Speaker 1: Ripped up.
Speaker 2: News need advice, Well you don't.
Speaker 3: Have come running. Just as nass as we can.
Speaker 2: Shooter's gonna help come.
Speaker 4: Dix is the Troubleshooter Show Now, Tom Martino, Hey, hey, hey.
Speaker 5: I'm Tom Martino, and I welcome you to the show,
Speaker 5: the only show of us kind anywhere, as we say,
Speaker 5: recovering hundreds of millions of dollars over the years in cash, merchandise, exchanges, refunds,
Speaker 5: and services. And if you're streaming the show, welcome. If
Speaker 5: you are, I just want to say this, You're gonna
Speaker 5: see some ugly people today, and I'm the small corner
Speaker 5: at the bottom. And then we got mister John Fuller,
Speaker 5: who's the co pilot today safety pilot. And John Fuller is,
Speaker 5: as you heard, our personal injury expertise, also a pretty
Speaker 5: good guy that we use from time to time. Mark
Speaker 5: and Suzanne are off to a concert and fun weekend
Speaker 5: for her birthday. Am I allowed to say her fiftieth birthday?
Speaker 5: Deputy Doc in the studio? Deputy Oh shoot, big big five?
Speaker 6: Oh I did?
Speaker 3: How old are you? Kachina? Why do woman make such
Speaker 3: a big deal out of age? Yeah? I was really
Speaker 3: or not?
Speaker 7: Yeah?
Speaker 5: You look like a baby. Honest to God, you look
Speaker 5: like a baby. It's really and and.
Speaker 8: Sus looks fifty three, but I always round up one year.
Speaker 3: When I told me the God's on us truth.
Speaker 5: If Sus told me she was thirty five, I would
Speaker 5: not think a second.
Speaker 3: No, she's not, not one second thirty. The reason why.
Speaker 8: You think that that I am younger than what I
Speaker 8: look is because I'm short, oc curly tween.
Speaker 5: No door, no your skin, your voice, yeah, you know
Speaker 5: the way you coff your hair. I'm sorry, I'm digressed anyway.
Speaker 5: Whatever that means waterpros dot net. I'm telling you, uh,
Speaker 5: he's extending some of these specials for me until he
Speaker 5: tells me to stop. Thirty one ninety five whole house,
Speaker 5: get rid of chemicals, forever chemicals, whole house conditioning and softening,
Speaker 5: and then water to drink reverse osmosis in the kitchen.
Speaker 5: I'm you will never find these prices thirty one ninety five,
Speaker 5: never three ninety five, never ever ever.
Speaker 3: You will be shocked.
Speaker 5: If you went to a plumber and got a bid,
Speaker 5: you get a bit for over fifteen grand I'm sure
Speaker 5: three oh three eight six, two five, five five four
Speaker 5: for this extraordinary deal three all three eight six, two five, five,
Speaker 5: five four. Well let's uh, let's talk about something John
Speaker 5: John Fuller our personal in direction. But oh, by the way,
Speaker 5: I should not exclude callers. Three three seven one three
Speaker 5: Talk is our local number, live and local in the
Speaker 5: station here, and if you call the national line, we
Speaker 5: get people, of course listening and downloading the podcasts thousands
Speaker 5: and thousands a month from all over the country, and
Speaker 5: of course in our backyard here. So it's three oh
Speaker 5: three Martino, three oh three, six two seven, eight, four
Speaker 5: sixty six. Now that number rings through twenty four to seven. Uh, Kachina,
Speaker 5: colorI sues and the risk We download them, and we
Speaker 5: listen to the messages, and we get you on the
Speaker 5: air if you leave a number, right, Kachina, that's the
Speaker 5: one frustration, you say. Sometimes they don't leave a number,
Speaker 5: and then you gotta you gotta email them, and then
Speaker 5: they have to email you back. And so leave a
Speaker 5: phone number if you want to get on the show,
Speaker 5: and you will not have to wait.
Speaker 3: That's what we do.
Speaker 5: We call them outbound calls. Three oh three, seven, three
Speaker 5: oh three Martino. Now, speaking of communication, we also take
Speaker 5: direct texting. Now I have a personal Google number I've
Speaker 5: had for years. It comes right to my cell phone
Speaker 5: no matter where I am, so you can text me
Speaker 5: on or off. The show doesn't matter. And truly it
Speaker 5: is a personal text. Seven four seven, nine nine nine
Speaker 5: fifty two eighty seven four seven nine nine nine fifty
Speaker 5: two eighty. That number is just a combination of weird stuff.
Speaker 5: Seven four seven. I like airplanes. That's a big one,
Speaker 5: nine nine nine because I couldn't get ten, ten, ten,
Speaker 5: and fifty two eighty for the mile highest city. So
Speaker 5: having said all of that, that's how you contact us.
Speaker 5: Uh So get your calls in. But I do want
Speaker 5: to talk to John about something very interesting. So John,
Speaker 5: you have an accident, you flip the plane over and
Speaker 5: you have passengers dangling.
Speaker 3: No one hurt. I mean, shoot, I shouldn't say that.
Speaker 3: No one died.
Speaker 5: You have some injuries, mostly minor. They they cough up
Speaker 5: thirty grand each. They say there's a no strings attached.
Speaker 5: Do you think there'll be any strings attached?
Speaker 3: Or is it the why? And why are they doing it?
Speaker 9: Well, they're trying to get ahead of the game on
Speaker 9: you know a bunch of these people kind of grouping
Speaker 9: up and and the benefit that they have right now
Speaker 9: they are has to.
Speaker 3: Come out, aren't they saying? We feel guilty, here's your money?
Speaker 9: Are But they can they can limit the you know,
Speaker 9: the terms I guess by not admitting anything and everything else.
Speaker 9: I mean, think about the reality. We don't know what
Speaker 9: caused that accident. We can all look at the photograph
Speaker 9: or the video of it and kind of make guesses
Speaker 9: as to what happened, but we haven't heard what the
Speaker 9: black box you know, showed, and and what the angle
Speaker 9: of descent was, and the speeds and all that stuff
Speaker 9: to really be able to put fault on any body
Speaker 9: or anything. And so once that happens, then the whole
Speaker 9: world of possibilities gets opened up as far as these
Speaker 9: these victims and these people that went through that crist
Speaker 9: but right now they don't have any of that. It's
Speaker 9: the perfect time to reach out and make a deal
Speaker 9: and hopefully, you know, thwart some of these claims down
Speaker 9: the road that are going to cost a lot more.
Speaker 5: But do you but I almost feel like coming up
Speaker 5: with thirty grand the next day or within a week
Speaker 5: just almost screams, come come after me for some more money.
Speaker 3: I don't know why that does.
Speaker 5: I okay, but listen the cause I'm not an airline
Speaker 5: or aviation expert by no means, but by limited knowledge,
Speaker 5: my limited knowledge. Truly, that's a heavy plane and it
Speaker 5: was coming in with wind shear, and I think it
Speaker 5: lost its head when and dropped.
Speaker 3: And when it dropped, I think a gear collapse.
Speaker 5: When the gear collapse went down on the wing, the
Speaker 5: wing dissevered and the momentum kept it going over. That's
Speaker 5: my just my feeling, and you're you're probably gonna find
Speaker 5: that out. You know something else though, I want to
Speaker 5: ask you, John, if I'm hanging upside down, I unhook it,
Speaker 5: fall to the ceiling, get out, and literally have no injuries,
Speaker 5: can I sue for trauma?
Speaker 9: Of course?
Speaker 5: I mean is that gonna In other words, is there
Speaker 5: a PI suit PI suit for every passenger?
Speaker 3: I think does every passenger have a case?
Speaker 9: Listen. I'm not saying it's a super you know, high
Speaker 9: value deal, but I think every.
Speaker 3: Passenger I'm asking you, I think they all have a case.
Speaker 9: I think every passenger can rightfully claim that they were
Speaker 9: the victim of negligent infliction, of emotional distress and all
Speaker 9: of the stuff that goes along with being in a crash.
Speaker 9: Hanging upside down, flames, smoke, stuff being shot all over
Speaker 9: the place. It's a very scary event that they went through.
Speaker 9: And if it later turns out that it was pilot
Speaker 9: error or something that somebody did wrong, then absolutely they're
Speaker 9: going to be lined up.
Speaker 3: I don't know how.
Speaker 5: I don't know what they would if wind shearing.
Speaker 9: When you're just guessing on the wind shear, there was
Speaker 9: a thirty degree quarter of a cross wind at that time,
Speaker 9: and maybe there's windshield, I don't know.
Speaker 5: Did you notice I used the words you know, he's
Speaker 5: taken on mark all of a sudden.
Speaker 3: Did you notice I.
Speaker 9: Used the word if if? Yes, if, But we don't
Speaker 9: know that if.
Speaker 5: There was this, if there was this wind shehar that
Speaker 5: caused a sudden loss of headwind. If there was and
Speaker 5: it was determined, let's say, let's say the doppler and
Speaker 5: everything shows it, it's you still are going to have
Speaker 5: attorney saying well, you should have been coming in faster
Speaker 5: because of it, or you should have compensated for it,
Speaker 5: or whatever.
Speaker 3: I mean, so, really, when would it not be? When
Speaker 3: would it not be.
Speaker 5: On the airline? I want you to give me a
Speaker 5: scenario if an if scenario when would it not be
Speaker 5: on the airline.
Speaker 9: I can't really think of a scenario where it wouldn't
Speaker 9: be on the airline unless it was a mechanical failure
Speaker 9: that had nothing to do with the airline itself and
Speaker 9: strictly with a you know, an outside repair company or something.
Speaker 9: And even then faster, yeah, even then they're going to
Speaker 9: point back to the lack of the protocols that would
Speaker 9: have discovered the mistake or I mean, you know exactly,
Speaker 9: I can't really think of a way that you're not
Speaker 9: going to rope in the carrier, and you know, in
Speaker 9: some way, just out of you know, caution, you're gonna
Speaker 9: name them as well, all.
Speaker 3: Right, And that's John Fuller, by the way.
Speaker 5: He's our fill in and also our expert on all
Speaker 5: kinds of personal injury stuff. So on this thirty grand.
Speaker 5: To me, they're gonna be sued anyway. They're all good,
Speaker 5: they're going to pay out. I have no idea what
Speaker 5: the thirty grand, unless it might they figure, Look, if
Speaker 5: this thirty grand dissuades one person from suing us because
Speaker 5: they feel better, they feel that's enough, or they didn't
Speaker 5: get any energury, maybe may I ask something John, we
Speaker 5: hear this all the time, this expression ambulance chaser, and
Speaker 5: and you know, it's obviously used to disparage personal injury attorneys.
Speaker 5: And what I want to know is this, are there
Speaker 5: attorneys that will have people soliciting or is that against
Speaker 5: the rules? I mean literally calling these people or finding
Speaker 5: out who they are, or dropping flowers by or you know,
Speaker 5: does that go on or is that just more of
Speaker 5: a myth, an urban legend, so to speak.
Speaker 9: I've heard about it. I mean, I've heard about that
Speaker 9: kind of stuff. I don't obviously I don't do any
Speaker 9: of those kind of things, and I don't know anybody
Speaker 9: that does those things. But you know, with that being said,
Speaker 9: there are certainly people that seem to get you know,
Speaker 9: a lot of certain kinds of cases and stuff that
Speaker 9: you have to wonder. So I don't know, I mean,
Speaker 9: everybody's searching for an angle and somebody to refer cases
Speaker 9: and stuff. So anything is within the realm of possibilities.
Speaker 9: But it is not permitted to go out and solicit cases.
Speaker 9: I frequently, you know, you can ask.
Speaker 3: What does that mean? What does that mean? It's not permitted?
Speaker 9: Is it against the law or is it the bar
Speaker 9: or what? Yeah, it's the state bar and the ethics
Speaker 9: rules that we have to live by. We can't go
Speaker 9: hang out in the emergency room and just wait for
Speaker 9: you know, for people that are banged up to come
Speaker 9: running through the front door. That's not allowed. I mean,
Speaker 9: it's it's strictly not loud. And so, you know, Susanne
Speaker 9: and them call me all the time. It's like, hey,
Speaker 9: we had this great call on the show. Why don't
Speaker 9: you call them up? And it's like, I can't do that.
Speaker 9: I can't call these people and just solicit, okay, the
Speaker 9: business out of the blue. They have to call me.
Speaker 5: I got another text on this. I got actually two
Speaker 5: or three. This is a popular really it just lit
Speaker 5: up a second. But first I need to take a
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Speaker 9: Help.
Speaker 5: You'll think you're his only customer when you choose Frank
Speaker 5: durand the real estate Man dot com to list your
Speaker 5: home with Remax Alliance three all three nine two zero
Speaker 5: sixteen twenty two. I'm Tom Artino, your troubleshooter three oh
Speaker 5: three seven one three talk seven one three eight two
Speaker 5: five five. When are you ready to take the plunge
Speaker 5: for electric cars? I'm just curious. I asked that I
Speaker 5: hear that NASCAR in the very near future, I mean
Speaker 5: very near, meaning not tomorrow or this year or next year, but.
Speaker 3: They're going all ev.
Speaker 5: Even NASCAR has said, oh wait, or has Michael Brown
Speaker 5: put it?
Speaker 3: They're going zero net zero emissions or something.
Speaker 5: Maybe maybe that's tricky speech for we're gonna buy some
Speaker 5: I don't know, some offsetting credits. Do they still do
Speaker 5: that scam where you can buy credits to offset your guilt?
Speaker 5: Did you know that for cheating husbands? They have credits
Speaker 5: you can buy now, So if you're gonna cheat on
Speaker 5: your wife, called jewelry in it in advance through the
Speaker 5: jewelry and flowers or acts of kindness, and basically it
Speaker 5: just builds up credit. That's how ridiculous I feel credits are.
Speaker 5: There's it's absolutely stupid. You're saying, I'm going to do
Speaker 5: some extra good so I can do some extra bad
Speaker 5: so my net bad is not bad. I mean, isn't
Speaker 5: that really what they're saying.
Speaker 9: I don't think that's the way it works. I don't
Speaker 9: think you can just well stock the old credit.
Speaker 5: You know.
Speaker 3: Actually, see, it's not.
Speaker 5: That far off they you know, I'm not kidding, it's
Speaker 5: not that far off. You you do you buy something
Speaker 5: like like you buy trees or or you pay for
Speaker 5: certain uh things to offset.
Speaker 9: Yeah, but now you're venturing down the road of like
Speaker 9: these carbon credits and stuff, and you're sounding very algorish,
Speaker 9: and you know this idea that you can I know,
Speaker 9: but who are you paying this money to and what
Speaker 9: does it do and how does it buy.
Speaker 3: You the I don't know. I'm not advocating leer.
Speaker 9: Jet is dumping eighteen thousand tons of carbon between here
Speaker 9: and Davos, Switzerland, you know.
Speaker 3: And I'll have you know, I'll have you know that
Speaker 3: my lear jet doesn't burn near that.
Speaker 9: Well that's three L three set it really warm to
Speaker 9: the heart, you know.
Speaker 5: Yeah, seven one three, eight two five five. For those
Speaker 5: listening by the way, or who don't know us, that's
Speaker 5: not I don't have a lear jet.
Speaker 3: Okay, it's a citation, Okay.
Speaker 5: So I I wanted to talk about personal injury on
Speaker 5: the Kulda would have should have. I'm not this is
Speaker 5: all going to be like nameless. And it wasn't John Fuller,
Speaker 5: but it was many years ago. There was a time
Speaker 5: there was an infant, an infant who there's something with
Speaker 5: medicine messed up. It didn't hurt the baby at all
Speaker 5: at all, but there were some tense moments and the
Speaker 5: baby was given some kind of drops.
Speaker 3: Here here was the gist of the story is that
Speaker 3: the mom was so.
Speaker 5: Upset and the attorney says, look, you're not going to sue.
Speaker 5: Nothing happened.
Speaker 3: And in this case.
Speaker 5: And John, afterwards, I'll give you the name and all that,
Speaker 5: but it what they did was they sued on the
Speaker 5: fright that that mom went through. And it was a
Speaker 5: could have, should have?
Speaker 3: Would it not not would have? But yeah, well if
Speaker 3: you would have done it right, But it's like what
Speaker 3: could have? What could have? And she actually want some
Speaker 3: money on that.
Speaker 9: Surprise you, John, you know, depending on I said, how
Speaker 9: did it work out for him? Well, she won, Yeah,
Speaker 9: depending on the jurisdiction. I mean, listen, that is not
Speaker 9: a case that I would take And I and and
Speaker 9: that exact same thing happened to my sister. She was
Speaker 9: she she had a prescription to pick up for her child.
