I want to 2118 01:53:38.479 --> 01:53:41.760 return both of these, take one brand new car. We'll 2119 01:53:41.760 --> 01:53:44.680 figure out the payment and move forward. And you know, 2120 01:53:44.760 --> 01:53:47.439 he sits there and he starts expressing me, well, you 2121 01:53:47.520 --> 01:53:50.039 know that's going to destroy your credit and I said, look, Chris, 2122 01:53:50.600 --> 01:53:52.479 I'm a fifty six year old man. This is my 2123 01:53:52.560 --> 01:53:55.319 first rodeo. I'm not asking. I'm telling you these cars 2124 01:53:55.319 --> 01:53:59.800 aren't safe. And your ase certified mechanic told me there's 2125 01:53:59.840 --> 01:54:02.359 no from wrong with the brakes. And he says to me, 2126 01:54:02.439 --> 01:54:04.159 and I didn't say anything back to him. He says, 2127 01:54:04.479 --> 01:54:08.159 who told you their ASEE certified man? And I thought, huh, 2128 01:54:08.720 --> 01:54:11.199 you're so long forward. So you're hiring Goat mechanics. 2129 01:54:12.359 --> 01:54:12.960 The fact of the. 2130 01:54:12.960 --> 01:54:15.840 Matter is, man, that I've had my wife, my daughter, 2131 01:54:16.319 --> 01:54:19.159 my four grandchildren in both of these vehicles that are 2132 01:54:19.199 --> 01:54:21.800 not safe. I've done. I'm just going to move it 2133 01:54:21.880 --> 01:54:25.079 forward really fast. Because I met with Chris about three 2134 01:54:25.079 --> 01:54:28.119 and a half almost yeah, well it's a month now. 2135 01:54:28.359 --> 01:54:30.159 I met with them on a Wednesday at ten am. 2136 01:54:31.000 --> 01:54:33.119 At eleven fifteen, I left the meeting. He said, Mike, 2137 01:54:33.159 --> 01:54:36.000 give me two hours. I'll get back to you. Thursday 2138 01:54:36.119 --> 01:54:39.319 goes by, Wednesday goes by nothing, Thursday goes. 2139 01:54:39.239 --> 01:54:40.079 By no call. 2140 01:54:40.600 --> 01:54:43.279 So Friday morning, at eleven o'clock, after it was forty 2141 01:54:43.279 --> 01:54:47.119 eight hours, not too I reached back out and I said, look, 2142 01:54:47.560 --> 01:54:50.840 you know, nothing's going on here. And I have two 2143 01:54:50.920 --> 01:54:54.479 unsaved vehicles, and what are we doing here? I said, 2144 01:54:54.479 --> 01:54:56.159 I don't want to have to call an attorney. And 2145 01:54:56.239 --> 01:54:59.319 I was told instantly, well, now that you said you're 2146 01:54:59.319 --> 01:55:01.520 going to call on it to you need to have 2147 01:55:01.640 --> 01:55:05.600 your attorney contact our corporate attorney. And I thought, okay, 2148 01:55:05.680 --> 01:55:07.920 well here we go. I mean, so what I did 2149 01:55:08.079 --> 01:55:10.560 moving forward was I called the bank up in Denver, 2150 01:55:11.239 --> 01:55:14.640 which was Canvas Credit Union, and I did a voluntary 2151 01:55:14.680 --> 01:55:17.199 repo on my wife's card because I stopped payments on that, 2152 01:55:18.279 --> 01:55:20.520 and I stopped paying on the one that's still sitting 2153 01:55:20.560 --> 01:55:25.359 in my driveway. Oh wow, that's due to be repossessed 2154 01:55:25.399 --> 01:55:28.399 on October to twenty fifth. And I have a relationship 2155 01:55:28.479 --> 01:55:30.640 with the bank and the gentleman I dealt with in 2156 01:55:30.800 --> 01:55:34.000 the hold on I'm so sorry. Let me find a 2157 01:55:34.079 --> 01:55:36.560 note here. But the department, he's like the lost mitigation, 2158 01:55:36.680 --> 01:55:40.600 I believe, let's see. 2159 01:55:41.399 --> 01:55:45.079 So why do that? That seems like kind of the 2160 01:55:45.159 --> 01:55:50.199 nuclear really, but why do that? Is it the damage 2161 01:55:50.279 --> 01:55:52.800 done from that greater than the cost of just fixing 2162 01:55:52.840 --> 01:55:53.279 the brakes? 2163 01:55:54.439 --> 01:55:56.720 Well, so the problem is they're telling me they'll have 2164 01:55:56.880 --> 01:55:59.119 somebody look at these two vehicles that I've been paying 2165 01:55:59.159 --> 01:56:02.720 on forts that are not safe, that don't have an 2166 01:56:02.720 --> 01:56:05.840 ASC certified mechanic. And I've been to an attorney who 2167 01:56:05.880 --> 01:56:08.680 said I absolutely have a case. The gentleman who came 2168 01:56:09.079 --> 01:56:10.560 to pick up the car when I called for a 2169 01:56:10.600 --> 01:56:13.520 voluntary repo told me that this is a very common 2170 01:56:13.560 --> 01:56:17.000 issue with still Long and that they don't fix their warranties, 2171 01:56:17.520 --> 01:56:19.760 and that he's picked up more cars from the bank 2172 01:56:20.119 --> 01:56:23.520 people's homes and phill Long themselves that have the same 2173 01:56:23.600 --> 01:56:26.640 issue that I've had. And I have a neighbor who's 2174 01:56:26.640 --> 01:56:29.800 been fighting with so Long here so took her car up. 2175 01:56:30.079 --> 01:56:33.000 Mike, what what warranties did you have on these cars? 2176 01:56:33.039 --> 01:56:36.600 They both are they were they both still in warranty, right, Yeah, but. 2177 01:56:36.640 --> 01:56:38.960 Those warranties wouldn't cover where in tearly breaks. 2178 01:56:40.439 --> 01:56:42.439 What warranty did you think would have covered that. 2179 01:56:42.520 --> 01:56:44.880 Bought these right? Well, we were told when we bought 2180 01:56:44.920 --> 01:56:48.840 these vehicles, guys, that new breaks all around, new tires, 2181 01:56:48.920 --> 01:56:50.479 new windshields, which I can see them. 2182 01:56:50.479 --> 01:56:52.439 I'm gonna pull it, Tom. Do you have that in 2183 01:56:52.560 --> 01:56:55.840 writing that you had that there was going to be 2184 01:56:56.000 --> 01:56:58.359 new breaks. There was there was new this knew that 2185 01:56:58.720 --> 01:57:00.920 If you have that in writing, Mike, you should send 2186 01:57:00.960 --> 01:57:02.840 that over to us. We have an angel over there, 2187 01:57:02.880 --> 01:57:04.119 but you better have it in writing. 