Speaker 9: She went and picked it up, went home, gave it
Speaker 9: to her child, and then found out that it was
Speaker 9: the wrong drug in the prescription bottle. And thankfully fortunately
Speaker 9: nothing happened. But she was beside herself mad And I
Speaker 9: just said, no, it's just not a case that I'm
Speaker 9: willing to take on. I think a lot of juries
Speaker 9: are like, well, nothing happened, you know, move on, and
Speaker 9: they're just you know, that's just And I don't really
Speaker 9: have a problem with that. I mean, I'm not saying
Speaker 9: there would be a case sometime somewhere where that would
Speaker 9: be a legit claim, but just just on the face,
Speaker 9: it's not a case that I would take on.
Speaker 5: Okay, all right, but there are cases where they get
Speaker 5: a jury incensed even though there were no there was
Speaker 5: no permanent damage on how casual they were. There was
Speaker 5: one another one that stands out John years ago, this
Speaker 5: woman slipped and fell at a supermarket. It was an
Speaker 5: obvious bull crap thing, but she was upset with how.
Speaker 3: The manager reacted.
Speaker 5: Okay, her actual injuries didn't turn out to be that bad,
Speaker 5: but she was so incensed that the manager was so
Speaker 5: casual and almost disrespectful, and I think she was trying
Speaker 5: to play a race card, but I'm not sure. But
Speaker 5: she did get an attorney to take the case, and
Speaker 5: he said on the show, oh yeah, we can do
Speaker 5: something with this. You know, I don't know what the
Speaker 5: outcome was, but I often said most lawsuits are out
Speaker 5: of anger, and good attorneys disregard anger.
Speaker 3: But Tom, I can tell you doesn't there have to
Speaker 3: be in a company injury, not just an insult to injury,
Speaker 3: so to speak.
Speaker 9: In my world, yes, absolutely, I have gotten that call
Speaker 9: at least twenty times Tom over the years.
Speaker 5: Okay, I'm glad that. Okay, So you do know people
Speaker 5: do that. They get angry by by reactions as they get.
Speaker 9: Mad, and it's like the next question as well, where
Speaker 9: you're hurt, Well no, but that's not the point. And
Speaker 9: it's like, that's exactly the point. You're not hurt, and
Speaker 9: that's a necessary ingredient for the you know, a negligence
Speaker 9: action or premisis's liability action.
Speaker 10: And John will tell you so a lot of the
Speaker 10: times of communication, we as physicians have to in order
Speaker 10: to continue our malpractice insurance, we have to take courses
Speaker 10: on how to deal with bad outcomes, computing, hating with patients,
Speaker 10: accept the responsibility and it significantly lowers the chances of
Speaker 10: being sued if it's a minor incident.
Speaker 9: Don't you agree, John, Isn't that bad? They have to
Speaker 9: send them to a class to learn how to say
Speaker 9: I'm sorry.
Speaker 6: Well no, it's actually sorry.
Speaker 3: But it's communication is so fricking important.
Speaker 9: That is That is the gist of it. Is that
Speaker 9: most people, if you know, not everybody is just dying
Speaker 9: to go sue. And some people legitimately just want to
Speaker 9: hear the doctor say we made a mistake and that's
Speaker 9: the end of us. And they learned that lesson and
Speaker 9: they did implement it, and it was it was with
Speaker 9: good intentions, as good as an insurance company wanting to
Speaker 9: save their own money can be, you know, ascribed to it.
Speaker 9: But it's yeah, Hey, I don't.
Speaker 5: Know if this is true, but I just got a
Speaker 5: text saying that Tesla got wealthy or or became a
Speaker 5: profitable because other car manufacturers were purchasing carbon credit from
Speaker 5: Tesla in order to offset their own lack of building evs.
Speaker 3: I don't even know that's true. But is it true?
Speaker 5: I'm asking my boyfriend. Okay, my boyfriend said, you are
Speaker 5: absolutely right. Which one profitability?
Speaker 3: Yeah? Yeah, yeah, Chat GPT.
Speaker 5: I want to change it to a girl's voice like
Speaker 5: Gemini used to not Gemini, but co pilot used to be.
Speaker 5: I dropped that co pilot Microsoft Copias sucks. I like Chat,
Speaker 5: but he has a man's voice and I can't change it.
Speaker 5: So yeah, I used to call her my girlfriend. This
Speaker 5: is my boyfriend You're absolutely right Tesla's profitability, but his
Speaker 5: preferred pronouns are it and whatever piece of crap, So
Speaker 5: I'm done. Tesla's profitability in early years was a result
Speaker 5: of regulatory carbon credits they sold to other automakers.
Speaker 3: I never knew that many.
Speaker 5: Traditional car manufacturers, especially those producing gas powered vehicles, needed
Speaker 5: to comply with emissions regulations in various markets. Instead of
Speaker 5: immediately transitioning to some EV vehicles, they bought zero emission
Speaker 5: credits from Tesla.
Speaker 3: For years.
Speaker 5: The revenue stream actually helped Tesla remain financially viable while
Speaker 5: it was scaling up its EV production and losing money.
Speaker 3: On each car.
Speaker 9: Sounds like a good business.
Speaker 3: Think about that.
Speaker 5: They're losing money on each car because they wanted to,
Speaker 5: because they were they wanted to get in the EV business.
Speaker 5: But at the same time, blah blah blah, you know,
Speaker 5: they they were selling credits. Okay, this is pretty cool.
Speaker 5: We got more coming up on Tom Martino three oh three,
Speaker 5: seven to one three talk. By the way, we talked
Speaker 5: about this before, I'll talk about it again.
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Speaker 5: obligation comparison call compass insurance paying too much your coverage
Speaker 5: at dozens of insurance companies find out now three oh
Speaker 5: three seven to seven to one help. You'll think you're
Speaker 5: his only customer when you choose Frank durand the real
Speaker 5: estate Man dot com to list your home with Remax
Speaker 5: Alliance three oh three nine two zero sixteen twenty two. Hi,
Speaker 5: Tom Martino here three oh three seven one three talk
Speaker 5: seven one three two five five. Okay, Marianne's on with
Speaker 5: a follow up. Go ahead, Marianne. You uh are you
Speaker 5: work with Deputy D. Deputy D's in house. Hello, Yeah,
Speaker 5: go ahead, I'm listening.
Speaker 11: Oh.
Speaker 12: I called the other day about problems without trash pick
Speaker 12: up at a condo complex.
Speaker 13: And you put me in teach with Dimitri.
Speaker 12: Yes, he and he worked miracles. Hey, he took cares
Speaker 12: waste connections, came and picked up al garbage. It was wonderful.
Speaker 13: You know.
Speaker 5: I'm glad you called to let us know that Depity
Speaker 5: D gave us an update yesterday on that. And so
Speaker 5: now do you think they'll start picking up regularly?
Speaker 12: Well, I just saw the truck leave my parking lot
Speaker 12: this morning, so we're out here. They were out here
Speaker 12: again yesterday this morning.
Speaker 5: So did you go around telling everyone that you were
Speaker 5: Did you go out and tell everybody you were responsible
Speaker 5: for all of this?
Speaker 3: By you? By you?
Speaker 12: I told my board, the HOA president, and next week
Speaker 12: we have a homeowner's meeting and I will tell them
Speaker 12: on the meeting.
Speaker 3: I didn't tell them all to the Tom Martino Show.
Speaker 9: She should get an.
Speaker 3: I'm going to do the dinger.
Speaker 5: Don't tell me how to use my dinger and listen, Marianne,
Speaker 5: here's the deal.
Speaker 3: I want you to tell everyone to listen to the
Speaker 3: Tom Martino Show.
Speaker 13: Oh I do.
Speaker 1: I do that all the time.
Speaker 14: Good.
Speaker 3: I'm so happy, and.
Speaker 5: I want to give you what Deputy Doc was saying.
Speaker 5: Deputy Doc was saying, I should give you the dinger.
Speaker 5: What that means is this, we have a dinger like
Speaker 5: a winner sound when people have good success on the show.
Speaker 3: Here it goes now dog gone it never mind. I'm
Speaker 3: just so tired.
Speaker 5: Okay, just when I need my dinger, it lets me down.
Speaker 5: And I had it all working, not working.
Speaker 9: It normally works.
Speaker 5: No, you know, at seventy one, you know sometimes, Marianne,
Speaker 5: the dinger doesn't always work.
Speaker 3: I'm gonna be honest with you.
Speaker 13: You know what feeling.
Speaker 3: Okay?
Speaker 5: Now, yeah, man, I'm telling you sometimes I just get
Speaker 5: this technology craft.
Speaker 3: Okay. So, Adam, what's happening with you? Adam?
Speaker 15: So I talked to you the other day about lantac
Speaker 15: Is here in Pueblo, West, how they changed Wait a minute,
Speaker 15: wait a minute, what what.
Speaker 3: Was it about?
Speaker 13: Well, was.
Speaker 5: It was about property taxes and extra land, right, And
Speaker 5: I think I remember talking to you and I said
Speaker 5: something about Adam that if the lot was together, they
Speaker 5: the extra land is is should be part of the
Speaker 5: original homestead. But if it's a separate lot, they tax
Speaker 5: it as a vacant lot.
Speaker 15: Okay, So let me just throw this out there. Since then,
Speaker 15: I've done some research in looking into it, and I'm
Speaker 15: just going to give you two examples. I got two
Speaker 15: properties of neighbors that live within eye sight of me.
Speaker 15: One of them have the exact same as me house
Speaker 15: on one lot totally fenced in vacant land. Next door,
Speaker 15: his lot was right, not changed, stayed at seven and
Speaker 15: a half percent cross.
Speaker 3: Okay, but let me let me let me ask you something.
Speaker 3: This is real quick. I need to ask you something.
Speaker 5: So that neighbor you're talking about, he's got two separate lots.
Speaker 5: He lives in one on one of the lots in
Speaker 5: a home, right, correct, And the other lot is totally vacant.
Speaker 15: Yep, not a thing on it. He just has it
Speaker 15: there for a house is not built next door, just
Speaker 15: like me.
Speaker 5: And how are they and how are they classifying it?
Speaker 5: Are they classifying it? As part of his primary residence
Speaker 5: or are they classifying it as a vacant lot?
Speaker 15: So when I just got off the phone with the
Speaker 15: assessor's office.
Speaker 5: They no, No, this other neighbor. How are they doing
Speaker 5: his lot, his extra.
Speaker 15: Lot classifying it as a residential lot.
Speaker 3: Well, then that would be a pretty high tax.
Speaker 15: No, it is the same seven and a half percent.
Speaker 15: It's the vacant land taxes at the twenty seven and
Speaker 15: a half percent.
Speaker 5: Oh you mean the vacant land meaning what's the okay?
Speaker 5: I want you to tell me, and I hope you
Speaker 5: tell me when you talk to them, you found out
Speaker 5: the difference between vacant land and a vacant lot.
Speaker 3: Go ahead, They don't have.
Speaker 15: A difference between a vacant land and a vacant lot. Basically,
Speaker 15: they had one person at the assessor's office that hand
Speaker 15: picked eight hundred and seventy lots that they changed the
Speaker 15: evaluation on. They couldn't give me any claim.
Speaker 3: Well, then you're going to win. Then you're going to win.
Speaker 3: And do you know how easy it is to do?
Speaker 3: You know how to challenge an assessment?
Speaker 5: Right?
Speaker 15: So if I do an abatement, they say that the
Speaker 15: only thing I could argue in the abatement is the right,
Speaker 15: like the way that the taxes is given to me.
Speaker 15: I can't fight the classification of the land that they
Speaker 15: changed the only way.
Speaker 3: I could have.
Speaker 5: Well, that's not that's not true, Adam, you're not getting
Speaker 5: accurate information. Let me explain something, and we do have
Speaker 5: ed Tomlinson who wrote the book over text, and he
Speaker 5: wrote how to, how to you know, reject or protest
Speaker 5: or contest the assessments and even the taxes and the bills.
Speaker 5: And each level you go up, the consumer is more successful.
Speaker 5: The first level they usually turn you down and they
Speaker 5: tell you ridiculous things like that, we're not going to
Speaker 5: take this, We're not going to take that. The second level,
Speaker 5: they're a little more amenable. The third level you almost
Speaker 5: always win unless you're ridiculous.
Speaker 3: But what you're saying.
Speaker 5: Doesn't sound ridiculous to me. I don't understand this. Why
Speaker 5: would one lot, a separate residential lot in that subdivision
Speaker 5: be taxes seven and a half percent and another one
Speaker 5: at twenty five percent?
Speaker 3: I don't get it.
Speaker 15: I don't get it either. And what I was going
Speaker 15: to tell you is the lady across the street has
Speaker 15: three lots, one on each side of her. One of
Speaker 15: hers was changed to twenty seven and a half percent
Speaker 15: and the other is it seven and a half percent?
Speaker 5: No, no, okay, that's absolutely wrong. And you know what,
Speaker 5: we need someone to look into this now. You know,
Speaker 5: I don't know how did we leave our last conversation.
Speaker 5: Did I assign this anyone or what? How did we
Speaker 5: believe you forgot that.
Speaker 15: I probably have to pay the tax because they had
Speaker 15: the right to change the evaluation.
Speaker 3: They do, hold on, they do have the right.
Speaker 5: Let me explain what I meant. They can change, you know,
Speaker 5: as a municipality, they can change their mill levees and
Speaker 5: all of that, but they have to be consistent. I
Speaker 5: mean what I'm saying is they could say to people,
Speaker 5: For example, a lot of people were trying to get
Speaker 5: a residential lot oversized so they pay one assessment and
Speaker 5: one rate. But then some counties came in and said,
Speaker 5: that's not an oversize lot. That is a separate residential lot.
Speaker 5: And if it's a separate residential lot, then you're going
Speaker 5: to pay a higher tax than if it was simply
Speaker 5: extra land that you have on your own lot. Adam,
Speaker 5: it doesn't matter, it doesn't apply in your case. But
Speaker 5: that's what I thought they were doing. I thought they
Speaker 5: were telling you, hey, Adam, it's since you never built
Speaker 5: on it and it's been there forever, we're going to
Speaker 5: classify it as Oh no, excuse me, just the opposite.
Speaker 3: They should have said to you.
Speaker 5: Uh, we're going to classify it as a separate residential
Speaker 5: lot and the other one. I don't know why the
Speaker 5: vacant land thing came into effect. It sounds like they
Speaker 5: have no rhyme or reason. Hey, can what if you
Speaker 5: guys make a call down there? Hold on, man, hold on,
Speaker 5: I got to take a break. Three oh three, seven
Speaker 5: to one to three, talk Adam. Hold on, I'll talk
Speaker 5: to you again, Bro, I will don't hang up. This
Speaker 5: is inconsistent. We have more coming right up. Go with
Speaker 5: a sure thing Denver's Best roofer Excel Roofing dot com.
Speaker 5: You don't pay a cent until you're content. Time for
Speaker 5: an insurance checkup free, no obligation. In comparison, call Compass
Speaker 5: insurance paying too much your coverage at dozens of insurance companies.
Speaker 5: Find out now three oh three seven seven to one help.
Speaker 5: You'll think you're his only customer when you choose Frank
Speaker 5: durand the real estate man dot com to list your
Speaker 5: home with Remax Alliance three oh three nine two zero
Speaker 5: sixteen twenty two. Hey, I'm Tom Martino, your troubleshooter three
Speaker 5: oh three seven one three talk seven one three five.
Speaker 3: Adam.
Speaker 5: I have a quick question, Adam, forget the vacant lot
Speaker 5: next to you. I just want to ask you, what
Speaker 5: is your house assess at what percentage?
Speaker 15: Seven and a half percent?
Speaker 5: Okay, So on some on some residential properties, they're assessing
Speaker 5: the lot next to it, which is a vacant residential lot,
Speaker 5: the same way they would if there was a house
Speaker 5: on it, at seven and a half percent. But in
Speaker 5: some in some cases, they're taking the vacant lot and
Speaker 5: they're saying, no, this is raw land, and so we
Speaker 5: are going to charge you more. And that makes zero
Speaker 5: sense to me. Now, didn't you say last time, though, Adam,
Speaker 5: wasn't there some kind of weird case with you where
Speaker 5: your particular was there something where it hadn't been built
Speaker 5: on or you don't plan to build on it? Ever,
Speaker 5: wasn't there something to do with intent?
Speaker 15: There is nothing to do with intent. No, they have
Speaker 15: no idea of no intent. I have to do with
Speaker 15: the land. It is just a purchase piece of land
Speaker 15: between me and the person that lives there. So nobody
Speaker 15: puts the house there.
Speaker 3: And they are on a survey two separate pieces of land.
Speaker 15: They are two separate pieces of land.
Speaker 3: Yes, correct, Like you would be lot if you looked
Speaker 3: at the if you looked at the platt. Oh well
Speaker 3: you just told me that, then two separate.