2188 01:57:06.479 --> 01:57:08.760 Okay, can you send me give me some information where 2189 01:57:08.760 --> 01:57:09.800 I can send this information? 2190 01:57:09.880 --> 01:57:12.399 So you guys going so Mike attorney? 2191 01:57:12.439 --> 01:57:12.600 Who? 2192 01:57:13.439 --> 01:57:16.000 Okay? So why didn't you hire the attorney and go 2193 01:57:16.159 --> 01:57:16.600 that route? 2194 01:57:16.960 --> 01:57:19.920 Well, I'm looking for a consumer advocate attorney that doesn't 2195 01:57:19.920 --> 01:57:21.359 want six thousand dollars retainer. 2196 01:57:21.560 --> 01:57:23.960 All I'm asking. 2197 01:57:23.760 --> 01:57:26.920 For is I was just asking for one new vehicle 2198 01:57:27.279 --> 01:57:29.520 that I wasn't even happy dealing with still Long because 2199 01:57:29.560 --> 01:57:31.239 of all the people have told me. Bro, if you 2200 01:57:31.319 --> 01:57:33.319 have to go to court for this, we will testify 2201 01:57:33.399 --> 01:57:36.520 the guy who reposed for canvas hold me. I will 2202 01:57:36.560 --> 01:57:38.680 go to court with you and tell them in open 2203 01:57:38.720 --> 01:57:41.279 court how many people phill Long does this too? 2204 01:57:42.079 --> 01:57:44.840 And this isn't just me, This is just a community of. 2205 01:57:44.880 --> 01:57:47.960 Them allowing people to be unsafe on the road. All right, 2206 01:57:48.159 --> 01:57:50.199 Not about myself, but my wife, my child. 2207 01:57:50.479 --> 01:57:53.039 Mike, got it, I got it, Mike, Hang on a sec. 2208 01:57:53.119 --> 01:57:54.239 We'll be right back after this. 2209 01:57:59.279 --> 01:58:02.520 Go with a short thing Denver's Best roofer excel roofing 2210 01:58:02.640 --> 01:58:03.079 dot com. 2211 01:58:03.239 --> 01:58:05.279 You don't pay a cent until you're content. 2212 01:58:08.640 --> 01:58:12.159 Time for an insurance checkup free, no obligation comparison call 2213 01:58:12.319 --> 01:58:15.600 Compass Insurance paying too much your coverage at dozens of 2214 01:58:15.640 --> 01:58:18.319 insurance companies find out now three all three seven to 2215 01:58:18.359 --> 01:58:21.159 seven to one help. You'll think you're his only customer 2216 01:58:21.239 --> 01:58:23.399 when you choose Frank durand the real estate Man dot 2217 01:58:23.520 --> 01:58:27.000 com to list your home with Remax Alliance three three 2218 01:58:27.119 --> 01:58:28.760 nine two zero sixteen twenty two. 2219 01:58:34.279 --> 01:58:35.319 Good afternoon. 2220 01:58:35.399 --> 01:58:39.159 This is John Fuller on the Troubleshooter Network here rounding 2221 01:58:39.279 --> 01:58:43.279 out our four hour block today of fun filled excitement. 2222 01:58:43.319 --> 01:58:44.840 We were just on the phone with Mike a few 2223 01:58:44.880 --> 01:58:48.319 minutes ago. Mike bought a couple of cars from Phil 2224 01:58:48.399 --> 01:58:53.920 long Ford in the in the Springs and ultimately had 2225 01:58:54.279 --> 01:58:57.479 bad breaks on both of those, and Mike's trying to 2226 01:58:57.520 --> 01:59:00.239 return his car and he's having some difficulty. Here's the 2227 01:59:00.279 --> 01:59:02.239 bottom line. Mike has dropped off. He's going to get 2228 01:59:02.239 --> 01:59:04.880 his paperwork and get back with us, hopefully tomorrow, and 2229 01:59:04.960 --> 01:59:06.399 we'll try to get to the bottom of that. We 2230 01:59:06.479 --> 01:59:09.800 do have an angel it feel long and we want 2231 01:59:09.920 --> 01:59:12.039 to have the opportunity to reach out to them and 2232 01:59:12.159 --> 01:59:13.720 see if we can't get to the bottom of it. 2233 01:59:13.840 --> 01:59:17.119 But unfortunately these kind of issues really come down to paperwork. 2234 01:59:17.199 --> 01:59:20.119 So if you're in the dealership and anything is getting 2235 01:59:20.159 --> 01:59:22.840 promised to you, it's got to be on that paperwork. 2236 01:59:22.920 --> 01:59:26.199 Do not leave with a handshake and a smile and 2237 01:59:26.319 --> 01:59:27.880 a promise to get anything done. 2238 01:59:28.000 --> 01:59:29.399 It will not stand up for you. 2239 01:59:29.720 --> 01:59:32.079 And all he was left with is sound and fired 2240 01:59:32.159 --> 01:59:34.479 up John he was I and I. 2241 01:59:34.520 --> 01:59:36.359 Really feel sorry for the guy because he made some 2242 01:59:36.520 --> 01:59:40.359 really poor decisions in my opinion, like doing a voluntary recall. 2243 01:59:40.439 --> 01:59:43.760 If you can't get something resolved with the dealership, just 2244 01:59:43.880 --> 01:59:45.960 call the bank and turn them in. That doesn't sound 2245 01:59:46.039 --> 01:59:49.039 like the right course of action, particularly if he's trying 2246 01:59:49.039 --> 01:59:51.520 to unravel those two and get a new car. No 2247 01:59:51.640 --> 01:59:53.600 bank is going to loan y money if he's had two, 2248 01:59:54.159 --> 01:59:58.720 not one, but two repossessions in the same instant over 2249 01:59:58.920 --> 01:59:59.560 a break job. 2250 02:00:00.079 --> 02:00:00.800 Doesn't make sense. 