Speaker 5: So if you look at the plat the subdivision, you
Speaker 5: would be lot number six, and that could be lot
Speaker 5: number seven exactly.
Speaker 3: Wow, I and Adam. The only excuse they gave you
Speaker 3: is they can do it. They have the right to
Speaker 3: do it.
Speaker 15: They they quoted these court cases and they told I
Speaker 15: mean the answers I got from are they changed eight
Speaker 15: hundred and seventy lots. And they wouldn't tell me what
Speaker 15: their process was to determine which lots were eligible. Okay,
Speaker 15: they had one person in their office who basically picked
Speaker 15: which wats they were.
Speaker 5: Okay, if they if they and and this is what
Speaker 5: d is going to look at because DEA is convinced
Speaker 5: it's not random.
Speaker 3: They have some kind of formula. So let's just.
Speaker 11: Say utilities to the lake. If they come a lot
Speaker 11: in question, do you have utilities hooked up to that
Speaker 11: lot already?
Speaker 3: So there is a waterline that we're going to run
Speaker 3: out of time? Is run?
Speaker 5: Hold on, We're going to run out of time. Hold on, Hey, Shannon,
Speaker 5: what do you not understand about?
Speaker 3: Hold on?
Speaker 5: Okay, we got more coming up on the Troubleshooter Show.
Speaker 5: Stick around Why are they doing some lots more and
Speaker 5: some lots less? We'll talk about it and more on
Speaker 5: the Troubleshooter Show. Go with a sure thing Denver's Best
Speaker 5: Roofer Excel Roofing dot com.
Speaker 3: You don't pay a cent until your content.
Speaker 5: Leave time for an insurance check up free, no obligation.
Speaker 5: In comparison, call Compass Insurance paying too much your coverage
Speaker 5: at dozens of insurance companies find out now three oh
Speaker 5: three seven seven to one help. You'll think you're his
Speaker 5: only customer when you choose Frank durand the real estate
Speaker 5: Man dot com to list your home with Remax Alliance
Speaker 5: three all three nine two zero sixteen twenty two yea.
Speaker 2: Ripped off. You need advice so you don't have to
Speaker 2: come runing sus fast as we can. Shooter's gonna help.
Speaker 9: Come man, This is the Troubleshooter Show.
Speaker 5: No Tom Martine, Okay, Tom Martina, your Troubleshooter three oh.
Speaker 3: Three seven one three talk seven one three A two
Speaker 3: five five. Here to help you any way that we can,
Speaker 3: any day that we can.
Speaker 5: John Fuller's with us and he is our expert on
Speaker 5: personal injury, but he also helps us on the show
Speaker 5: from time to time.
Speaker 3: And Adam's got a question on property tax that we
Speaker 3: talked about it. I guess.
Speaker 5: He brings up a good point, and I want to
Speaker 5: know if anybody has any suggestions for him. Deputy d
Speaker 5: is going to make a call, but can anyone think
Speaker 5: of a reason why? And I think it's going to
Speaker 5: boil down to I don't know, maybe intent. I know
Speaker 5: he said it has nothing to do with intent. But
Speaker 5: let me give you a scenario. If you have a
Speaker 5: lot next to you and you're living on a lot,
Speaker 5: and so you have one lot in a subdivision with
Speaker 5: a house on it and you live there and next
Speaker 5: to you. Let's say you bought a lot to buffer
Speaker 5: or just bought a lot for speculation.
Speaker 3: It doesn't matter why you bought it. You bought an
Speaker 3: extra lot.
Speaker 5: And if your house has a tax ra of seven
Speaker 5: and a half percent, and that vacant lot also has
Speaker 5: a tax rate of seven and a half percent. Then
Speaker 5: why all of a sudden would they assess it at
Speaker 5: twenty seven percent, saying it's no longer a vacant lot,
Speaker 5: it is now vacant land.
Speaker 3: And I don't think that's what's happening. I have another theory.
Speaker 3: This is my theory.
Speaker 5: My theory is they looked at Pueblo West and a
Speaker 5: bunch of other lots in Pueblo, and they said, you
Speaker 5: know a lot of people have extra lots that they're
Speaker 5: never going to build on, they're never going to sell, and.
Speaker 6: We are going to now.
Speaker 3: We're going to call that extra land or vacant land.
Speaker 3: We're going to add it.
Speaker 5: But that still doesn't make sense to me, because I
Speaker 5: don't know why they wouldn't assess it at the residential rate.
Speaker 3: I don't get it.
Speaker 5: I just I'm trying to I'm trying to impute reasoning
Speaker 5: to them. John Fuller, you have any idea why they
Speaker 5: would take land and some of it a tax rated
Speaker 5: at seven and a half and others at twenty seven
Speaker 5: and a half.
Speaker 9: You know, the only thing that just comes to mind
Speaker 9: is whether there was some deed restriction on the undeveloped
Speaker 9: properties or not if it could be developed. Dimitri I
Speaker 9: thought had a great idea about whether there were some
Speaker 9: utilities it might have been hooked up to the lot,
Speaker 9: making it, you know, available for development, whereas perhaps another
Speaker 9: one is not. I mean, there's got to be something there.
Speaker 5: Or there's some reasoning in their head, in their head,
Speaker 5: there's some reasoning, or we're going to find out.
Speaker 9: That there's not, and it's just an absolute mistake and
Speaker 9: it's going to have to get you know, recognito.
Speaker 15: But they're quoting do you think court case that the
Speaker 15: Supreme Court case you've looked up online last time? They're
Speaker 15: quoting that as there now reason.
Speaker 3: Too, and can you refresh our memory on that court case.
Speaker 15: I don't know a whole lot about it, honestly, but
Speaker 15: I think it was Casey County versus somebody, and it
Speaker 15: gave them the right to declare lots as vacant land
Speaker 15: versus residential lots.
Speaker 9: And I understand that, but they can't they can't.
Speaker 3: No wait, wait, even if that's true, go ahead, John.
Speaker 9: Yeah, that that may be well and good, but they
Speaker 9: can't classify similarly situated properly properly differently. That's the difference, right, and.
Speaker 15: That's that's exactly what I'm saying, is that is exactly
Speaker 15: what they are doing. The people right in front of
Speaker 15: my house has a house on one in the lot
Speaker 15: next door, and he is classified at seven and a
Speaker 15: half percent on both.
Speaker 9: I think you're going to have to go through the
Speaker 9: appeals process, and you may even have to be the
Speaker 9: next lawsuit that goes up to the Supreme.
Speaker 3: But I think he'll win. I think, hey, how much
Speaker 3: difference in tax does that all add up to.
Speaker 15: I mean, it went from two hundred dollars a year
Speaker 15: to one thousand dollars a year.
Speaker 11: That's a lot when you had a all trap man, Adam,
Speaker 11: have you followed the county assessor's appeal process?
Speaker 15: They are sending me the I mean, the only thing
Speaker 15: they say I could do is do an abatement. But
Speaker 15: they said the only way I could have appealed it
Speaker 15: was appeal it last April when they said they sent
Speaker 15: me a letter which I don't believe I received. Okay,
Speaker 15: said they're now sending me another letter and they say,
Speaker 15: come May, I can appeal it for next year.
Speaker 11: Okay, I think you're going to get your answer when
Speaker 11: you appeal it in May.
Speaker 15: Yeah, but I still have to pay this year, they which,
Speaker 15: I mean, it's a thousand dollars. Fine.
Speaker 3: I don't think you're going to get away.
Speaker 11: I don't think you can get away from that because
Speaker 11: the time to appeal this particular year has come and gone.
Speaker 11: Even though it sounds like it's not your fault, there
Speaker 11: is nothing that any of us can do to get
Speaker 11: the county to say, Okay, he doesn't have to pay
Speaker 11: until he files next year's appeal.
Speaker 15: Well, no, I mean, I just don't think it's not
Speaker 15: only fair to me, it's not fair to the eight
Speaker 15: hundred and seventy people that they randomly picked. And when
Speaker 15: I asked him how they decided, they told me one
Speaker 15: person in their office went and looked at the lots
Speaker 15: and picked the eight hundred and seventy Watts that he picked.
Speaker 11: I don't dispute that, and it does sound like something
Speaker 11: fishy is going on, But I think the clearest and
Speaker 11: the most proper way to filew to do this, to
Speaker 11: dig into it, is to file an appeal in May,
Speaker 11: and then they'll provide you in writing what their justification is.
Speaker 11: Or it could be that their investigation will turn up
Speaker 11: some information in your favor and they'll reverse this reclassification
Speaker 11: of your property.
Speaker 3: Hey, I have an idea though on the appeals process.
Speaker 5: If we can, can you call Ed Tomlinson Kachina, I'll
Speaker 5: give you his number, Ed Tomlinson real Estate Services. You're
Speaker 5: ready to take his number? No, I'll text it to you.
Speaker 5: Never mind, I'll just text it. Just text it to me,
Speaker 5: all right, Kachina. Yeah, I think that we need to
Speaker 5: we need to call him. I want to know not
Speaker 5: he may know why this has happen, but I think
Speaker 5: also what he will do. His name is Ed Kelly.
Speaker 3: He may have a way to you know, like he'll
Speaker 3: give us an idea of how to protest it. Because
Speaker 3: when they say.
Speaker 5: You're not allowed to use this or you're not allowed
Speaker 5: to use that, you can use anything you want. They
Speaker 5: can't tell you what you can and cannot use. I mean,
Speaker 5: I never heard of such a stupid thing. And by
Speaker 5: the way, I don't know if Frank Dran the real
Speaker 5: estate man, would know anyway. But in any case, if
Speaker 5: you're ever looking for an assessment of what something's worth,
Speaker 5: Frank durand the real estate man dot com.
Speaker 3: While we're on the topic.
Speaker 5: If you're looking to list something, he can give you
Speaker 5: a pretty good indication based on the market and the
Speaker 5: neighborhood and the comps. And that's his forte of course,
Speaker 5: and of course selling in record time for more money,
Speaker 5: and that's three oh three nine to zero teen twenty two.
Speaker 5: So Adam, we're gonna find We're gonna see what we
Speaker 5: can find out. Let's move on and we'll get back
Speaker 5: to you. I promise you, and I bet you.
Speaker 3: Deputy D's talking to you already. So we have some
Speaker 3: things we've been talking about.
Speaker 5: Somebody had a personal injury case and they said, why
Speaker 5: is it that I can't get an attorney to take
Speaker 5: a slip and fall case? Now you mentioned one time, John,
Speaker 5: that slips and falls or or let's call them premises liability,
Speaker 5: they're very difficult. What's difficult about them?
Speaker 9: Well, the you know, the main difficulty is that it's
Speaker 9: a statutory cause of action, meaning that it's not just
Speaker 9: simple negligence like we might have for a car crash
Speaker 9: or something else. So we have a statutory what's the difference.
Speaker 3: I don't understand that. What's the difference.
Speaker 9: So what happened is back in nineteen eighty six, the
Speaker 9: legislature said, you know, we just can't have these people
Speaker 9: suing every time they slip and fall on a commercial property.
Speaker 9: And they're going to make all of our businesses close
Speaker 9: up and leave this and we better do something, and
Speaker 9: we're going to pass along and make it really tough
Speaker 9: on people to file these darn slip and fall cases.
Speaker 9: And that's what they did. And so they occupied the
Speaker 9: field with a statutory meaning, a law that sets forth
Speaker 9: the actual parameters that you have to satisfy if you're
Speaker 9: going to claim injury from a slip or a fall
Speaker 9: on somebody else's property. And so we have this crazy
Speaker 9: thing where and it's not the only standard, but the
Speaker 9: standard that applies to most people is that the landowner
Speaker 9: is responsible for their unreasonable failure to take reasonable steps
Speaker 9: to protect against the dangerous condition that they knew of
Speaker 9: or should have known of. And you might think, well,
Speaker 9: what's the problem with that, Well, you have two reasonables
Speaker 9: and a new or should have known in the same sentence,
Speaker 9: and so it can be manipulated to where almost nothing
Speaker 9: truly qualifies as a unreasonable failure to take reasonable steps.
Speaker 9: I mean, just that language alone is confusing and courts
Speaker 9: struggle with it, and so do reason everything else. And
Speaker 9: so it's my understanding that the latest stats are that
Speaker 9: among cases that go to trial for premises liability, almost
Speaker 9: seventy percent of them will result in a defense verdict,
Speaker 9: which means the planeiff, the guy that got hurt, loses.
Speaker 9: And so that's the standards you're up against. They're very tough,
Speaker 9: they're very expensive, and a good number of them end
Speaker 9: up going to trial where the plaintiff ends up losing.
Speaker 5: Okay, okay. So in essence, when it comes to lawsuits
Speaker 5: for let's say, personal injury, yeah, I would say, and
Speaker 5: I don't mean this as a put down or an insult,
Speaker 5: but the low hanging fruit traffic accidents, right, I mean
Speaker 5: truly because usually there's someone at fault.
Speaker 9: Well, I mean if if by low hanging fruit you
Speaker 9: mean we have more of those planes than other types
Speaker 9: of injury cases than I will.
Speaker 16: They're easier to pursue, They're easier to pursue. Let's say,
Speaker 16: I don't know that I agree with that. There is
Speaker 16: a tremendous mechanism or machine out there of the defense
Speaker 16: industry that fights at every level and every angle to
Speaker 16: diminish and deny legitimate claims by injured people. So we
Speaker 16: battle every day in our claims for our clients.
Speaker 5: Okay, all right, so it's and and and then somebody
Speaker 5: else just texted me and wanted to know about, uh,
Speaker 5: if a commercial truck hits them, isn't that a whole
Speaker 5: different set of circumstances And is it easier to collect
Speaker 5: whatever that means?
Speaker 9: It's most definitely not easier to collect. The problem with
Speaker 9: commercial cases, is it. Not only do you have a
Speaker 9: simple negligent you know, issue between the driver and the
Speaker 9: injured party, but we also have an entire body of
Speaker 9: federal law, in the federal motor carrier safety you know,
Speaker 9: regulations that apply dictate a whole separate group of standards.
Speaker 9: And we also have the carrier, we have the shipper,
Speaker 9: we have the receiver, We have a whole bunch of
Speaker 9: different people that are potential, you know, potentially liable in
Speaker 9: the case of a large commercial vehicle accident. So they
Speaker 9: are very complicated, you know, And and they also tend
Speaker 9: to be the cases with the most catastrophic injuries, and
Speaker 9: so you know, there's just simply no way that you
Speaker 9: could handle a case like that yourself and get a
Speaker 9: and get a respectable outcome.
Speaker 3: No way, okay, so on.
Speaker 5: So also they said that there are some limits to
Speaker 5: liability based on legislation or laws. I don't know what
Speaker 5: they're referring to, but in that case, have you ever
Speaker 5: busted through one of those limits?
Speaker 3: I have no idea what they're talking about.
Speaker 9: Yeah, So, just generically speaking, there are limits that apply
Speaker 9: to onmost every lawsuit. And the limits are are They
Speaker 9: differ based on the type of case, and and a
Speaker 9: bunch of different factors. Mostly the limits apply to non
Speaker 9: economic damages, which are the traditional pain and suffering type
Speaker 9: damages that can't be quantified with a medical bill or
Speaker 9: a wage loss calculation or something, and and and and
Speaker 9: then there are provisions that allow, in really extraordinary cases
Speaker 9: for a judge to double those those caps and and
Speaker 9: allow the plane to recover more. I have not had
Speaker 9: a case where that has happened. I've only heard of
Speaker 9: one or two cases where that's happened. It's very rare
Speaker 9: and and and generally, you know, the bulk of the
Speaker 9: damages you know, are in a case like that, are
Speaker 9: going to come from the economics, so you know, it's
Speaker 9: it's not as not as difficult, So I don't know.
Speaker 9: It's a it's a tough cap to get to get over.
Speaker 5: Okay, and uh, we have more coming up on the
Speaker 5: Troubleshooter Show three zero three seven to one three talk
Speaker 5: seven one three eight two five five Go with a
Speaker 5: sure thing Denver's best roofer Excel Roofing dot com. You
Speaker 5: don't pay a cent until you're content. Time for an
Speaker 5: insurance check up free, no obligation comparison call Compass Insurance
Speaker 5: paying too much your coverage at dozens of insurance companies
Speaker 5: find out now three oh three seven seven to one.
Speaker 9: Help.
Speaker 5: You'll think you're his only customer when you choose Frank
Speaker 5: durand the real estate Man dot com to list your
Speaker 5: home with Remax Alliance three oh three nine two zero
Speaker 5: sixteen twenty two.
Speaker 3: Hi Tom Archino, Arlen, what's going on with you?
Speaker 13: Well? I have a problem with getting Champion Windows to
Speaker 13: come out and replace my broken kitchen window has happened
Speaker 13: two days ago, I guess. I picked up my blind
Speaker 13: and I looked and there's a crack on one side
Speaker 13: of my kitchen window.