2251 02:00:01.239 --> 02:00:03.640 It makes you wonder why he didn't just pay for 2252 02:00:03.680 --> 02:00:06.239 a couple of break jobs. They can't be that, I know. 2253 02:00:06.560 --> 02:00:09.439 I really hope that we've got an opportunity to maybe 2254 02:00:09.520 --> 02:00:12.039 get some of this figured out before it's just too 2255 02:00:12.199 --> 02:00:12.920 late for this guy. 2256 02:00:13.039 --> 02:00:14.239 We'll reach out to it Angel. 2257 02:00:14.479 --> 02:00:16.319 He'll get a hold of this tomorrow hopefully, and we'll 2258 02:00:16.359 --> 02:00:18.479 figure it out. So got a couple more calls. Let's 2259 02:00:18.520 --> 02:00:22.079 go to Stephen with the question about duuis. Go ahead, 2260 02:00:22.119 --> 02:00:23.720 Steven Hi. 2261 02:00:24.560 --> 02:00:26.920 So the case wasn't the vault about me, It's about 2262 02:00:26.960 --> 02:00:29.920 my girlfriend. This was that happened in March of last year, 2263 02:00:30.000 --> 02:00:34.680 twenty three, and she was driving to Uber Eats delivery 2264 02:00:35.479 --> 02:00:38.279 and there was a car stalled on the highways on 2265 02:00:38.600 --> 02:00:42.479 I twenty five southbound near the Tech Center, and she didn't. 2266 02:00:42.239 --> 02:00:43.439 See it because the car in front of her all 2267 02:00:43.479 --> 02:00:43.600 of a. 2268 02:00:43.560 --> 02:00:45.640 Sudden swerved to get out of the way, and then 2269 02:00:45.680 --> 02:00:47.760 when she saw the stalled car, it was too late. 2270 02:00:48.199 --> 02:00:49.680 But because she was the one. 2271 02:00:49.560 --> 02:00:53.840 Intoxicated slightly just over the limit, they gave her the citations. 2272 02:00:54.079 --> 02:00:56.600 And I heard you guys talking earlier about this type 2273 02:00:56.640 --> 02:00:59.880 of scenario. So my question just to wrap this up, Ken, 2274 02:01:00.000 --> 02:01:03.399 can we can she still kind of fight this in 2275 02:01:03.560 --> 02:01:05.920 court because she's having to go to these courts all 2276 02:01:06.000 --> 02:01:08.640 of this d y and prove that she's not drinking, right, 2277 02:01:08.800 --> 02:01:11.039 that's one issue, But I just wonder if they can 2278 02:01:11.119 --> 02:01:14.319 get her out or some kind of I don't know fault. 2279 02:01:14.119 --> 02:01:17.399 For Let me make sure I understand this. Your girlfriend 2280 02:01:17.479 --> 02:01:19.960 was driving for Uber while intoxicated. 2281 02:01:21.560 --> 02:01:23.079 Well, uber eats, that's what I am. 2282 02:01:23.439 --> 02:01:25.960 So she was delivering food, but she was under the 2283 02:01:26.000 --> 02:01:31.359 influence and got a DUI. Yeah, okay, so you've got 2284 02:01:31.399 --> 02:01:33.000 a couple of things going on here. I was just 2285 02:01:33.079 --> 02:01:36.039 talking to Doc earlier about this. When you hit somebody 2286 02:01:37.239 --> 02:01:40.199 in Colorado, if you hit somebody from the back, there 2287 02:01:40.279 --> 02:01:44.359 is a presumption that you're at fault. Now it's a 2288 02:01:44.439 --> 02:01:48.399 rebuttable presumption, but the law starts out with an assumption 2289 02:01:49.119 --> 02:01:51.039 that you were the person that was at fault. Because 2290 02:01:51.079 --> 02:01:53.720 we all have a duty to avoid obstacles in our way, 2291 02:01:54.279 --> 02:01:57.319 broken down cars. It's entirely foreseeable that somebody could have 2292 02:01:57.439 --> 02:02:00.680 a you know, a breakdown and end up disabled on 2293 02:02:00.760 --> 02:02:03.199 the side of the road. So you start with the 2294 02:02:03.319 --> 02:02:06.119 presumption that she was at fault, saying that guy shouldn't 2295 02:02:06.159 --> 02:02:09.600 have been there, you know, absence some really screwy circumstances, 2296 02:02:09.680 --> 02:02:12.000 that probably is not going to be enough to overcome 2297 02:02:12.119 --> 02:02:15.960 that presumption. When you add to that the idea that 2298 02:02:16.119 --> 02:02:20.199 she was under the influence, then not only is she 2299 02:02:20.319 --> 02:02:22.159 going to still be at fault for the accident, but 2300 02:02:22.239 --> 02:02:25.039 depending on the circumstances and whether or not it was 2301 02:02:25.119 --> 02:02:28.000 her first defense and a bunch of other factors. You 2302 02:02:28.159 --> 02:02:31.359 really opened the door to even punitive damages for the 2303 02:02:31.439 --> 02:02:34.359 idea of being out there drunk on the roads delivering food. 2304 02:02:34.439 --> 02:02:38.319 I mean it's it's how does one wind up under 2305 02:02:38.359 --> 02:02:41.079 the influence while they're working as an uber driver? 2306 02:02:41.319 --> 02:02:43.479 Is that is that common? 2307 02:02:44.479 --> 02:02:47.119 I there's a difference between the uber driver and well. 2308 02:02:47.359 --> 02:02:50.359 I understand uber eats, but she's still going and she's 2309 02:02:50.439 --> 02:02:52.000 on the job, right, I mean, come. 2310 02:02:51.880 --> 02:02:55.520 On, I'm not defending her, but let me just say 2311 02:02:55.600 --> 02:02:57.840 the same thing happened to me. And I wasn't drunk 2312 02:02:57.840 --> 02:03:00.279 because I don't drink right, And there was a stall 2313 02:03:00.399 --> 02:03:02.600 car and I was coming up on this was I 2314 02:03:02.760 --> 02:03:05.760 seventy eastbound. You know where it goes over like Havana. 2315 02:03:05.840 --> 02:03:07.720 There's like a little hump in the highway for sure, 2316 02:03:07.920 --> 02:03:09.640 and it was right over the hump. 2317 02:03:09.680 --> 02:03:10.319 But I didn't see it. 2318 02:03:10.319 --> 02:03:12.520 I looked down in my app for like it seemed 2319 02:03:12.560 --> 02:03:13.279 like one second. 2320 02:03:13.319 --> 02:03:13.960 I look back up. 2321 02:03:14.000 --> 02:03:17.720 There's a stalled vehicle. I got the citation for following 2322 02:03:17.760 --> 02:03:18.319 too close. 