Speaker 3: How long ago did you have those windows put in?
Speaker 13: I really don't know. I had different job sections of
Speaker 13: the house put in at different times, but they say, okay, guaranteed,
Speaker 13: They're guaranteed for life. This is the three sixty five glass.
Speaker 3: I understand. Do you know how it broke? By any chance,
Speaker 3: you know how it broke?
Speaker 5: No?
Speaker 13: I looked in the yard. There's no bird. I mean,
Speaker 13: I got a big yard and I'm facing west now.
Speaker 5: Not all warranties covered. I don't know about champions warranty.
Speaker 5: Not all of them covered a break or a glass breakage?
Speaker 3: Does theirs?
Speaker 17: Oh?
Speaker 13: Okay? But they they told me it would be one
Speaker 13: hundred and nineteen dollars. Okay, But they said they couldn't
Speaker 13: do anything for ninety.
Speaker 3: Days or the long And when was that?
Speaker 5: Uh?
Speaker 3: And when was that?
Speaker 13: What I found the crack when I called it?
Speaker 3: Why did they say? Why did they say it was
Speaker 3: going to be that long?
Speaker 13: They said they were backed up.
Speaker 3: Oh and you can't wait or what you can't wait
Speaker 3: ninety days?
Speaker 13: Well, if we get a big wind from the west
Speaker 13: and this window comes in that I'm really screwed.
Speaker 3: But how bad is that crack that you might think
Speaker 3: it would collapse?
Speaker 13: Well, from top to bottom, the bottom I could feel
Speaker 13: the one edge is not what is what the glass?
Speaker 10: Oh well, Arlene, one thing you can do is just
Speaker 10: put some duct tape on the crack on both and
Speaker 10: that will prevent it from.
Speaker 5: Down or reinforce it a different way, even doc, I
Speaker 5: know what you're saying. They she could put some plexi
Speaker 5: or some plastic or something just to just to reinforce you.
Speaker 6: Well, duct tape is just the busiest.
Speaker 3: Yeah, yeah, I guess, I guess they're Arlene. Do you
Speaker 3: have any handyman?
Speaker 5: You know?
Speaker 13: No, I'm the handyman, Arlene.
Speaker 3: Where do you? Where do you live? What part of town?
Speaker 3: Don't give me your address, but what part of the
Speaker 3: city are you or the metro area?
Speaker 13: I'm a North Glenn.
Speaker 5: You know you should be able to get someone who
Speaker 5: can just I mean, you say you're the handyman.
Speaker 3: I mean, who do you have to do little things
Speaker 3: around the house when you need them?
Speaker 9: She does thersel?
Speaker 5: Have you ever thought about how about just putting duct
Speaker 5: tape over the box the window, over the crack and
Speaker 5: then then double over.
Speaker 3: And triple over that.
Speaker 18: Camp just until they.
Speaker 3: Can get out there.
Speaker 5: Now, did they take your name and address and did
Speaker 5: they definitely say they would put you on the list
Speaker 5: or what?
Speaker 13: Yeah, they said they would write a ticket on me.
Speaker 3: Okay, Tom, I would say that, doctor, Yeah, why don't
Speaker 3: we do that.
Speaker 19: I've worked with Champion Windows on several cases on ninety days,
Speaker 19: isn't I know they're backed up, But Arlene, I can
Speaker 19: make a call over there for you and see if
Speaker 19: they could maybe expedite.
Speaker 5: How are you finding how are you finding the reaction nowadays? Bo,
Speaker 5: Because you know, Champion Windows is not the same company
Speaker 5: we're used to.
Speaker 3: I mean, they they really suck right now.
Speaker 19: I worked on I worked on one case with a
Speaker 19: security door, and it took them almost a year to
Speaker 19: get off their boughts to get it taken care of.
Speaker 6: They're very difficult.
Speaker 3: Oh my god, Hey, Arlene, is it a single pain?
Speaker 6: Double pain?
Speaker 13: Like I say, it's a three sixty five glass?
Speaker 5: Now we get it, Doc, I don't think. I don't
Speaker 5: think Champion ever made a single pain ever.
Speaker 3: So it's a double pain yourself.
Speaker 10: So only one of the pains is cracked, so that's
Speaker 10: probably it shouldn't be a problem.
Speaker 13: Then the outside.
Speaker 9: How long is the total Arlene? How long is the
Speaker 9: total crack.
Speaker 13: From top to bottom?
Speaker 9: Yep?
Speaker 13: Let me see.
Speaker 9: Just take a guess.
Speaker 13: I'm not good at guessing.
Speaker 3: Well, can you put your hand over the whole crack?
Speaker 9: Is it a small six inches? Maybe a foot long? Okay,
Speaker 9: as long as your legs only?
Speaker 6: Can you just send us a picture?
Speaker 3: No, she's telling us.
Speaker 13: Now, yeah, let's say two feet okay?
Speaker 3: Whoa Okay, so that is a big one.
Speaker 5: Hey, listen, bo, why don't you make a call for
Speaker 5: I got to take a break. Three oh three seven
Speaker 5: one three top three oh three seven one three eight
Speaker 5: two five five Stick around. We got more coming up
Speaker 5: on the Troubleshooter Show. Go with a sure thing Denver's
Speaker 5: best roofer Excel Roofing dot com. You don't pay a
Speaker 5: cent until you're content. Time for an insurance check up free,
Speaker 5: no obligation comparison call Compass Insurance paying too much your
Speaker 5: coverage at dozens of insurance companies find out now three
Speaker 5: oh three seven to seven to one.
Speaker 3: Help.
Speaker 5: You'll think you're his only customer when you choose Frank
Speaker 5: durand the real estate Man dot com to list your
Speaker 5: home with Remax Alliance three oh three nine two zero
Speaker 5: sixteen twenty two.
Speaker 9: All right, welcome back to the Troubleshooter Show. This is
Speaker 9: John Fuller. I am filling in for Tom in many ways.
Speaker 9: That cat is away and now we can play. We
Speaker 9: have a lot of stuff going on. We have open
Speaker 9: lines this afternoon, and so we need to get some
Speaker 9: calls from you. We are here to solve problems, answer questions,
Speaker 9: state complaints. We are here to help you solve what's
Speaker 9: going on in your life. So I am a personal
Speaker 9: injury attorney. I have been so for twenty three years.
Speaker 9: If you have questions about insurance, about you know, a
Speaker 9: wreck that you just got into, anything that's going on,
Speaker 9: the roads have been slippery, We've got more snow coming in.
Speaker 9: We've got lots of accidents out there. If you have questions,
Speaker 9: give us a call. I'm happy to help with those.
Speaker 9: We can talk about medical treatment, we can talk about
Speaker 9: anything you want that's associated with a PI case or
Speaker 9: anything for that matter. We can venture into other areas.
Speaker 9: We have three noble and worthy deputies here in the
Speaker 9: studio today. We have Dimitri, we have Bo and we
Speaker 9: have doc all of whom are here to help you
Speaker 9: with your problems. And we assign out those problems as
Speaker 9: they come in and with particular regard to their skills
Speaker 9: and expertise. And so if you have an issue that
Speaker 9: we can help you on. Give us a call again.
Speaker 9: We have open lines right now.
Speaker 6: We have to get a picture of the window from Arlene.
Speaker 9: No, we're just going to go back to Arlene right now.
Speaker 9: And looks like Arlene may have just fallen off here.
Speaker 9: We've given that over to Bow and he's going to
Speaker 9: be following up and you know, one way or the other.
Speaker 9: I think the solution to her short term problem with
Speaker 9: this cold weather is to get out there, get some
Speaker 9: duct tape on that crack and at least, you know,
Speaker 9: preserve things until Champion can get out there, if and
Speaker 9: when they ever do and stuff. So that's what's going
Speaker 9: on there. You got it?
Speaker 5: Bo.
Speaker 19: Yeah, I'm going to make a call this afternoon, and
Speaker 19: I have a feeling they're going to drag your feet.
Speaker 19: So maybe this weekend I might be able to take
Speaker 19: a drive out the North Glenn and put some tape
Speaker 19: on her window.
Speaker 6: Yeah, get her fixed up.
Speaker 9: Yeah, that'd be I'd be not a nice of you
Speaker 9: to do that, And I really think that's all that
Speaker 9: you need to do in the interum.
Speaker 10: So if it's a double pane window, other than the
Speaker 10: heat loss, is there really a problem with having a
Speaker 10: crack on one of the two pains.
Speaker 9: Well, you're gonna lose the thermal efficiency of having the
Speaker 9: gas in between the two layers. But other than that,
Speaker 9: it's not gonna leak. You're not gonna let air come in.
Speaker 9: It's really gonna continue to do the same job. It's
Speaker 9: just not gonna look real good with duct tape across there.
Speaker 9: But there's nothing to worry about. It's not going to
Speaker 9: fall in with wind or or anything else.
Speaker 6: So I think that's what she said. She was afraid
Speaker 6: of you, afraid of it falling.
Speaker 9: I think she's gonna be fine. I really do. But
Speaker 9: we appreciate Arlene calling in with that. Bo I understand
Speaker 9: you've got an update on a furnace issue that you
Speaker 9: were dealing with. What's going on.
Speaker 6: Yes, we've been working.
Speaker 9: With her for a few weeks.
Speaker 6: Her names Erlene.
Speaker 20: She has a train furnace.
Speaker 9: The poor lady.
Speaker 20: She hasn't had a functioning furnace and snow fami, oh
Speaker 20: my god.
Speaker 19: And she's had several contractors out and every one of
Speaker 19: them said the parts were not available, and one of
Speaker 19: the contractors, I believe, did a little sabotage to the furnace.
Speaker 19: Pulled all the wires out. When I was there, it
Speaker 19: looked like spaghetti, all the same color. So I've been
Speaker 19: out there a couple of times, and I did some
Speaker 19: research and.
Speaker 20: Parts are available for the unit. It's an older unit.
Speaker 19: But you know, she only has she's only getting three
Speaker 19: hundred dollars a month from Social Security, and the furnace
Speaker 19: bids came in at seventy eight to nine thousand dollars.
Speaker 9: Holy moly, is that the one where that really was
Speaker 9: the issue. Everybody just comes out and says, you need
Speaker 9: a new furnace, and nobody wants to actually put the
Speaker 9: time and effort into fixing it.
Speaker 19: I think a lot of times when I used to
Speaker 19: be in a business, they'd come out and look at
Speaker 19: the serial number. If it's fifteen years old, they don't.
Speaker 19: They kind of stop and they go into sell mode.
Speaker 19: But a lot of people can't afford it new equipment
Speaker 19: and it has to be repaired. And this lady went
Speaker 19: to a departments from bought like six heaters and her
Speaker 19: family huddles in the bedroom one bedroom at night to
Speaker 19: stay warm. So to catch up everybody on it, I
Speaker 19: talked to the train corporation about it. The motor is
Speaker 19: a little difficult to find, but that I was really
Speaker 19: pleased to Trained.
Speaker 20: Corporation did locate a motor. It's from New Jersey.
Speaker 19: They're bringing it in and the Train Corporation is going
Speaker 19: to donate the motor. Oh fantastic and the computer board
Speaker 19: and it's about a thirteen hundred dollars value outstanding. So
Speaker 19: it took about several weeks to bring the motor in
Speaker 19: and it came in last night and before I came
Speaker 19: into studio, I drove to the trains supply house and
Speaker 19: picked up the motor. It's in the back of my car.
Speaker 19: I'm going to deliver it to early after the show.
Speaker 19: And I do not have the capability to install the motor.
Speaker 19: It's got like sixteen wires going to it. But the
Speaker 19: Train Corporation found an authorized trained dealer.
Speaker 6: It's Jay and j h Vac. His name's Jerry.
Speaker 20: He went over to the house yesterday and confirmed my
Speaker 20: diagnosis that it is.
Speaker 19: The motor and they're going to install the motor hopefully
Speaker 19: tomorrow or this weekend. And Earlene is going to have
Speaker 19: heat for our house and her family.
Speaker 5: Well.
Speaker 9: I don't see a dinger, but if any case deserves one.
Speaker 9: That's it though, that's fantastic, great.
Speaker 21: Work, so much for getting this done for this poor
Speaker 21: elderly lady. No, Danner's till we get the fire on.
Speaker 21: Well give it my follow up on that when you
Speaker 21: get to go in this show up Monday. And I'm
Speaker 21: so happy for her because she's got a.
Speaker 9: Lot of time and effort invested in us.
Speaker 3: Both.
Speaker 9: Thank you so much. It's a great job.
Speaker 1: Bo.
Speaker 9: Yeah, Peter, let's go to the phone right now. Peter's
Speaker 9: got a question on auto insurance before we go to
Speaker 9: the break. Go ahead, Peter, Yes, sir, Hello, Yeah.
Speaker 18: Hey, I was wondering my daughter was in an accident.
Speaker 18: The preeople took off on her and uh, she's having
Speaker 18: a hard time collecting under unassured underinsured motorist.
Speaker 9: Okay, why what's going on?
Speaker 18: Well, she filed the clay. They want to put it
Speaker 18: under collision.
Speaker 9: Okay. So you're talking about the property damage on her car? Yeah, okay,
Speaker 9: did she have uninsured motorists property damage?
Speaker 17: She had everything full coverage.
Speaker 9: Okay, So what is the problem with putting it under
Speaker 9: the collision just the deductible?
Speaker 18: Well yeah, well, plus I wondered if my understanding that
Speaker 18: unassured underinsured.
Speaker 9: If it goes under that, they don't raise your Yeah,
Speaker 9: that's true. They can't penalize you, but they can't actually
Speaker 9: penalize you unless you were at fault for an accident.
Speaker 9: So even if they decided to use the collision coverage
Speaker 9: to fix that car or replace that car, at the
Speaker 9: end of the day, it's still not her fault unless
Speaker 9: there's something about the accident that I don't know. There
Speaker 9: is a difference, and I'll explain that right after the
Speaker 9: break between uninsured property damage and uninsured motorist coverage and
Speaker 9: try to tie it all in with the with the
Speaker 9: collision coverage. So if you can hang on just a moment,
Speaker 9: I will address all those right after the break. So
Speaker 9: hang on.
Speaker 5: Go with a sure thing Denver's Best roofer Excel roofing
Speaker 5: dot com. You don't pay a cent until you're content.
Speaker 5: Time for an insurance check up, free no obligation comparison
Speaker 5: call Compass Insurance paying too much your coverage at dozens
Speaker 5: of insurance companies find out now three O three seven
Speaker 5: to seven to one help. You'll think you're his only
Speaker 5: customer when you choose Frank durand the real estate man
Speaker 5: dot com to list your home with Remax Alliance three
Speaker 5: all three nine two zero sixteen twenty two.
Speaker 9: All right, good afternoon, John Fuller here on the Troublesitter Network.
Speaker 9: We are back and starting to stack up the calls,
Speaker 9: but we've got a couple of lines open, so if
Speaker 9: we can help you with the problem, give us a call.
Speaker 9: Three three seven one, three eight, two five five or
Speaker 9: three oh three. Martino is the number directly here into
Speaker 9: the studio, and we are looking forward to helping you.
Speaker 5: So.
Speaker 9: Uh, before the break, we had Peter on the line.
Speaker 9: Peter talks about his daughter getting in an accident where
Speaker 9: the other driver left the scene and she's now having
Speaker 9: difficulty with her uninsured motors coverage getting her car fixed.
Speaker 9: And I wanted to explain some of the differences in
Speaker 9: coverages out there, and it's it's kind of a misnomer
Speaker 9: many times when people say I have full coverage, that
Speaker 9: doesn't always mean that they have an uninsured motorist property
Speaker 9: damage coverage, because if you have full coverage, there's really
Speaker 9: no need to also have uninsured motorist property damage coverage
Speaker 9: because you already technically have that with the collision coverage
Speaker 9: that you have on your policy, so you would effect
Speaker 9: be paying twice for the same exact coverage. So normally,
Speaker 9: when you hear I have full coverage, if it's a
Speaker 9: good agent, they inform the people that, hey, this is
Speaker 9: kind of an extra coverage that you don't need to
Speaker 9: pay for, and you just have the collision coverage. Now
Speaker 9: that doesn't mean that you don't have uninsured motorist coverage,
Speaker 9: but that motorist coverage is meant to essentially step into
Speaker 9: the shoes of the other driver in the event that
Speaker 9: they had no insurance to pay for your injuries and
Speaker 9: your damages to the person, not to the car itself.
Speaker 9: So I hope that helps explain exactly what's going on.
Speaker 9: There's still a regulation in Colorado that says if you're
Speaker 9: not at fault for an accident, they're not allowed to
Speaker 9: penalize you for the for the claim and stuff. And
Speaker 9: so I can't think of a better example of a
Speaker 9: case where you're not at fault, you know, for causing
Speaker 9: the crash, than to have somebody run into you and
Speaker 9: then leave the scene of the accident.