2323 02:03:18.920 --> 02:03:20.279 Okay, I'm paying my. 2324 02:03:21.960 --> 02:03:23.319 Dues, but I'm just wondering. 2325 02:03:23.399 --> 02:03:24.560 I mean, there's got to be some. 2326 02:03:24.760 --> 02:03:27.399 Responsibility and obligation on the stalled vehicles. 2327 02:03:27.439 --> 02:03:28.239 Why are they there? 2328 02:03:29.159 --> 02:03:31.880 Did she take like a roadside test or a breathalyze 2329 02:03:31.960 --> 02:03:34.079 or anything? Or are they just assuming she's drunk because 2330 02:03:34.119 --> 02:03:35.079 she hit this vehicle. 2331 02:03:36.399 --> 02:03:39.000 Oh I wasn't there, but I got a call from 2332 02:03:39.079 --> 02:03:43.119 the sheriff and they said, come pick up your girlfriend. 2333 02:03:43.159 --> 02:03:44.720 We're not going to put her in jail because she's 2334 02:03:44.840 --> 02:03:45.640 very cooperative. 2335 02:03:45.840 --> 02:03:49.000 Did she take an go with a sure thing Denver's 2336 02:03:49.039 --> 02:03:51.159 Best roofer Excel Roofing dot com. 2337 02:03:51.359 --> 02:03:53.359 You don't pay a cent until you're content. 2338 02:03:56.760 --> 02:04:00.279 Time for an insurance checkup free, no obligation comparison call 2339 02:04:00.439 --> 02:04:03.680 Compass Insurance Paying too much your coverage at dozens of 2340 02:04:03.760 --> 02:04:06.720 insurance companies find out now three all three seven seven 2341 02:04:06.720 --> 02:04:09.479 to one help. You'll think you're his only customer when 2342 02:04:09.520 --> 02:04:11.760 you choose Frank durand the real estate Man dot com 2343 02:04:12.039 --> 02:04:15.119 to list your home with Remax Alliance three all three 2344 02:04:15.239 --> 02:04:16.880 nine two zero sixteen twenty two. 2345 02:04:21.039 --> 02:04:24.439 Good afternoon, John Fuller here on the Troubleshooter Network. We 2346 02:04:24.680 --> 02:04:27.600 are having too much fun today. We are going to 2347 02:04:27.680 --> 02:04:30.880 go right to the phones again. Here of Karen, You've 2348 02:04:30.880 --> 02:04:33.079 got to call about a car moped accident. 2349 02:04:33.119 --> 02:04:33.600 What's going on? 2350 02:04:35.159 --> 02:04:35.960 Yes, I have. 2351 02:04:36.720 --> 02:04:39.920 My daughter in law was involved in I guess the 2352 02:04:40.079 --> 02:04:42.600 head on She was on her milk head and then 2353 02:04:42.760 --> 02:04:48.880 got hit head on and she ended up in a 2354 02:04:48.960 --> 02:04:54.359 hospital with injuries. And so they're wondering what are the 2355 02:04:54.520 --> 02:04:59.560 first steps or first few steps about getting like an 2356 02:04:59.640 --> 02:05:03.840 insurance in tale or what's the first couple of things 2357 02:05:03.880 --> 02:05:05.600 they should do. This happened like a week ago. 2358 02:05:05.920 --> 02:05:09.600 Okay, is she doing Okay? Today she's doing Okay. 2359 02:05:09.800 --> 02:05:13.640 She's got a couple of broken bones and and things 2360 02:05:13.680 --> 02:05:14.840 like that, but she's on the men. 2361 02:05:15.279 --> 02:05:17.439 Where where did this happen, Karen? What city? 2362 02:05:18.560 --> 02:05:20.720 It's actually in a different states? 2363 02:05:21.039 --> 02:05:24.359 What state in Hawaii? Okay? 2364 02:05:25.399 --> 02:05:29.520 So, and was your daughter ticketed or was she not 2365 02:05:29.680 --> 02:05:32.720 at fault? Was it the other car's fault for the accident? 2366 02:05:32.800 --> 02:05:33.119 Do you know? 2367 02:05:34.439 --> 02:05:38.000 I don't know. That's my suggestion to them first is 2368 02:05:38.079 --> 02:05:41.439 to get the police report. She was taken by ambulance, Okay, 2369 02:05:41.800 --> 02:05:44.600 so I don't think she's in ticketed or anything. 2370 02:05:45.199 --> 02:05:48.920 So everything, Karen really comes down to trying to figure out, 2371 02:05:48.960 --> 02:05:51.760 first you know, who's at fault in the accident. Okay. 2372 02:05:52.640 --> 02:05:54.880 I don't practice law in Hawaii. I don't know the 2373 02:05:54.960 --> 02:05:57.159 exact system they have over there, but I can tell 2374 02:05:57.199 --> 02:05:59.600 you that, you know, that would be step one for 2375 02:05:59.760 --> 02:06:00.279 us if. 2376 02:06:00.199 --> 02:06:03.479 It were here in Colorado. So and the reason why. 2377 02:06:03.399 --> 02:06:05.840 That's really step one is we have to be concerned 2378 02:06:05.880 --> 02:06:08.800 about who's ultimately going to be responsible for the medical 2379 02:06:08.840 --> 02:06:12.560 bills that come out of that accident. And depending on 2380 02:06:12.680 --> 02:06:16.319 the legal you know, framework they've got over there in Hawaii, 2381 02:06:16.960 --> 02:06:19.840 it could be it probably will be the person who's 2382 02:06:19.880 --> 02:06:23.439 that fault for the accident. The issue is whether she 2383 02:06:23.600 --> 02:06:25.479 has to kind of front load that and pay for 2384 02:06:25.560 --> 02:06:28.680 the medical care out of her own resources, or whether 2385 02:06:28.760 --> 02:06:32.039 there's some mechanism to have either the auto insurance that 2386 02:06:32.199 --> 02:06:35.079 she has over her mopad or even the other driver. 2387 02:06:35.359 --> 02:06:38.640 So do you know, you know, does your daughter have 2388 02:06:38.840 --> 02:06:42.039 health insurance as well on top of any any car insurance? 2389 02:06:43.479 --> 02:06:46.079 I know she just applied for medicaid. 