Speaker 6: Go ahead, doc, I actually don't question.
Speaker 10: Let's say that there was damage to her front right fender, Okay,
Speaker 10: and she says, well, it was another car and he
Speaker 10: ran off, when in actuality she hit a pole out,
Speaker 10: how would the insurance company if the driver in off, Yeah,
Speaker 10: she wasn't.
Speaker 9: That's a couple. That's a really good question and one
Speaker 9: that you know, I always you know, I always recommend
Speaker 9: that people call the police and follow a police report
Speaker 9: when something like that happened. So there's a little bit
Speaker 9: of just trust that goes into it. But you know,
Speaker 9: I have seen seen insurance companies come out and investigate
Speaker 9: those claims and take really detailed photographs and they're trying
Speaker 9: to find out whether there's any rust or anything on
Speaker 9: the damage that indicates it might have been there for
Speaker 9: some time before it was claimed to be damaged. But
Speaker 9: you know, it's still a collision claim. You still have
Speaker 9: the right to get it fixed. You're going to have
Speaker 9: to pay a deductible and so it may not be
Speaker 9: in your best interest if it's not a big crash
Speaker 9: to go ahead and follow that claim. Really, the only
Speaker 9: issue is whether or not it's a you know, an
Speaker 9: at fault to accident or not. And that's where I
Speaker 9: think having the police report and making a report of it,
Speaker 9: particularly when you're claiming that it was a hit and
Speaker 9: run driver would would really carry the day on that
Speaker 9: for you.
Speaker 6: And also, just to reinforce one of your.
Speaker 10: Great ideas, put one hundred and fifty bucks into a
Speaker 10: dash cam. It saves so much aggravation. You know, after
Speaker 10: talking to you for a while, I went out and
Speaker 10: bought one. It was one hundred and fifty bucks, and
Speaker 10: I feel so much better now that if something happens,
Speaker 10: I have a record of it. It's not that expensive
Speaker 10: and it really can save you so much aggravation.
Speaker 5: It.
Speaker 9: Yeah, it really is just that simple. Dash cams are
Speaker 9: going to give you a four K or ten a
Speaker 9: AD or whatever. I mean, full color, really high quality
Speaker 9: video of the event. So you're going to see everything
Speaker 9: from the front of the vehicle, from the back of
Speaker 9: the vehicle. You're gonna be able to see signs and
Speaker 9: lights and other drivers. And there's just nothing better than
Speaker 9: having a video. I mean, I don't care if you
Speaker 9: had ten witnesses lined up on the sidewalk to watch
Speaker 9: this accident, I guarantee you out of those ten, two
Speaker 9: or three of them would have a different version that
Speaker 9: would claim the other guy was at fault or something
Speaker 9: like that. But those videos, they do not lie. They're amazing.
Speaker 9: I'm just the biggest fan of them. They Actually I
Speaker 9: saw the other day had they'd come out with new
Speaker 9: technology from Garman for bicyclists and stuff where it actually
Speaker 9: has rear wood facing radar that as soon as it
Speaker 9: gets a signal that there's a car coming up behind
Speaker 9: it starts filming for the exact same reason, so that
Speaker 9: you have a video in case something happens.
Speaker 10: I have a questions John on some topics. Let's say,
Speaker 10: in this case where the driver left, if if she
Speaker 10: had a camera that showed the license plate, do the
Speaker 10: cops tracked down hit and runs if they have the
Speaker 10: license plate or do they just say it's a civil matter.
Speaker 9: Well, I mean, it kind of depends on the police
Speaker 9: and the police agency. I'm planning to talk a little
Speaker 9: bit about that in the next segment if we can
Speaker 9: get to it. But it's a really good question though,
Speaker 9: and the answer is we would hope so, because you
Speaker 9: can't do much better than to have a film of
Speaker 9: the person, you know, crashing and leaving the scene and stuff.
Speaker 9: But frankly, sometimes they don't follow up on it, but
Speaker 9: you can follow up on it because you know any
Speaker 9: good investigator can find that person's identification, you can bring
Speaker 9: a lawsuit against them, and then if they have insurance,
Speaker 9: during the course of that lawsuit, they're going to have
Speaker 9: to give you who that insurance company is and that
Speaker 9: coverage and go from there. So we're going to take
Speaker 9: a real quick break. We'll be right back. We got
Speaker 9: Carolyn lined up with a question about propane, and we've
Speaker 9: still got a couple of lines, and so give us
Speaker 9: a call.
Speaker 6: I didn't even talk about it.
Speaker 13: Next.
Speaker 9: Okay that we're not going to break Caroline. Let's go
Speaker 9: ahead and get your question out. Sorry about that. What
Speaker 9: is going on? Caroline?
Speaker 1: Hello, thank you for taking my call. I had a
Speaker 1: propane delivery back in early December, and when I called
Speaker 1: to order the delivery, I've had this company for years.
Speaker 1: I'm eighty years old, and I get LEAP, which pays
Speaker 1: the propane company twice a year for pro paye for help.
Speaker 1: So I waited until it was time that I could
Speaker 1: have that five hundred dollars sent to my propane company.
Speaker 1: And that was in December. So they came out and
Speaker 1: the man, you know, he was at the tank and
Speaker 1: did the tank and then.
Speaker 13: Left and.
Speaker 1: A couple of weeks later, I got a bill in
Speaker 1: the mail from the propane company.
Speaker 9: Up, all right, Caroline, we will dig into that in
Speaker 9: just a minute. Hang on, we've got to take a
Speaker 9: break real quick. Thank you.
Speaker 5: Go with a sure thing Denver's Best roofer Excel Roofing
Speaker 5: dot com. You don't pay a cent until you're content.
Speaker 5: Time for an insurance check up free, no obligation comparison
Speaker 5: call Compass Insurance paying too much your coverage at dozens
Speaker 5: of insurance companies find out now three O three seven
Speaker 5: to seven to one.
Speaker 3: Help.
Speaker 5: You'll think you're his only customer when you choose Frank
Speaker 5: durand the real estate Man dot com to list your
Speaker 5: home with Remax Alliance three three nine two zero sixteen
Speaker 5: twenty two.
Speaker 2: New Shooter's gonna help her.
Speaker 13: Come man.
Speaker 4: This is the Troubleshooter Show, now Tom Martine, all.
Speaker 9: Right, all right, all right, John Fuller here filling in
Speaker 9: for Tom Martino on the Troubleshooter Network. It is the
Speaker 9: second half of the show, and we are rock and
Speaker 9: rolling here. We are finishing up with Caroline. Caroline was
Speaker 9: selling us that her story. She she got her propane fill.
Speaker 9: She's on the leap assistance program. Tell us the rest
Speaker 9: of the story, Caroline, what's going on?
Speaker 1: Okay? They came and a couple of weeks after they
Speaker 1: left us, was back in December. I got a statement
Speaker 1: from the pro Paane Company for three hundred and forty
Speaker 1: five dollars, and you know, I called them and you know,
Speaker 1: said that I had I had leap and I had
Speaker 1: to wait till I get that five hundred dollars and
Speaker 1: I get as much propaine as I can get for
Speaker 1: five hundred.
Speaker 9: Now was that three forty five after they applied the
Speaker 9: five or the five never showed up?
Speaker 1: Who never showed up?
Speaker 9: I said, was that? Was that really eight hundred and
Speaker 9: forty five dollars of propane? And you're saying they just
Speaker 9: applied the five and sent you a bill for the balance.
Speaker 1: Yeah, they sent me a bill for the balance, and
Speaker 1: it was supposed to have been five hundred and twelve
Speaker 1: dollars with my leap. And so I called them and said,
Speaker 1: you know, I ordered just five hundred dollars worth, which
Speaker 1: is two hundred gallons, and I've got this bill and
Speaker 1: they said that, they said, we're sorry, the driver looked
Speaker 1: at the wrong ticket and you know, filled your tank
Speaker 1: and that's the difference. And they said, well, don't worry
Speaker 1: about it. It was our fall, so I just let
Speaker 1: it be. And now I've gotten another pin in the
Speaker 1: mail for that three hundred and forty five dollars that
Speaker 1: they say that I got that amount of pro pain
Speaker 1: that I owe that, you know, and I don't want
Speaker 1: to have to go to collections.
Speaker 9: Yeah, no, I understand. So Caline, did did they send
Speaker 9: you an email or confirm for you that they weren't
Speaker 9: going to pursue that balance over the five hundred?
Speaker 1: No, it was just on the phone.
Speaker 9: Do you remember who you talked to?
Speaker 1: You know, I don't.
Speaker 13: I don't.
Speaker 10: Caroline of a question, you said, you get the five
Speaker 10: hundred dollars twice a year, right, okay, so the next time,
Speaker 10: the next time that you do for the five hundred,
Speaker 10: they should only get one hundred and fifty five dollars
Speaker 10: worth of pro pain, right, and that should balance it out.
Speaker 9: I think the issue is they're going to turn her
Speaker 9: over to collections and she's gotten failing and stuff. So
Speaker 9: maybe do you think you'd be able to help her
Speaker 9: with this.
Speaker 6: I'll definitely talk to Carolina.
Speaker 9: So Caroline, I'm going to assign this over to our
Speaker 9: deputy Doc here, who is fantastic at getting to the
Speaker 9: bottom of these issues. And I think that just reaching
Speaker 9: out to this Propaine company and either working something out
Speaker 9: in anticipation of the next leap payment or getting something
Speaker 9: documented that they're not going to pursue collection of the
Speaker 9: over you know, the the overage that they delivered to
Speaker 9: you is in order.
Speaker 6: So we'll hand every one way or the other.
Speaker 9: Yeah, we'll hand it over to Doc and then we'll
Speaker 9: look forward to a follow up here in the not
Speaker 9: too distant futures. That sound okay, Caroline, you know that.
Speaker 1: Would be wonderful.
Speaker 9: Perfect.
Speaker 1: So the problem is is that if they take that
Speaker 1: and I only have one hundred and fifty dollars okay
Speaker 1: over you know, that gives me hardly any pro Paine.
Speaker 9: Well, I understand that, but hopefully the fact that they
Speaker 9: over delivered by several gallons means you have a little
Speaker 9: bit of extra in there. So either way, we're going
Speaker 9: to get to the bottom of it. So Caroline, hang on,
Speaker 9: We're going to get your contact information and Doc will
Speaker 9: be in touch. Okay, thanks for calling, Caroline. We're gonna
Speaker 9: next go to Hey, sus On the line, who has
Speaker 9: a question about car insurance? Hey sus, thanks for calling.
Speaker 9: What's going on?
Speaker 22: Hey, John, Yes, I had a quick question. So I
Speaker 22: was rear ended about two weeks ago, okay, and it
Speaker 22: wasn't my fault, and there's another vehicle involved, and the
Speaker 22: insurance company wants me to submit acclaim with my insurance
Speaker 22: due to possible written it issues.
Speaker 9: Okay. Were you injured in this accident, hey sus And
Speaker 9: I was not. So we're just talking about property damage here, right.
Speaker 22: Just property damage. So I have a commercial truck, okay,
Speaker 22: so Ram and I have you know, commercial insurance. So
Speaker 22: my insurance a month is already super high. So my
Speaker 22: fear is if I go with my insurance that my
Speaker 22: rates go up in the future.
Speaker 9: Yeah, that's always a possibility, hey sus. So here's the deal.
Speaker 9: In Colorado, as you probably know, the minimal limits for
Speaker 9: property damage is only fifteen thousand dollars, which is just
Speaker 9: ridiculous because there aren't that many fifteen thousand dollars cards
Speaker 9: out there, but nonetheless, that is what the limit is.
Speaker 9: So when you see these, you know, the General and
Speaker 9: all these low end you know, Fred Loye's and stuff
Speaker 9: like that, all these low end policies. The reality is
Speaker 9: they've got the minimal limits across the board, So that
Speaker 9: means twenty five thousand for liability and only fifteen thousand
Speaker 9: for property damage. So unfortunately the only option you have
Speaker 9: is going to be to file that difference on your claim.
Speaker 9: They will get the full fifteen out of the at
Speaker 9: fault driver's policy and apply that towards the damage, but
Speaker 9: the difference will be on your policy. And again, it's
Speaker 9: not your fault. They're not supposed to raise up your
Speaker 9: rates because of an accident that wasn't your fault. But
Speaker 9: I'm always you know, realistic about it, and an insurance
Speaker 9: company can do what they want, but there is actually
Speaker 9: a regulation that says they're not allowed to de rate
Speaker 9: you based on an accident that wasn't your fault.
Speaker 22: So very estimate came in at six thousand fix my truck.
Speaker 22: So I wanted to wake this out and see what
Speaker 22: the you know, am I entitled to half of that fifteen?
Speaker 9: Were there multiple yeah? Were there multiple cars in the reck?
Speaker 22: There's another vehicle that got that totally got salvage or
Speaker 22: what do you call it?
Speaker 9: Yeah, total loss?
Speaker 6: Right?
Speaker 15: So am I entitled to that seven thousand.
Speaker 22: In that case, it would cover my damages. I see
Speaker 22: it that way.
Speaker 9: So you know the answer is who knows it. You've
Speaker 9: got two claimants, and there's one way to look at
Speaker 9: it that says we're equally entitled to, you know, an
Speaker 9: equal share, and you just split it down the middle.
Speaker 9: But more commonly, what they do is they try to
Speaker 9: figure out the proportional amount of the loss. And so
Speaker 9: if that person's car was thirty thousand dollars of loss
Speaker 9: because it was a total loss, and yours is only six,
Speaker 9: then your share is one sixth or whatever that comes
Speaker 9: out to of the total, which means they would like
Speaker 9: to say you're only entitled to one six or the
Speaker 9: fifteen thousand dollars of coverage. And so that happens all
Speaker 9: the time. Heyesus, And that's why you know, turning it
Speaker 9: over to your insurance company at least they'll be there
Speaker 9: to fight, even even through intercompany arbitration, to get the
Speaker 9: biggest you know, portion of that fifteen to go towards
Speaker 9: your credit and diminish the amount of the claim on
Speaker 9: your policy.
Speaker 6: John, does it ever pay to go after the driver personally?
Speaker 9: Yes, yeah, it does, and you can get a judgment
Speaker 9: against them. But you know whether or not that means
Speaker 9: the insurance company is just going to write you a
Speaker 9: check for the total amount of your losses is a
Speaker 9: different thing, because they still only have fifteen thousand of
Speaker 9: coverage and so you know, what the insurance company can
Speaker 9: do at that point is either submit the entire thing
Speaker 9: to to the court to figure out and then you
Speaker 9: know that doesn't really benefit you that much. But if
Speaker 9: you sue the guy and you get a judgment, you know,
Speaker 9: you may be collecting small checks for the next three
Speaker 9: years getting paid on that. But you know, the reality
Speaker 9: world that we live in is doing that.
Speaker 22: Okay, yeah, I don't mind doing that just but the
Speaker 22: problem is I'm already paying over two thousand dollars a
Speaker 22: month in insurance.
Speaker 9: Holy holy well, listen, hey, sous. If you've got the
Speaker 9: ability to not put this on your on your insurance
Speaker 9: and to go after him directly or to self finance
Speaker 9: and get this thing fixed, you absolutely have the right
Speaker 9: that is well below the statutory maximum of small claims court.
Speaker 9: You can if you need to find all the forms
Speaker 9: for that, you can go to Colorado Supreme Court dot
Speaker 9: com and they have a whole package under their self
Speaker 9: help section of the forms and the instructions and where
Speaker 9: and how and who you have to you know, file
Speaker 9: and serve and it's super easy, and it sounds like
Speaker 9: under these circumstances you would will Can you.
Speaker 22: Pay out from being Can I take a payout from
Speaker 22: the insurance?
Speaker 9: Not really for him? No, they're gonna if you take
Speaker 9: a payout, they're going to require you to sign a
Speaker 9: release that lets that be the end of the road.
Speaker 9: But if you get a judgment against them, then certainly
Speaker 9: any amount that they haven't paid, they're going to want
Speaker 9: to contact you and try to work something out. So
Speaker 9: very good strategy, I think if you're in the situation
Speaker 9: you're in, that's definitely how I would go and pursue that.
Speaker 9: And you know, let the cards fall where they will.
Speaker 9: You may find that they come back and magically find
Speaker 9: a little extra money to make you hold there.
Speaker 22: Got it?
Speaker 3: Now?
Speaker 22: They don't disclose his limits? Is that something you can
Speaker 22: do to find out or yeah, how Colorado works?
Speaker 9: No, Colorado is a shall disclose state. And what that
Speaker 9: says under the law is and it's kind of a
Speaker 9: pain to be honest with you. But if you send
Speaker 9: a registered letter to the to the insurance Commission requesting
Speaker 9: their limits and stuff. They have to give it to you,
Speaker 9: and I think the timeframe is like thirty days.
Speaker 22: But got it, You know, let me send that.
Speaker 9: But you can absolutely do that. Look that up on
Speaker 9: the insurance company regulations and if you want to contact
Speaker 9: my office later on and we can direct you to
Speaker 9: the exact statute that you can cite. I don't have
Speaker 9: it right here at my fingertips, but but yeah, you
Speaker 9: send that letter out and they'll they'll tell you what
Speaker 9: the limits are. And usually if they're in this situation
Speaker 9: where they're claiming minimal limits or and they don't have
Speaker 9: enough coverage, they'll tell you what the coverage is. They
Speaker 9: can't just say we don't have enough, but I'm not
Speaker 9: allowed to tell you what our limits are.
Speaker 22: You saying that it may reach limits. It may like
Speaker 22: that's what they keep saying. Yeah, they get very on
Speaker 22: the phone.
Speaker 9: You may find that when you when you serve their guy,
Speaker 9: they get a little more easy to work with.
Speaker 15: Got it.
Speaker 22: Okay, that's all I need to know.
Speaker 9: That be the approach. I would takes good luck to you.
Speaker 9: Let us know how it works out. Okay, all right,
Speaker 9: so we're gonna move along here. We have open lines
Speaker 9: once again, and we are here to help you with
Speaker 9: the problems that you have. We're going to take a
Speaker 9: quick break. We'll be right back. Give us a call
Speaker 9: and we'll help you out in your deal.
Speaker 5: Go with a sure thing Denver's Best roofer Excel Roofing
Speaker 5: dot com. You don't pay a cent until you're content.
Speaker 5: Time for an insurance check up free, no obligation comparison
Speaker 5: call Compass Insurance paying too much your coverage at dozens
Speaker 5: of insurance companies find out now three all three seven
Speaker 5: to seven to one help. You'll think you're his only
Speaker 5: customer when you choose Frank durand the real estate Man
Speaker 5: dot com to list your home with Remax Alliance three
Speaker 5: all three nine two zero sixteen twenty two.
Speaker 9: All right, all right, all right, John Fuller back sitting
Speaker 9: in for Tom Martinez on the Troubleshooter Show. We are
Speaker 9: having a great time this afternoon talking about things. We're
Speaker 9: going to go to the phones here. We've got a
Speaker 9: question from Warren. Warren, what is going on with you, sir?
Speaker 23: Actually, Hi, John, I think that's you I talked to
Speaker 23: several months ago. Okay, I wanted to add I wanted
Speaker 23: to add my wife to the deed of our house.
Speaker 9: Okay, They said to do a.
Speaker 17: Quick claim deed.
Speaker 15: I talked to Chappa.
Speaker 23: Who has our loan, okay, and they said, I only
Speaker 23: need to just send them a handwritten letter signing it
Speaker 23: adding my wife to those deeds.
Speaker 9: Signing a quick claim or just as signing the letter.
Speaker 17: They said that it didn't have to do a quick claim.
Speaker 17: I don't understand why that is.
Speaker 9: Yeah, I would suggest that that's not good advice because
Speaker 9: no sign letter is going to actually transfer an interest
Speaker 9: in that property. Now here's the issue you may run into, Warren,
Speaker 9: is that sometimes these these loan companies have a provision
Speaker 9: in the actual deed that that's like a do on
Speaker 9: sale clause. And if you if you actually transfer it,
Speaker 9: even though it's really not a sale, but you are
Speaker 9: transferring it technically from you to you and your wife
Speaker 9: and in some fashion either and it's in common or
Speaker 9: or joint tenants or whatever it is you guys may do,
Speaker 9: and so it technically is a sale, and it does
Speaker 9: change to a slight degree the strength of their first
Speaker 9: deed of trust position on there. And so some of
Speaker 9: them don't really care but other ones are really opposed
Speaker 9: to any sort of a transfer like that. So the
Speaker 9: best thing that we can probably do is is, you know,
Speaker 9: put you on hold, and let's get a real estate
Speaker 9: attorney here to see if we can really narrow down
Speaker 9: the advice on that. So Warren, hang on. We're going
Speaker 9: to get an expert on the line and see if
Speaker 9: we can't get a specific answer to your question. Okay, sir,
Speaker 9: I appreciate it, all right, you hang on the phone here,
Speaker 9: So we're going to call and see if we can
Speaker 9: get an expert on the line and take care of that.
Speaker 9: So we're going to move to a slightly different feature here.
Speaker 9: Mister Dimitri has come into the studio today with an
Speaker 9: entire list of questions. Here stump the PI attorney, and
Speaker 9: we're going to see if I can't answer a few
Speaker 9: of those two to help out people. So thanks John.
Speaker 9: You know, I've always wondered about this thing.
Speaker 11: If I get in a car crash and the other
Speaker 11: driver is at fault, and this isn't the context of
Speaker 11: preserving both my credibility and ability to recover monetary damages,
Speaker 11: should I be able to prove some let's say a
Speaker 11: guy's in the car crash. He gets banged up a
Speaker 11: little bit, some bruises, some aches, maybe a bloody lip,
Speaker 11: but that doesn't seem like enough to go to the hospital.
Speaker 11: At an ambulance. You know, if a guy is a
Speaker 11: little sore, he's probably gonna think, yeah, you know, I'll
Speaker 11: just give it a few days, a couple of weeks,
Speaker 11: I'll get better. So he declines the ambulance services, goes home,
Speaker 11: and over the next couple of weeks, you know, some
Speaker 11: of the bruises heel. But now, man, you know, the
Speaker 11: neck is getting a little bit more painful maybe, or
Speaker 11: the knees getting a little more painful. And then he
Speaker 11: finally goes to the urgent care and they said, oh, yeah,
Speaker 11: you've got all of this damage and it's actually serious
Speaker 11: to you, moderate to serious damage. Did this hypothetical guy
Speaker 11: really give up any of his ability to recover by
Speaker 11: not going to the hospital right away.
Speaker 9: He hasn't given it up, but he has certainly made
Speaker 9: it more difficult to carry his burden of proof. So,
Speaker 9: as the plaintiff in the accident, you have the burden
Speaker 9: of proofing that that all of the claimed injuries were reasonable, necessary,
Speaker 9: and related to the accident. Okay, And so that's really
Speaker 9: the reason why we really try to get people to
Speaker 9: go to the emergency room, go to urgent care, do
Speaker 9: whatever they can do to help begin to document those injuries.
Speaker 9: So even if you go and get discharged, saying just
Speaker 9: monitor and see how you feel in a few days
Speaker 9: and then you you, you know, you find out that
Speaker 9: it's much more serious, at least you kind of put
Speaker 9: a place marker in place that you can go back
Speaker 9: and say, I went and this is what they told
Speaker 9: me to do. One of the worst things that I
Speaker 9: just hate seeing is people that go home and then
Speaker 9: get on YouTube and figure out what the you know,
Speaker 9: the exercises are to do to help help my neck
Speaker 9: at home and stuff like that, because let me tell
Speaker 9: you that has zero credibility that you add that problem
Speaker 9: that you did those exercises, that a doctor would have
Speaker 9: told you to do those exercises, or worse yet, that
Speaker 9: you would have been instructed to take off work or
Speaker 9: any of those things. I mean, you've got to keep
Speaker 9: in mind that you have that burden of proof, and
Speaker 9: it starts from the moment that that crash ends until
Speaker 9: the moment that we sit down and work out of settlement.
Speaker 9: With that insurance company, And is.
Speaker 11: It better to go from the perspective of maintaining credibility
Speaker 11: in the context of proving these damages. Is it better
Speaker 11: to go to the emergency room or going to the
Speaker 11: nearest urgent care which will probably cost twenty thousand less
Speaker 11: per visit? Are those two about the same?
Speaker 3: Or is it better to go to some place.
Speaker 11: Really serious even though if you don't feel like you
Speaker 11: really need to be in the back of an ambulance.
Speaker 9: Right now, well you don't have to take an ambulance
Speaker 9: to the er. And many people, if their car is drivable,
Speaker 9: or if they have a family member that comes out
Speaker 9: to the scene, they'll take their own vehicle to the
Speaker 9: er and get checked out. And that's perfectly fine. Some
Speaker 9: people have, for instance, Kaiser and they want to go
Speaker 9: to a Kaiser doctor or a Kaiser hospital instead of
Speaker 9: the one right across the street where they're going to
Speaker 9: get taken. And there's nothing wrong with that, Okay. I
Speaker 9: have nothing against an urgent care facility either. However, most
Speaker 9: urgent care facilities aren't going to have the ability to
Speaker 9: do an MRI. Only some of them have the ability
Speaker 9: to do X rays, not all of them have really
Speaker 9: high end X rays and stuff. So the quality of
Speaker 9: the care that you get if you have something more
Speaker 9: than just a bump and a bruise may really be
Speaker 9: better at the emergency room than at the urgent care center.
Speaker 9: As far as the cost of it is concerned, I
Speaker 9: get that, but we run into that in every case.
Speaker 9: I mean, we're juggling available sources of payment between medpay,
Speaker 9: private health insurance, leans, anything under the sun to try
Speaker 9: to get our clients the care that they need. So
Speaker 9: it's better to take care of you and let us
Speaker 9: worry about the bill down the road than it is
Speaker 9: to not get the care at all and not spend
Speaker 9: that money.
Speaker 11: Now, thank you, John. Now in front of you, you
Speaker 11: have a print out that's my auto insurance policy limits
Speaker 11: over there. Can you take a look at that and
Speaker 11: let me know how much of that can I use
Speaker 11: for my own hospital or urgent care bills without relying
Speaker 11: on the other driver's insurance right off the bat.
Speaker 6: Yeah, so.
Speaker 9: You've got pretty good insurance here, So you know, listen,
Speaker 9: I'm going to talk about a scenario in a few
Speaker 9: minutes where having insurance or having the other side's insurance
Speaker 9: can sometimes be a problem and for the first time,
Speaker 9: and this client I'm sure is listening right now and
Speaker 9: we'll know that I'm talking about them, but for the
Speaker 9: first time. This is a case where I almost hope
Speaker 9: that the other guy doesn't have insurance. But to look
Speaker 9: at your policy here, we have a mandatory coverage in
Speaker 9: Colorado called medpay, and it's an optional coverage. It's mandatory,
Speaker 9: but you can wave it, so whatever that means mandatory
Speaker 9: with an asterisk next to it, but if you don't
Speaker 9: wave it. The standard amount of medpay is five thousand dollars.
Speaker 9: Not all carriers will offer unmitted medpay, some will offer ten,
Speaker 9: some will offer fifty or one hundred thousand. Your carrier,
Speaker 9: I don't know who it is, but they seem to
Speaker 9: be offering twenty five. I would guess maybe State Farm
Speaker 9: or something on that.
Speaker 11: At Ding Ding Ding, And you've done this before and
Speaker 11: that they told me that's the maximum of all of
Speaker 11: those line items.
Speaker 9: State Farm offers twenty five thousand in medpay and that's
Speaker 9: a good coverage. And we'll talk about right after the
Speaker 9: break exactly how medpay gets used in an accident. But
Speaker 9: we're starting off on a good level and we'll go
Speaker 9: from there. When we get right back.
Speaker 5: Go with a sure thing Denver's Best roofer Excel Roofing
Speaker 5: dot com. You don't pay a cent until you're content.
Speaker 5: Time for an insurance checkup free, no obligation. In comparison,
Speaker 5: call Compass Insurance paying too much your coverage at dozens
Speaker 5: of insurance companies find out now three all three, seven
Speaker 5: to seven to one help. You'll think you're his only
Speaker 5: customer when you choose Frank durand the real estate man
Speaker 5: to list your home with Remax Alliance three all three
Speaker 5: nine two zero sixteen twenty two.
Speaker 9: All right, all right, all right, John Fuller back on
Speaker 9: the Tom Martinez Show Troubleshooter Network. We are here to
Speaker 9: help you with your problems. We saw problems, answer questions,
Speaker 9: and take complaints, and we are here to help you.
Speaker 9: So give us a call. We have open lines right
Speaker 9: now and we can do everything under the sun. I
Speaker 9: am a personal injury attorney, and so if you have
Speaker 9: questions that relate to insurance, car accidents, anything like that,
Speaker 9: make sure to give us a call. We'd be happy
Speaker 9: to help out. We had a call on the last
Speaker 9: segment named Warren, who was interested in transferring his sole
Speaker 9: interest in his home over to both him and his wife,
Speaker 9: and he wanted to do that via a quick claim
Speaker 9: deed and was told by his mortgage company that all
Speaker 9: he had to do was just send a letter saying
Speaker 9: I'd like to add her to the deed and that
Speaker 9: somehow that would make it happen. And that to me
Speaker 9: sounds a little less than the formal way to do that,
Speaker 9: And so I wanted to get Dan McKenzie on the
Speaker 9: line with OLS Law to talk to us about exactly,
Speaker 9: you know, does that do it? Can you just send
Speaker 9: a letter to the mortgage company or are they going
Speaker 9: to have to follow up with a more formal quick
Speaker 9: claim deed or some other transference to get.
Speaker 3: Her on that deed.
Speaker 24: Yeah, you got to do a deed to get to
Speaker 24: get her on the deed. I think the mortgage company
Speaker 24: might have been thinking they're asking about maybe adding her
Speaker 24: to the loan, and it's I guess it's good to
Speaker 24: hear that they're open to doing that without requiring a refinance.
Speaker 24: But to actually get her on the deed would require
Speaker 24: a deed from him to both of them.
Speaker 9: Dan, in your practice, do you ever run into problems
Speaker 9: with like a do on sale clause when in your
Speaker 9: estate planning and stuff. You want to you know, juggle
Speaker 9: around the ownership of a property. I mean, do the
Speaker 9: mortgage companies normally let you do that or did they
Speaker 9: sometimes balk?
Speaker 24: You have to be careful. I mean, if you're if
Speaker 24: you're quit claiming it from yourself to a revocable living
Speaker 24: trust that you're setting up, there's no do on sale
Speaker 24: clause issue. If you're if you're moving it over into
Speaker 24: like an LLC, like if it's a rental property. That
Speaker 24: is an issue we Warren clients about a lot, is
Speaker 24: that that could be considered a sale.
Speaker 15: So anything other than.
Speaker 24: A revocal living trust, Yes, there are some concerns. I
Speaker 24: don't know if adding a spouse, I mean, he's still
Speaker 24: going to be on that deed, he's still responsible for
Speaker 24: that loan.
Speaker 6: I don't know that that.
Speaker 24: Would necessarily trigger the do on sale clause. But it
Speaker 24: sounds like he's already conferred with them and they said that,
Speaker 24: and that seems like they're saying that it wouldn't do that.
Speaker 9: It seems like you probably have a better idea of
Speaker 9: what they were saying. They probably thought she was just
Speaker 9: getting added to the loan. But let me ask you this.
Speaker 9: Would it also matter how they plan to take the
Speaker 9: property through that quick claim deed, Like if they wanted
Speaker 9: to do it as tenants in common versus you know,
Speaker 9: joint tenancy, would that potentially raise an issue with the
Speaker 9: mortgage company.
Speaker 6: Yeah?
Speaker 24: I can see that because if they do it at
Speaker 24: tenants in common, she's going to own a.
Speaker 9: Separate share from half of the property, right Yeah, And.
Speaker 24: If she passed away, her share could go to someone
Speaker 24: other than him potentially, which happens sometimes by accident. So
Speaker 24: I could see them being more concerned about that.
Speaker 9: Are there ways if they were to contact you that
Speaker 9: you could still accomplish giving her an interest in the
Speaker 9: property or protecting her interest in the event that he
Speaker 9: passed away if they did have an ornery little do
Speaker 9: on sale clause?
Speaker 24: Yeah, I mean, you know, there's something else that consider
Speaker 24: as a beneficiary to you just saying she would get
Speaker 24: the house if he passed away and that does not
Speaker 24: affect current ownership. So that's also a way to potentially
Speaker 24: do it. But whatever they do, I would say, like,
Speaker 24: don't do.
Speaker 15: This on your own.
Speaker 24: A lot of people do this on their own because
Speaker 24: it seems like it's a transaction between me and my
Speaker 24: wife and it's no big deal. And we've seen things
Speaker 24: like the husband instead of quick claiming into both of
Speaker 24: them quick claims that they're and now she owns it
Speaker 24: and like they thought, oh, we'll just do it this way,
Speaker 24: and uh, that'll put.
Speaker 22: Her on there.
Speaker 24: It's like, no, you just transferred ownership one percent from
Speaker 24: you to her.
Speaker 13: Right.