2390 02:06:46.680 --> 02:06:49.000 Did she apply for medicaid because she was in the 2391 02:06:49.079 --> 02:06:51.039 hospital and they were applying for her? 2392 02:06:53.279 --> 02:06:56.560 She applied for it because she can't go to work. 2393 02:06:57.560 --> 02:06:59.399 I don't know if they applied for it for her 2394 02:06:59.800 --> 02:07:01.199 or I don't know those. 2395 02:07:01.680 --> 02:07:06.560 But did she apply after the accident happened or before after? Okay, 2396 02:07:07.079 --> 02:07:09.239 so it sounds like she didn't have her own health 2397 02:07:09.279 --> 02:07:13.159 insurance before this accident, and they're they're trying to retroactively 2398 02:07:13.239 --> 02:07:15.800 get her qualified for Medicaid, and there's nothing wrong with that. 2399 02:07:16.399 --> 02:07:18.479 What that's going to basically do for you is to 2400 02:07:18.960 --> 02:07:22.720 pay the initial bills of the you know, the hospital 2401 02:07:22.760 --> 02:07:25.319 and the emergency room and and the different personnel that 2402 02:07:25.439 --> 02:07:29.119 she saw there. That's going to probably cover her up 2403 02:07:29.199 --> 02:07:31.680 until when she gets discharged, and then she's going to have, 2404 02:07:32.239 --> 02:07:34.560 you know, the same challenges that I talked about earlier 2405 02:07:34.640 --> 02:07:38.119 of getting follow up care. It's difficult to establish a 2406 02:07:38.640 --> 02:07:43.399 primary care type relationship under under those circumstances. But again, 2407 02:07:43.520 --> 02:07:45.880 you're going to want to talk to a personal injury 2408 02:07:45.920 --> 02:07:48.399 attorney in Hawaii that can help advise you on exactly 2409 02:07:48.479 --> 02:07:48.720 what the. 2410 02:07:48.760 --> 02:07:52.399 Law is there. But in general terms, you're you're on track, 2411 02:07:52.520 --> 02:07:54.560 You're you're you're spot on to want to get the 2412 02:07:54.680 --> 02:07:58.039 police report and find out who really was, you know, 2413 02:07:58.399 --> 02:08:02.520 was assessed fault in that if it's her. Did she 2414 02:08:02.680 --> 02:08:04.119 have insurance on her moped? 2415 02:08:07.479 --> 02:08:09.760 I don't know on the moped. I know, I believe 2416 02:08:09.840 --> 02:08:12.680 she's got car insurance when she's driving a car, but 2417 02:08:12.800 --> 02:08:15.399 I don't know if the moped was or not. So 2418 02:08:15.960 --> 02:08:16.479 probably not. 2419 02:08:17.399 --> 02:08:17.880 You never know. 2420 02:08:18.239 --> 02:08:21.359 I mean, you would typically put the moped on your 2421 02:08:21.399 --> 02:08:23.640 auto policy as well. And in that case, you'll want 2422 02:08:23.680 --> 02:08:25.840 to just give them a call if she was the 2423 02:08:25.920 --> 02:08:28.199 one that was at fault for the accident, because they 2424 02:08:28.399 --> 02:08:31.840 have a duty to defend her and kind of fend 2425 02:08:31.920 --> 02:08:34.119 off the other driver if there were any injuries for 2426 02:08:34.239 --> 02:08:36.439 that driver, And so you want to give them a 2427 02:08:36.560 --> 02:08:38.720 call right away and open up the claim. If she 2428 02:08:39.039 --> 02:08:42.000 was not at fault and she was just a victim 2429 02:08:42.039 --> 02:08:46.560 of somebody else's negligence, then you know, whichever PI attorney 2430 02:08:46.600 --> 02:08:48.159 you get a hold of in Hawaii is going to 2431 02:08:48.199 --> 02:08:50.439 be able to get that claim opened up and get 2432 02:08:50.520 --> 02:08:53.479 things off to the races so that you can find 2433 02:08:53.520 --> 02:08:56.000 out really what you know, sources of recovery you're going 2434 02:08:56.079 --> 02:08:58.079 to have, and to kind of help her make some 2435 02:08:58.199 --> 02:09:00.680 good decisions about how to use those ben if it's best. 2436 02:09:00.760 --> 02:09:03.399 I mean, that really is the challenge that we run into. 2437 02:09:03.800 --> 02:09:05.039 Are you in Hawaii as well? 2438 02:09:05.079 --> 02:09:05.920 Or are you here in Denver? 2439 02:09:06.239 --> 02:09:06.279 No? 2440 02:09:07.039 --> 02:09:08.760 No, no, I'm in Colorado. 2441 02:09:09.039 --> 02:09:09.479 Okay, So. 2442 02:09:11.079 --> 02:09:13.840 Going with a personal they should you think they should 2443 02:09:15.640 --> 02:09:18.239 contact a personal injury attorney for sure? 2444 02:09:18.600 --> 02:09:21.319 Well, you know, listen, this is what I do for 2445 02:09:21.399 --> 02:09:23.960 a living, and what you're telling me is that you 2446 02:09:24.039 --> 02:09:26.800 know your daughter's in another state, You're not sure of 2447 02:09:26.880 --> 02:09:29.720 exactly what the circumstances were, You're not sure of exactly 2448 02:09:29.800 --> 02:09:32.319 what the coverage is. Sounds like she really doesn't have 2449 02:09:32.520 --> 02:09:34.920 health insurance, or if she does, it's only because they 2450 02:09:35.119 --> 02:09:38.359 just got her qualified for Medicaid, and you're really not 2451 02:09:38.520 --> 02:09:40.079 sure of who is at fault. 2452 02:09:40.159 --> 02:09:41.079 It sounds like to me. 2453 02:09:42.840 --> 02:09:44.920 I would pick up the phone and call a PI 2454 02:09:45.000 --> 02:09:47.720 attorney right away. I mean, there's really no downside. They're 2455 02:09:47.720 --> 02:09:49.439 not going to charge you by the hour to talk 2456 02:09:49.520 --> 02:09:51.479 to you and help try to figure out what the 2457 02:09:51.560 --> 02:09:54.399 circumstance is. And if it turns out that she's not 2458 02:09:54.560 --> 02:09:57.439 at fault and you've got a case there, that person 2459 02:09:57.560 --> 02:09:58.960 is going to be able to help you get the 2460 02:09:59.039 --> 02:10:04.119 best recovery of anybody, particularly when you're, you know, two 2461 02:10:04.199 --> 02:10:06.600 thousand miles away in Denver, trying to help your. 2462 02:10:06.520 --> 02:10:10.279 Daughter, right, right, Okay? Will that appen? 2463 02:10:10.399 --> 02:10:10.520 Right? 2464 02:10:10.800 --> 02:10:12.279 I hope your daughter is okay there. 2465 02:10:12.399 --> 02:10:14.880 Karen for the call, Karen, good luck. 2466 02:10:14.800 --> 02:10:17.159 She's out of hospital and she's you know, she's on 2467 02:10:17.279 --> 02:10:17.520 the men. 2468 02:10:19.359 --> 02:10:23.079 Good luck there, Karen, Thanks for the call. So you know, 2469 02:10:23.239 --> 02:10:27.239 it's just another example of you know, you just don't 2470 02:10:27.319 --> 02:10:29.079 know what you don't know when you get in these 2471 02:10:29.119 --> 02:10:32.399 accidents and everything comes at you so fast. You're in 2472 02:10:32.479 --> 02:10:35.479 the hospital, you've got an ambulance that's sending out a 2473 02:10:35.520 --> 02:10:38.439 bill about two seconds after they drop you off, and 2474 02:10:38.920 --> 02:10:42.720 you just, you know, it's hard to get everything organized 2475 02:10:42.760 --> 02:10:45.279 and on track so that you can focus on just 2476 02:10:45.479 --> 02:10:47.920 getting better. That's really all you want to focus your 2477 02:10:47.920 --> 02:10:51.720 efforts on, is just recovering. Let somebody else do everything 2478 02:10:51.760 --> 02:10:53.159 else if you have that opportunity. 2479 02:10:53.439 --> 02:10:55.199 It did bring up a question in my mind, just 2480 02:10:55.279 --> 02:10:57.039 because she brought up moped. I don't know what the 2481 02:10:57.159 --> 02:11:00.239 law is, John, but recently there's been a new law 2482 02:11:00.359 --> 02:11:03.079 or a change of law where motorcycles now can come 2483 02:11:03.159 --> 02:11:07.000 up between vikers can come up between cars when you're 2484 02:11:07.039 --> 02:11:10.840 coming up to a stop I'm pardon me, Ken, if 2485 02:11:10.920 --> 02:11:14.079 you end up like if you don't see them and 2486 02:11:14.199 --> 02:11:16.359 you hit them, who's at fault when they're coming up 2487 02:11:16.439 --> 02:11:19.279 between you like that? John, I mean, that's just scary 2488 02:11:19.359 --> 02:11:21.880 to me when I see them. They're not always slow either, 2489 02:11:22.439 --> 02:11:24.880 so you know you're changing lanes, you know, when you're 2490 02:11:24.920 --> 02:11:27.239 coming up to a stoplight, and you don't see this 2491 02:11:27.439 --> 02:11:29.840 motor What happens there? How do they determine who's at 2492 02:11:29.880 --> 02:11:30.399 fault on that? 2493 02:11:30.760 --> 02:11:33.600 Yeah, you try to go all Kamala on Ken, right there. 2494 02:11:34.039 --> 02:11:37.840 Goodness, I just meant to say that cars have to 2495 02:11:37.920 --> 02:11:40.760 be stopped. Well, that's not what always happens. 2496 02:11:41.399 --> 02:11:45.039 That's not what always happens Ken, when I'm in my experience. 2497 02:11:45.279 --> 02:11:49.079 Yeah, so I believe that the law dictates that they 2498 02:11:49.119 --> 02:11:51.560 can only do that, like at a traffic signal, where 2499 02:11:51.840 --> 02:11:53.960 at least in theory, all the other cars are stopped 2500 02:11:54.000 --> 02:11:56.479 and they can go up to the front. I think 2501 02:11:56.760 --> 02:11:59.680 those I think it's crazy to do that most of 2502 02:11:59.760 --> 02:12:02.880 the time. I think you're just asking for troubles, you know, 2503 02:12:03.159 --> 02:12:05.039 and and and so it's going to come down to 2504 02:12:05.279 --> 02:12:08.840 just the same analysis we use on everything else. Negligence 2505 02:12:09.039 --> 02:12:11.800 is the you know, the failure and exercise do care 2506 02:12:12.000 --> 02:12:15.359 under the circumstances. So, you know, did you do something 2507 02:12:15.439 --> 02:12:19.159 that in the exercise of normal caution you shouldn't have done? 2508 02:12:19.319 --> 02:12:23.079 You know, that's kind of your definition of negligence. Just 2509 02:12:23.840 --> 02:12:26.479 the act of going up between the cars, I don't 2510 02:12:26.520 --> 02:12:30.760 think in itself is going to make you necessarily liable 2511 02:12:30.840 --> 02:12:33.520 for causing an accident because the law allows you to 2512 02:12:33.600 --> 02:12:37.520 do that, right. But you know, if if we're all 2513 02:12:37.680 --> 02:12:40.119 piled up at the front and the light turns green 2514 02:12:40.199 --> 02:12:43.880 and we have a many you know drag race off 2515 02:12:43.920 --> 02:12:47.119 the line and something happens, I could definitely see circumstances 2516 02:12:47.159 --> 02:12:49.800 where where that would have you know, bad effects, that 2517 02:12:49.840 --> 02:12:50.239 would have a. 2518 02:12:50.239 --> 02:12:53.039 Bad just never looks like a good idea when they 2519 02:12:53.079 --> 02:12:55.079 do it, that's all I mean. I love those guys 2520 02:12:55.119 --> 02:12:57.800 out there and women, but then I mean, it never 2521 02:12:57.880 --> 02:12:58.680 looks like a good. 2522 02:12:58.560 --> 02:13:01.119 Idea with it scares me a lot of times because 2523 02:13:01.600 --> 02:13:04.600 you know, what really is the scariest thing to me 2524 02:13:04.760 --> 02:13:06.640 is that you don't always see them, and all of 2525 02:13:06.680 --> 02:13:08.640 a sudden, it's just zoom right up beside you and 2526 02:13:08.720 --> 02:13:09.920 you you know, That's. 2527 02:13:09.760 --> 02:13:11.960 What I see most of the time, not like what 2528 02:13:12.159 --> 02:13:14.439 Ken is saying, like where you're stopped and they're coming 2529 02:13:14.520 --> 02:13:17.279 up fifteen miles per hour or less. That's not generally 2530 02:13:17.359 --> 02:13:17.920 what I see. 2531 02:13:18.479 --> 02:13:21.600 I don't think I've ever seen a motorcycle do less 2532 02:13:21.720 --> 02:13:23.319 than twenty miles over the speed limit. 