Speaker 24: What you just said actually happens all the time. People
Speaker 24: put the person on the deed and don't specify that
Speaker 24: it's joined. And if it's not specified that it's joined,
Speaker 24: then it is tenants in common right, And that's a
Speaker 24: fine way to own property together. Just but you want
Speaker 24: to understand what the legal implications that are. So I
Speaker 24: would just tell your caller like, yes, you can absolutely
Speaker 24: adder to the deed.
Speaker 22: It's not hard to do.
Speaker 24: You do need a deed, don't do it on your own.
Speaker 9: Yeah. I think that's great advice. Dan, Dan, tell the
Speaker 9: listeners how they can get a hold of you to
Speaker 9: follow up on this.
Speaker 23: They can call us at.
Speaker 24: Eight three three COEO Plans or go to co Plans
Speaker 24: dot co.
Speaker 3: I have a question for Dan.
Speaker 19: Go ahead, Bo, Dan, it's Bo and I am going
Speaker 19: to come in to your office next month and finish up.
Speaker 19: I haven't forgotten, okay, I do. I do have a
Speaker 19: question on these beneficiary deeds. Now, does the beneficiary deed
Speaker 19: do you need to file that while you're alive or
Speaker 19: does it get recorded after death?
Speaker 24: Now you have to record it during lifetime. If it's
Speaker 24: not recorded during lifetime, it will.
Speaker 13: Not be effective.
Speaker 9: Okay, all right, yeah, very interesting. Here's another question. What
Speaker 9: if if we have a beneficiary deed and the beneficiary
Speaker 9: predecease is the deed holder. Does that just make it
Speaker 9: Nolan Boyd It just becomes a normal deed at that
Speaker 9: point or what?
Speaker 24: That is an interesting question that I actually don't know
Speaker 24: the answer to the top of my head. I would
Speaker 24: suspect that, yes, it probably does become Nolan Boyd, but
Speaker 24: I guess I have to check to make sure it
Speaker 24: doesn't become part of that person's estate, right, But it
Speaker 24: seems like yes, if they're not around, I mean, we
Speaker 24: put their address on that deed to reflect that it's
Speaker 24: very personalized to them. So I would say if the
Speaker 24: deed does not say to them or the descendants say,
Speaker 24: I suspect.
Speaker 15: That the default is it would.
Speaker 9: Just be buoying, just be void at that point. All right,
Speaker 9: won't hold you to it. Dan, thank you for the information.
Speaker 9: We appreciate it. The callers have your information as eight
Speaker 9: three three, CEO planned to get a hold of Dan
Speaker 9: called him to do all of your state planning needs.
Speaker 9: Thanks Dan.
Speaker 5: So we are.
Speaker 9: Continuing to go through Dmitri's stump the PI lawyer list
Speaker 9: over here. We do have a couple open lines here.
Speaker 9: If you have a question you'd like to to get
Speaker 9: on the air. Now, would be a great time to
Speaker 9: give us a call. What do you got there, Dmitri?
Speaker 9: What's your next list?
Speaker 3: John?
Speaker 11: I was one of the early adapters in the area
Speaker 11: of dash cams, and I've just been a you know,
Speaker 11: religiously constant user of one. Is it better to permanently
Speaker 11: disable the audio recording feature on the dash cam because
Speaker 11: in the event that becomes evidence I don't want or
Speaker 11: is it possible that if I'm overheard speaking on the
Speaker 11: phone or playing with a radio or doing something like that,
Speaker 11: could that be used against me? And is it better
Speaker 11: just to preemptively disabled audio recording?
Speaker 9: That's that's going to take more than just a second
Speaker 9: to answer, So we'll get that right after the break here.
Speaker 9: A great question, though, Hang on.
Speaker 5: Go with a sure thing Denver's Best roofer Excel Roofing
Speaker 5: dot com.
Speaker 3: You don't pay a cent until you're content.
Speaker 5: Time for an insurance checkup free no obligation comparison call
Speaker 5: Compass Insurance paying too much your coverage at dozens of
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Speaker 9: Help.
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Speaker 5: durand the real estate Man dot com to list your
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Speaker 9: All right, good afternoon, John Fuller here on the Troubleshooter Network.
Speaker 9: We are rapidly moving through the third hour of the show.
Speaker 9: Dimitri asked a question a moment ago about dash cans,
Speaker 9: and we're going to get into that in some detail.
Speaker 9: I really feel strongly about dash cans, and and and
Speaker 9: and and and have found them to be incredibly valuable
Speaker 9: on a number of different cases. We're gonna go to
Speaker 9: the callers real quick. We've got Paul on the line
Speaker 9: about a car accident, and then we'll get right back
Speaker 9: to the dash cans in just a second. Paul, welcome
Speaker 9: to the show.
Speaker 17: What's going on yeah, John, is there anything that we
Speaker 17: thought about auguinally claims? You know, people that allege that
Speaker 17: they're hurt and they're really not. I mean, I know
Speaker 17: of an instance the real recently someone was rerendered. I mean,
Speaker 17: the impact was less than ten miles an hour, and
Speaker 17: of the party was claiming, you know, whiplash and right
Speaker 17: store nets and everything else.
Speaker 15: Means, did this.
Speaker 9: Happen to you, Paul? Yes, yeah, Paul. Did you have
Speaker 9: insurance at the time.
Speaker 6: Yes.
Speaker 9: So this is one of those things where you know,
Speaker 9: as much as you feel that the party had no
Speaker 9: injury and that any claim of injury is just you know, fraudulent,
Speaker 9: the bottom line is that the insurance company and every
Speaker 9: insurance contract reserves for themselves the discretion to do as
Speaker 9: they please with these claims. And so I recently was
Speaker 9: told by an USAA adjuster that, you know, we're going
Speaker 9: to offer so and so. This was a different matter,
Speaker 9: but it wasn't my client, but they said we're going
Speaker 9: to offer so and so five hundred dollars because you know,
Speaker 9: she may just take it before it goes to a
Speaker 9: lawyer or something. And so, you know, there are times
Speaker 9: when they just make the game time decision that they
Speaker 9: want to step been in settle a case to avoid
Speaker 9: you know it going the distance. But here's what I
Speaker 9: can tell you, there is no room for fraud in
Speaker 9: the personal injuries space beyond just the very bare bones
Speaker 9: bottom frivolous you know, unsupported claims, because anytime that we're
Speaker 9: looking at a claim that's going to get into more money,
Speaker 9: or you know, a claim of future need for medical
Speaker 9: care or loss wages and stuff, there's just not an
Speaker 9: insurance company out there that doesn't require proof of those damages,
Speaker 9: documents and medical records and everything else that support those
Speaker 9: claimed injuries before they're willing to pony up the money. Now,
Speaker 9: of course, somebody can go down and file a lawsuit,
Speaker 9: and who knows what happens in a lawsuit, but generally speaking,
Speaker 9: juries get it right, and these you know, insurance companies
Speaker 9: are just not going to pay more than just a
Speaker 9: token small amount to make somebody go away when there's
Speaker 9: no will prove for evidence of the injury. And so
Speaker 9: if it truly was a ten mile an hour rear
Speaker 9: in crash, you know, that's just I'm not going to
Speaker 9: say that there aren't injuries that can happen from that crash.
Speaker 9: But certainly there's going to be a lot more scrutiny
Speaker 9: from the insurance company, but they reserve that prerogative to
Speaker 9: make that decision themselves.
Speaker 17: Well, how how discriminating doctors usually you know in such
Speaker 17: a case.
Speaker 9: Well, I mean, if you're saying, are there doctors out
Speaker 9: there that will dummy up medical records? I suppose. I
Speaker 9: suppose that there are there are less ethical doctors than
Speaker 9: others out there. But at the end of the day,
Speaker 9: I mean, a doctor can write one thing, but when
Speaker 9: it comes to producing X rays and MRIs that show
Speaker 9: the actual damage, that's a lot harder than dummy up.
Speaker 9: So I mean that only goes so far if you
Speaker 9: if you have a doctor that's willing to stretch the
Speaker 9: truth a little bit. And in my practice, I can't
Speaker 9: just get a single doctor's note without any other supporting
Speaker 9: documentation and get a great outcome on a case. And
Speaker 9: so certainly my law firm would never take on a
Speaker 9: case like that, and we'd never work with a doctor
Speaker 9: that was known for doing dummied up report. So it's
Speaker 9: kind of a self policing type environment out there. I
Speaker 9: can't say it never happens, but it certainly doesn't happen
Speaker 9: on a wide scale basis, Hey.
Speaker 10: Paul, do you have proof that was a ten mile
Speaker 10: an hour crash or just by the limited damage on
Speaker 10: your car, just by.
Speaker 17: The limited damage of my Caducy, does that fix.
Speaker 6: Have any effect? John?
Speaker 9: It does? But I mean they've they've done cadaver studies
Speaker 9: and they've done crash tests, you know, studies and stuff.
Speaker 9: They prove that there's not always a correlation between the
Speaker 9: speed of the collision and the damage that happens to
Speaker 9: the occupants. Okay, and that's a fact. I mean that
Speaker 9: you just can't say five miles an hour equals no injury,
Speaker 9: because for some people it does. All I'm really saying
Speaker 9: is they're not going to just take her word for it.
Speaker 25: What about like maybe a pre existing condition that was
Speaker 25: exacerbated by this time, Honor.
Speaker 9: Absolutely, But then again, we're going to have documents that
Speaker 9: support that the existence of that pre existing condition, and
Speaker 9: they're going to make them come up with those to
Speaker 9: be able to show what it was before and what
Speaker 9: it was after. Certainly things can get exacerbated and maybe
Speaker 9: even more so, you know, for something that existed before.
Speaker 9: But they're just not going to do it based on
Speaker 9: the word of the injured party. They're going to require
Speaker 9: that extra documentation, those scams, those MRIs, the things that
Speaker 9: can help prove it up. So good luck to you, Paul.
Speaker 9: Your carrier is keeping an eye on this, I promise,
Speaker 9: and they're not just going to pay out a big,
Speaker 9: huge sum of money without there being some hard evidence
Speaker 9: and proof of the the the other person's injuries. All right,
Speaker 9: I appreciate the call, Paul. We'll be moving on here.
Speaker 9: We have Dimitri's questions still pending about the dash cans.
Speaker 9: Let's talk about dash cans. So I'm going to take
Speaker 9: a little bit of a tangent here. So I was
Speaker 9: talking to a client this morning who happens to be
Speaker 9: a police officer on a large metro police agency, and
Speaker 9: so the topic comes up. And this particular client has
Speaker 9: many times told me, John, you're always dissing on the cops.
Speaker 9: You're always, you know, talking bad about the lazy cops
Speaker 9: and everything else. And I explained to him, and I'll
Speaker 9: explain to the listeners today. Here's my true feeling about it.
Speaker 9: I don't think it's a surprise to anybody that the
Speaker 9: cops are understaffed these days. He said on his agency,
Speaker 9: they were at about eighty percent of the number of
Speaker 9: police officers that they should have just to be adequately staffed,
Speaker 9: and so you effectively have eighty percent of the cops
Speaker 9: doing one hundred percent of the job. And so it's
Speaker 9: no secret that when they show up at the scene
Speaker 9: of an accident, they can really go two ways. They
Speaker 9: can do the minimal that they need to get up
Speaker 9: to the next three or four calls that are stacked
Speaker 9: up on their agenda, or they can take their time
Speaker 9: and do a really exhaustive, you know, police investigation. Sometimes
Speaker 9: they take the former route, and we that with less
Speaker 9: information that we would like. We'll be right back after
Speaker 9: this break. We'll pick that up where I left off.
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Speaker 15: So you don't have.
Speaker 2: Come running.
Speaker 3: Just as fast as we can.
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Speaker 4: This he is the Troubleshooter Show. Now, Tom Martinez, Good afternoon.
Speaker 9: This is John Fuller filling in for Tom Martino and
Speaker 9: the Troubleshooter Network. Here in the last hour of today's show.
Speaker 9: We are rocking and rolling. We're talking about dash cams,
Speaker 9: and I kind of got off in a little bit
Speaker 9: of a tangent talking about the police and stuff. And
Speaker 9: the reason for doing that is just to help you
Speaker 9: understand the challenges that we're having out there right now.
Speaker 9: And even though we have many fine people on these
Speaker 9: police forces, and many that try to do the absolute
Speaker 9: best job that they can, they're spread really thin right now.
Speaker 9: And so if a if a police officer shows up,
Speaker 9: and we truly have two different people that are saying
Speaker 9: the exact opposite about what happens. Sometimes the police are
Speaker 9: just saying, well, he said, she said, I don't know.
Speaker 9: Nobody gets sighted. They just leave and run up the
Speaker 9: report and they go on to the next call. And
Speaker 9: the problem with that is that completely innocent people can
Speaker 9: lose huge just because of that. Because both people go
Speaker 9: back to their insurance company tell them what happens, the
Speaker 9: insurance company believes they're insured and that's the position that
Speaker 9: they take. And so if the at fault really at fault,
Speaker 9: guy says I didn't do it, it wasn't my fault,
Speaker 9: and his company denies liability. You know, you could have
Speaker 9: somebody And I've had clients who have just liability coverage,
Speaker 9: only they don't have any way to cover their car
Speaker 9: while this dispute goes on, and so all of a sudden,
Speaker 9: they've lost a car, they have no transportation. Then they
Speaker 9: lose their job because they can't get to work, and
Speaker 9: it just snowballs, and then they're out of a place
Speaker 9: to live. And I mean this is not just purely hypothetical.
Speaker 9: I've actually had clients that have been in this position
Speaker 9: all because of police report and a crash that could
Speaker 9: have been identified, or they could have looked for, you know,
Speaker 9: for street cameras and stuff like that that might have
Speaker 9: actually led to the determined of who the at fault
Speaker 9: party was. But because they just said, you know what,
Speaker 9: both parties said it was the other guy's fault, and
Speaker 9: I couldn't figure it out. I went on my way,
Speaker 9: And so that's the reality of the world that we
Speaker 9: live in. We have these problems more and more in
Speaker 9: my practice than we ever did ten years ago or
Speaker 9: so before all the craziness started. And so you have
Speaker 9: to ask yourself, Look, we have a crisis of insurance
Speaker 9: where a million people are out there with no insurance
Speaker 9: at all. We have a crisis of getting accurate police
Speaker 9: reports because of factors that are completely out of the
Speaker 9: control of the police and everybody else. So what do
Speaker 9: we do to remedy that we protect ourselves. We go
Speaker 9: out and we get really good insurance so that we're covered,
Speaker 9: our families covered, we have the medical bills covered, we
Speaker 9: have the ability to pay out of one pocket so
Speaker 9: that if we have big kopays and deductibles coming at
Speaker 9: us from another angle, were covered and it's not going
Speaker 9: to be a financial catastrophe to you and your family
Speaker 9: in the event that something happens and it's one of
Speaker 9: these guys that has minimal limits or there's multiple vehicles
Speaker 9: involved and there's just no other source to really immediately
Speaker 9: pay other than your policy. The second thing we do
Speaker 9: is we get a dash cam because The only way
Speaker 9: that you can completely eliminate the question about what happened
Speaker 9: in the accident and who was at fault, and what
Speaker 9: the color of the light was, and what the speed
Speaker 9: of the other car was and all these factors that
Speaker 9: go into a fault or a liability determination is to
Speaker 9: have that camera in your car. And like Doc said,
Speaker 9: one hundred and fifty bucks, and it's there. You don't
Speaker 9: even think about it. It comes on every time you
Speaker 9: get in your car. You don't have to rewind it
Speaker 9: or do anything. It's just there. And if something happens,
Speaker 9: you just reach up and you press a button and
Speaker 9: it senses that the car was in an accident. Many
Speaker 9: times it'll auto save. If not, you just eject the
Speaker 9: little SD card and magically you have a copy of
Speaker 9: what happened. I've even had accidents where witnesses come up
Speaker 9: and say, you know, they'll hand the police officer a
Speaker 9: mini SD card and say, hey, I had a dash cam.
Speaker 9: It caught this accident. I was right behind it. It
Speaker 9: caught everything. This will be important to you and lo
Speaker 9: and behold it's super important.
Speaker 15: So in my.
Speaker 9: Opinion, it's just a necessary extra step. We know we
Speaker 9: need good insurance but we also know we need these
Speaker 9: dash cans. It's it's just a small price to pay
Speaker 9: to have that extra security and the knowledge that you're
Speaker 9: covered in case I have.
Speaker 10: Unfortunately, the people who can pay out of pocket are Oh,
Speaker 10: the people who can pay out of pocket are the
Speaker 10: people who can afford increased insurance limits. Unfortunately, it's the
Speaker 10: people who can't afford super insurance that are the ones
Speaker 10: that can't afford to cover it out of their own pocket.