2533 02:13:24.279 --> 02:13:25.600 They are unbelievable. 2534 02:13:25.720 --> 02:13:28.000 Have you gone less than twenty miles over the speeder? 2535 02:13:28.159 --> 02:13:28.359 Yeah? 2536 02:13:28.399 --> 02:13:31.439 I mean every motorcycle. I see going on when I'm 2537 02:13:31.439 --> 02:13:35.279 on I seventy or twenty five, they're just zooming past. 2538 02:13:36.680 --> 02:13:40.680 Yeah, I you know, that's just one of those things. 2539 02:13:40.720 --> 02:13:42.600 I don't know. Maybe you're doing twenty under the speed 2540 02:13:42.680 --> 02:13:44.800 limit again. You know, Hey, we got to go to 2541 02:13:44.840 --> 02:13:46.640 a break right now. Thanks, we'll be right back. 2542 02:13:46.800 --> 02:13:50.039 Go with a sure thing Denver's Best roofer Excel Roofing 2543 02:13:50.159 --> 02:13:52.760 dot com. You don't pay a cent until your content 2544 02:13:56.159 --> 02:13:59.319 time for an insurance check up free, no obligation. In comparison, 2545 02:13:59.439 --> 02:14:03.039 call this insurance paying too much your coverage at dozens 2546 02:14:03.039 --> 02:14:05.760 of insurance companies. Find out now three all three seven 2547 02:14:05.880 --> 02:14:08.680 seven to one help. You'll think you're his only customer 2548 02:14:08.720 --> 02:14:10.920 when you choose Frank durand the real Estate Man dot 2549 02:14:11.039 --> 02:14:14.319 com to list your home with Remax Alliance three all 2550 02:14:14.359 --> 02:14:16.279 three nine two zero sixteen twenty two. 2551 02:14:21.119 --> 02:14:24.560 Welcome back to the last hour of the Tom Martine 2552 02:14:24.680 --> 02:14:27.359 Troubleshooter Show. This is John Fuller filling in for Mike 2553 02:14:27.399 --> 02:14:29.479 and Tom. We have a couple minutes left today. We're 2554 02:14:29.479 --> 02:14:30.239 going to go right to the. 2555 02:14:30.279 --> 02:14:35.039 Calls Bob, what's going on? Oh, Bob's gone, so we 2556 02:14:35.119 --> 02:14:35.880 won't go to b I. 2557 02:14:35.880 --> 02:14:37.439 Wonder what he was saying. That was Bob with elliam 2558 02:14:37.520 --> 02:14:40.880 Landscaping is a referral list member of ours. No, maybe 2559 02:14:40.920 --> 02:14:43.239 you want to say something about the motorcycle law or something. 2560 02:14:43.560 --> 02:14:45.800 So John, I did have a question for you, being 2561 02:14:45.840 --> 02:14:49.159 a personal injury attorney, how do you pay for deductibles 2562 02:14:49.199 --> 02:14:52.560 when you're getting treatment after an accident, when you've been hurt? 2563 02:14:52.640 --> 02:14:53.439 How does that work? 2564 02:14:53.680 --> 02:14:55.640 Yeah, the very best way, if we're talking about health 2565 02:14:55.680 --> 02:14:58.399 insurance deductibles, the very best way is to use our 2566 02:14:58.479 --> 02:15:00.920 medical payments coverage to make make sure that it applies 2567 02:15:00.960 --> 02:15:04.479 to your out of pocket maximums and your deductibles. And 2568 02:15:04.560 --> 02:15:06.199 the very best way to do that is to get 2569 02:15:06.279 --> 02:15:08.600 us involved early on where we can actually kind of 2570 02:15:09.159 --> 02:15:11.880 jump in between the hospital and the ambulance and all 2571 02:15:11.920 --> 02:15:14.520 the people that are trying to go after that met 2572 02:15:14.600 --> 02:15:16.279 pay money. And there's a lot of reasons why they 2573 02:15:16.319 --> 02:15:18.560 try to do that, But the quicker that we can 2574 02:15:18.640 --> 02:15:21.600 get involved and help protect that money, the better we 2575 02:15:21.680 --> 02:15:23.880 can dictate that it gets used in a way that 2576 02:15:24.319 --> 02:15:27.600 covers those cops and deductibles. That's what it was intended 2577 02:15:27.680 --> 02:15:30.319 to do. But there's ways in which some of these 2578 02:15:30.399 --> 02:15:33.760 bad players sometimes can get in there and take advantage 2579 02:15:33.800 --> 02:15:36.239 of that money where you don't really get the credit. 2580 02:15:36.039 --> 02:15:39.560 For Okay, okay, gotcha. And then can you still claim 2581 02:15:39.720 --> 02:15:41.960 damages even if you are at fault. 2582 02:15:42.640 --> 02:15:47.319 Yeah, that's a tough one generally injuring. Noah, generally speaking. 2583 02:15:47.159 --> 02:15:48.720 No, if you're at fault, you're not going to be 2584 02:15:48.760 --> 02:15:51.800 able to recover against anybody. The only time that we 2585 02:15:51.960 --> 02:15:54.520 run into weird situations like that is if you're a 2586 02:15:54.680 --> 02:15:59.039 non negligent passenger in a car with a negligent driver, 2587 02:15:59.239 --> 02:16:01.680 So you're you're in the front seat, the driver is 2588 02:16:01.840 --> 02:16:05.680 the cause of the accident. Not only does the person 2589 02:16:05.800 --> 02:16:07.760 in the other car have a claim against that driver, 2590 02:16:07.920 --> 02:16:08.800 but you may have one. 2591 02:16:08.960 --> 02:16:11.880 Oh, your passenger would have a claim, this would have 2592 02:16:11.960 --> 02:16:12.880 a claim against you. 2593 02:16:13.279 --> 02:16:13.960 Might very well. 2594 02:16:14.079 --> 02:16:17.359 Yeah, if you're a non negligent passenger, you can file 2595 02:16:17.399 --> 02:16:19.920 a claim. As long as it's not your spouse, you 2596 02:16:20.000 --> 02:16:23.159 can file a claim against that negligent driver. Yep, that 2597 02:16:23.199 --> 02:16:23.920 comes up all the time. 2598 02:16:23.960 --> 02:16:26.079 Do you ever get like cyclists calling you for personal 2599 02:16:26.159 --> 02:16:26.920 injury claims? 2600 02:16:27.000 --> 02:16:27.359 For sure? 2601 02:16:27.640 --> 02:16:29.359 And I mean absolutely. 2602 02:16:29.439 --> 02:16:32.520 The downside of cycling is that the damages tend to 2603 02:16:32.559 --> 02:16:35.200 be a lot worse when you get into an accident 2604 02:16:35.360 --> 02:16:38.239 and we do handle a number of those cases. We're 2605 02:16:38.319 --> 02:16:40.840 always happy to talk to motorcyclists. 2606 02:16:40.159 --> 02:16:42.159 That have been I'm meant more bicyclist. 2607 02:16:42.479 --> 02:16:44.879 Oh yeah, absolutely, yeah, you scare me. 2608 02:16:45.040 --> 02:16:47.440 I love them, but they scare me being out there. John. 2609 02:16:48.040 --> 02:16:50.639 You know, bicyclists have to adhere to the same rules 2610 02:16:50.680 --> 02:16:54.799 of the road that cars do, and unfortunately the car 2611 02:16:54.920 --> 02:16:57.760 drivers just don't see them that well, and so, you know, 2612 02:16:57.920 --> 02:17:00.280 bad things happen, and the bikers a lot of times 2613 02:17:00.319 --> 02:17:04.479 are just completely innocent victims and it's a complicated area 2614 02:17:04.520 --> 02:17:07.040 of the law. If you get into that situation, absolutely 2615 02:17:07.079 --> 02:17:09.840 give us a call. We we love handling those cases 2616 02:17:09.879 --> 02:17:11.120 and helping those people recover. 2617 02:17:11.319 --> 02:17:13.479 Yeah, and that's John Fuller at three three five nine 2618 02:17:13.639 --> 02:17:17.079 seven forty five hundred or Personal injuryco dot com. 2619 02:17:18.399 --> 02:17:21.600 Yeah. So hey, it's been a load of fun this afternoon. 2620 02:17:21.719 --> 02:17:24.000 Yeah, and we got to give John props. I mean, 2621 02:17:24.040 --> 02:17:25.600 he did an outstanding job. 2622 02:17:26.120 --> 02:17:29.440 Thank you, so thank you. We're really impressed as we're 2623 02:17:30.079 --> 02:17:30.959 nearing the ind here. 2624 02:17:31.479 --> 02:17:32.159 And also for. 2625 02:17:32.319 --> 02:17:34.959 Doctor to him to praise a lawyer, you know, he 2626 02:17:35.079 --> 02:17:35.719 has to be good. 2627 02:17:36.000 --> 02:17:38.360 That's really a big move for you. Doctor. I want 2628 02:17:38.399 --> 02:17:40.680 to say I'm really proud of you today. We come 2629 02:17:40.760 --> 02:17:43.760 a long way in just this short little two. 2630 02:17:43.639 --> 02:17:46.000 Hours here, as long as you don't mention that evil 2631 02:17:46.079 --> 02:17:46.840 five letter word. 2632 02:17:47.120 --> 02:17:49.360 Did you ever practice any other kind of law, John, 2633 02:17:49.440 --> 02:17:51.200 or has it always been personal injury for you? 2634 02:17:51.440 --> 02:17:54.680 From the day I've been practicing. I began working in 2635 02:17:54.760 --> 02:17:57.680 a a plaintiffs medical malpractice firm, but they did a 2636 02:17:57.719 --> 02:17:59.840 little bit of everything, and then I kind of be 2637 02:18:00.559 --> 02:18:03.120 doing what I do right now, and I've specialized in 2638 02:18:03.280 --> 02:18:07.520 strictly personal injury cases for you know, the last twenty years. 2639 02:18:07.600 --> 02:18:10.120 So do you practice in Florida at all? And I asked, 2640 02:18:10.159 --> 02:18:11.799 because you have a house down there, and I know 2641 02:18:11.879 --> 02:18:13.000 you spend a lot of time there. 2642 02:18:13.200 --> 02:18:15.399 I've got family in Florida. We've always had kind of 2643 02:18:15.680 --> 02:18:18.120 a little bit of a touch in Florida. But I've 2644 02:18:18.280 --> 02:18:21.239 never practiced in Florida. I don't plan to practice in Florida. 2645 02:18:21.959 --> 02:18:25.760 Florida has these nifty rules that say there's zero reciprocity. 2646 02:18:25.879 --> 02:18:29.280 So there's no way I could ever practice in Florida 2647 02:18:29.319 --> 02:18:30.879 unless I completely retook the. 2648 02:18:30.920 --> 02:18:34.159 Bar and started over. And this old dog is not 2649 02:18:34.319 --> 02:18:36.959 learning that new trick, so that'll never happen. 2650 02:18:37.040 --> 02:18:39.440 Now, Can you represent your wife if she's injured in 2651 02:18:39.520 --> 02:18:41.639 an accident, or does she have to get somebody else 2652 02:18:41.719 --> 02:18:42.079 to do that. 2653 02:18:42.399 --> 02:18:45.040 I could do that. Yeah, I could absolutely do that. 2654 02:18:45.360 --> 02:18:49.600 Interesting, John, Are there multiple states that accept the Colorado 2655 02:18:49.719 --> 02:18:51.760 bar and will admit you to their bar? 2656 02:18:53.159 --> 02:18:55.639 Yes, all the states are different, and most states have 2657 02:18:55.799 --> 02:19:00.040 deals where if they'll acknowledge us, will acknowledge them, and 2658 02:19:00.120 --> 02:19:04.159 so there's kind of a reverse or you know, reciprocal acknowledgement. 2659 02:19:04.280 --> 02:19:06.639 And you know, Flora is just not one of them. 2660 02:19:06.719 --> 02:19:10.319 So that's John Fuller, Personal injuryco dot Com three oh three, 2661 02:19:10.479 --> 02:19:13.040 five nine seven forty five hundred. Join us tomorrow on 2662 02:19:13.079 --> 02:19:15.600 the Troubleshooter Show for Car Day, we have Kevin Culkin 2663 02:19:15.680 --> 02:19:16.200 in studio.