Speaker 10: So having a dashcam eliminates that extra charge. And it's
Speaker 10: a one time fee. It's not a recurring fee every
Speaker 10: month or every year.
Speaker 9: No, you're absolutely right. There's no cost or subscription model
Speaker 9: that goes into too running those things. Once you have them,
Speaker 9: they just run and you don't even have to think
Speaker 9: about them. So so going back to the coverage that
Speaker 9: Dimitri has, I mean, looking at this, you've got two
Speaker 9: fifty a person five hundred each accident. That's a liability
Speaker 9: coverage that protects you in the event that you hurt
Speaker 9: somebody else and you're at fault for an accident. And
Speaker 9: so that's really good liability coverage. But in my opinion,
Speaker 9: the only reason why you want to have the two
Speaker 9: fifty and five hundred coverage unless you have just a
Speaker 9: lot of you know, liquid assets that you really are
Speaker 9: at risk. Is so that you're allowed to have that
Speaker 9: same exact coverage and uninsured motorist coverage which you have.
Speaker 9: And so if you get injured in an accident that's
Speaker 9: somebody else's fault, it doesn't matter what their insurance is.
Speaker 9: You know that you've got at least two fifty for
Speaker 9: that accident per person and up to five hundred for
Speaker 9: the entire accident, So that two fifty pays for medical,
Speaker 9: that two fifty. So uninsured motors coverage is looked at
Speaker 9: as if they were standing in the shoes of the
Speaker 9: at fault party. Okay, so that means everything that they
Speaker 9: would have been liable for you are. We're not talking
Speaker 9: about property damage, that's separate, but we're talking about your
Speaker 9: medical bills, your lost wages, your pain and suffering, your
Speaker 9: future medicals, any physical impairment, all the other damages that
Speaker 9: would typically be paid for by a well insured at
Speaker 9: fault defendant, they're now being paid for by your own
Speaker 9: insurance company with a favorable standard of care when they
Speaker 9: evaluate the damages for you, because it's your company.
Speaker 10: Do you have an umbrella policy, because that would come
Speaker 10: in after the insurance limits are reached.
Speaker 6: Correct.
Speaker 9: Yeah, So an umbrella policy traditionally is an extra liability policy,
Speaker 9: which would add on to Dimitri's initial coverage of two
Speaker 9: fifty and five hundred, meaning that if he had additional
Speaker 9: liability really really hurt somebody or a lot of people,
Speaker 9: that would stack on top of that and provide additional coverage.
Speaker 9: But in my opinion, the coolest thing about reli policies
Speaker 9: is that many of them will also sell you an
Speaker 9: uninsured motorist writer, which is an extra little you know,
Speaker 9: a little sub policy if you will, that adds the
Speaker 9: same amount of uninsured motorist coverage to that umbrella policy,
Speaker 9: So that now Dimitri would still have the two fifty
Speaker 9: five hundred of underlying um limits, but now he has
Speaker 9: two fifty plus a million, so a million two point
Speaker 9: fifty or a million five hundred, depending on the circumstances
Speaker 9: of the accident. So that's amazing, and all in all,
Speaker 9: I have to say that your insurance is really not
Speaker 9: that crazy.
Speaker 6: Do you have them?
Speaker 11: Is that when you say, when you're impressed with my
Speaker 11: insurance coverage, do you feel like that also makes me
Speaker 11: a more attractive target to litigious claimants.
Speaker 9: I really don't. I mean, ultimately, it's the damages that
Speaker 9: are going to drive the claims. And so if you
Speaker 9: don't hurt somebody really bad, no matter how much insurance
Speaker 9: you have, their claim is not going to be that significant. Okay,
Speaker 9: But what's better to be uninsured or underinsured and have
Speaker 9: a huge liability claim coming at you or to have huge,
Speaker 9: great insurance and their claim is what it is?
Speaker 11: You know, I'd rather have great insurance, and especially since
Speaker 11: it also seems to be great at covering me, I
Speaker 11: don't want to rely on the other party's insurance coverage
Speaker 11: because odds are they're either not insured or underinsured, or
Speaker 11: they're going to take off and I'll never figure out
Speaker 11: who they were anyway. Yeah, that was the driving, uh,
Speaker 11: you know, motivator for you to max out on every
Speaker 11: line item on auto insurance.
Speaker 9: Right I mentioned earlier. I finally met the first case
Speaker 9: where I'm actually hoping that the at fault guy is
Speaker 9: is is uninsured. And we'll talk about that in just
Speaker 9: a second. We've got a caller here, Leroy, with a
Speaker 9: question on restraining orders. What is going on, Leroy?
Speaker 7: Yeah, My question is how do you protect yourself from
Speaker 7: getting or from people that you're doing have done nothing too,
Speaker 7: you know previous ones.
Speaker 9: Is this a civil restraining order or the type of
Speaker 9: restraining order that comes after charges have been filed against you?
Speaker 7: It's not a civil one, okay?
Speaker 9: Is it the ones that the court put in after
Speaker 9: charges have been filed.
Speaker 7: No, it's going down a person like an ex girlfriend
Speaker 7: put it in. Then I'm tagging upon doing all this stuff,
Speaker 7: and they're trying to serve me with a restraining order.
Speaker 7: And I ain't seen a person three or four years,
Speaker 7: and this has happened two or three.
Speaker 17: Times in the pan.
Speaker 9: So that a that is what we call a civil
Speaker 9: restraining order. The other one is a criminal restraining order,
Speaker 9: and it comes after after charges have been filed. So
Speaker 9: luckily you don't have one of those because that's mandatory
Speaker 9: and you really you're probably going to get serve that
Speaker 9: one in court while you're in custody, is kind of
Speaker 9: how it normally happens. But the one you're talking about
Speaker 9: is a civil restraining order, and and you know, you
Speaker 9: can avoid service for as long as you want, but
Speaker 9: at the point that you get served, there is an
Speaker 9: opportunity to be heard in court and for them to
Speaker 9: listen to your side of the story and rebut that
Speaker 9: and if it's a situation where the judge doesn't find
Speaker 9: that the claims of the person asking for the restraining
Speaker 9: order are legitimate, then they won't enter it. And so,
Speaker 9: you know, don't miss that opportunity to go in and
Speaker 9: set the record straight on what is going on and
Speaker 9: why that restraining order should not be issued. But if
Speaker 9: you ignore that and you don't go to court, then
Speaker 9: there's restraining orders going to issue, and then the violation
Speaker 9: of that does become a criminal charge. And that's just
Speaker 9: a whole ballot bag of worms that you don't want
Speaker 9: to you don't want to open up. So thanks for
Speaker 9: the call, Lee Royan. I was gonna say, I hope
Speaker 9: that helps. Did that answer your question?
Speaker 17: Well?
Speaker 7: No, no really, because mcquinton is how do I avoid it?
Speaker 7: And I don't even know when to go to court?
Speaker 9: And I ain't seen nothing because you haven't been served yet.
Speaker 9: As soon as they actually serve you, you're going to
Speaker 9: get the court date and it's going to tell you
Speaker 9: what court to go to and what time and all
Speaker 9: that kind of stuff. Okay, the person that.
Speaker 7: Sending me a tech a copy of it. No, I'm
Speaker 7: trying to find out can I do something before you
Speaker 7: get served?
Speaker 3: Good?
Speaker 7: It's happened three or four times and they can throw
Speaker 7: it out.
Speaker 9: Okay, all right, hang on just a second, La, We'll
Speaker 9: get to that question in just a moment.
Speaker 5: All right, Hang tight, Go with a sure thing Denver's
Speaker 5: Best roofer Excel Roofing dot com. You don't pay a
Speaker 5: cent until you're content. Time for an insurance check up free,
Speaker 5: no obligation. In comparison, call Compass Insurance paying too much
Speaker 5: your coverage at dozens of insurance companies find out now
Speaker 5: three all three seven to seven to one.
Speaker 3: Help.
Speaker 5: You'll think you're his only customer when you choose Frank
Speaker 5: durand the real estate Man dot com to list your
Speaker 5: home with Remax Alliance three all three nine two zero
Speaker 5: sixteen twenty two.
Speaker 9: All right, good afternoon. John Fuller here is still filling
Speaker 9: in for Tom Martine in the Troubleshooter Network. We are
Speaker 9: going back to Leroy on the line. So, Leroy, so
Speaker 9: here's the deal. You're saying. The gal that's trying to
Speaker 9: get a restraining order against you has actually texted you
Speaker 9: a copy of the order, but they haven't actually served
Speaker 9: it on you.
Speaker 3: Is that right?
Speaker 5: Right?
Speaker 9: And so your question is how can I make this
Speaker 9: go away without going to court and without being served?
Speaker 7: Well that too, but my really question is how do
Speaker 7: you keep someone keep doing this when they wake up
Speaker 7: and have a bipolar day and this one to just
Speaker 7: take you to court for no reason to say, I
Speaker 7: ain't trying to go on to get served, I ain't
Speaker 7: trying to go with no corner, I ain't trying to
Speaker 7: go on no jail or nothing for something.
Speaker 9: I absolutely understand what you're saying. The challenge is this,
Speaker 9: she didn't get that order just by filling out paperwork.
Speaker 9: She had to go in front of the judge and
Speaker 9: tell the judge what she felt like the credible threat
Speaker 9: was that you were to her, and she had to
Speaker 9: use specific examples in order to get the judge to say, yes,
Speaker 9: we're going to go ahead and issue the temporary restraining order.
Speaker 9: And temporary is the key word. It is a temporary order.
Speaker 9: It can only be enforced after it's been served on you.
Speaker 9: But it's temporary because you then get a court date
Speaker 9: where you get to go in and say, your honor,
Speaker 9: here's what's going on, and present any you know, statement
Speaker 9: or evidence that you want that would be considered by
Speaker 9: the judge before they would make that restraining order permanent.
Speaker 7: Well, let me tell you someone else John did on
Speaker 7: this restrainer has got reopened. Okay, the one you said
Speaker 7: years ago, you reopened this one and that was dismissed.
Speaker 9: Well, here's here's my experience, Lee Roy. These judges get
Speaker 9: tired of hearing the same person complain about the same
Speaker 9: thing without any evidence and then either not showing up
Speaker 9: for court or you know, and then coming back the
Speaker 9: next time and claiming the same thing, and they they
Speaker 9: eventually kind of get tired of it. And so you
Speaker 9: need to gain credibility by being the guy that's willing
Speaker 9: to show up and to be cooperative and to talk
Speaker 9: to the judge and everything. And they're pretty quickly going
Speaker 9: to realize that she's the one that's kind of the
Speaker 9: nut and not you on this. But unfortunately, after the
Speaker 9: judge issues the temporary order, it's not going to go
Speaker 9: away until you get served and you go to court
Speaker 9: and present your side of the story and let the
Speaker 9: judge decide whether to make it permanent or to dismiss it.
Speaker 9: Out of hand at that point.
Speaker 7: Well, like I said, this happened several times and I
Speaker 7: wasn't meet with other people and everyone last one, I'm
Speaker 7: again dismissed.
Speaker 3: That's good.
Speaker 7: I want to act if I don't get served and
Speaker 7: none worried about, Right, what would you advise me to do?
Speaker 9: Well, I'm not going to advise you to avoid service.
Speaker 9: But yeah, they have to serve you in order for
Speaker 9: that temporary restraining order to go into effect. I mean
Speaker 9: it has to be served on you because your knowledge
Speaker 9: is only really satisfied once it's been served.
Speaker 25: So can he serve her, because if she is texting
Speaker 25: him going hey, here's I'm serving you again, can he
Speaker 25: get something against her?
Speaker 9: Well, he can, but in order to do that, he's
Speaker 9: going to have to fill out the same application for
Speaker 9: a temporary restraining order and go in front of the
Speaker 9: judge and say, your honor, here's what's going on. She's
Speaker 9: stalking me or being a freak, or harassing me or whatever.
Speaker 9: The standard is a credible threat of eminent bodily harm.
Speaker 9: And so you can't just say she's a painting but
Speaker 9: she irritates me, she's a bad cook. I mean, you
Speaker 9: can't use things like that. It has to be she's
Speaker 9: threatened to stab me, she's coming after me with a
Speaker 9: baseball bat. I mean, there's got to be some credible
Speaker 9: threat of bodily injury to you to satisfy. Now here's
Speaker 9: the other thing, Leroy. You know that the only way
Speaker 9: she got that temporary was by saying I'm afraid of
Speaker 9: him because he's threatened to do something to me. So
Speaker 9: right out of the gate, you know the standard that
Speaker 9: you're up against.
Speaker 3: I get it.
Speaker 9: I'm not saying that's right. I'm just saying, you know
Speaker 9: the standard that you're up against when you end up
Speaker 9: going to court on this, so be prepared for it,
Speaker 9: all right.
Speaker 7: Right, But let me tell you something else. I did
Speaker 7: go put on years ago because he puting on me
Speaker 7: and I put on her, and just they need excepting,
Speaker 7: you know, one of them. They need to say, won't
Speaker 7: them out?
Speaker 9: Well, that's probably the best thing that happened at the time.
Speaker 9: But I mean, you you can do that, but just
Speaker 9: keep in mind you got to go to court to
Speaker 9: do it, and that presents a real opportunity for somebody
Speaker 9: to serve you with the temporary, so you might win
Speaker 9: the battle and lose the war. But that's all I
Speaker 9: got for you, Leroy. I wish I had better, better,
Speaker 9: better information for you. All right, appreciate you calling Leroy. Uh,
Speaker 9: we're going to move along here, Zach. You've got a
Speaker 9: question on cars. How can I help you today? Zach,
Speaker 9: Hey take my callas for of course.
Speaker 26: I want to tell Leroy first off, the solutions dropper
Speaker 26: man deal with that type of stuff, Move along better.
Speaker 9: And run man.
Speaker 26: Anyway, my question had to get back to the vehicles
Speaker 26: and my ability. What were your thoughts on CREA eating
Speaker 26: an LLC just to register your vehicles to that? What
Speaker 26: type of ATA protection can.
Speaker 9: I expect from that? So I maybe have a non
Speaker 9: traditional opinion on that, but here's the bottom line. LLCs
Speaker 9: don't drive cars, Okay, people drive cars, and when you're
Speaker 9: the negligent party that causes an accident, you are personally
Speaker 9: going to be liable for those damages and then you're
Speaker 9: going to be hoping that your assets and your insurance
Speaker 9: are available to pay that. All that an LLC does
Speaker 9: is shield the assets of that LLC, you know, or
Speaker 9: it shields you from personal responsibility for obligations of the LLC.
Speaker 9: And so if you had an insurance policy that only
Speaker 9: covered the LLC, and they vicariously covered you as a
Speaker 9: member of the LLC, then in theory they would be
Speaker 9: limited to the proceeds of that of that policy. But again,
Speaker 9: LLCs don't drive cars, so if they come after you
Speaker 9: directly and personally, you still could have some liability for
Speaker 9: or that accident that you caused even though you have
Speaker 9: an LLC.
Speaker 26: Does that make sense, Yes, sir, thank you very much.
Speaker 9: Yeah, good luck to you, sir. There's no way. I mean,
Speaker 9: I get this question a lot with people that try
Speaker 9: to structure like boats and rbs and stuff in an LLC,
Speaker 9: and that's that's good in theory. I mean, the idea
Speaker 9: is that, oh, I can you know, nobody can touch
Speaker 9: me if an accident happens. But really that LLC doesn't
Speaker 9: have anything to do with the fact that you were
Speaker 9: the liable party if you cause an accident, and you're
Speaker 9: still going to be the guy that gets sued individually.
Speaker 9: We don't sue, you know, an LLC just because you
Speaker 9: have one. We see the guy that was driving because
Speaker 9: he's a liable party, and then maybe the LLC has
Speaker 9: insurance coverage that comes into play. But it's really hard
Speaker 9: to truly shield yourself from liability for acts that you caused.
Speaker 9: So appreciate the phone call. We'll be right back. Mike
Speaker 9: King on the line, will get your call on the
Speaker 9: as soon as we get back. Thank you.
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Speaker 9: Good afternoon, John Fuller here filling in for Tell Martino
Speaker 9: on this Troubleshooter network, and we are moving along here.
Speaker 9: We've got a caller, Mike on the line with a
Speaker 9: question about personal injury claims. Mike, what is going on? Sir?
Speaker 14: Good you for taking my calls. First of all, you know,
Speaker 14: thank you for the work you do. I know it has,
Speaker 14: you know, immense significance for so many people so, first
Speaker 14: of all, just thank you so much. And yeah, so
Speaker 14: what I was going to ask about, essentially, is statue
Speaker 14: of limitations to file a personal injury case regarding the
Speaker 14: amount of time you have you know, what circumstances would
Speaker 14: kind of affect the amount of time you would have
Speaker 14: to file a claim And is it the same for
Speaker 14: every type of claim or case or does that kind
Speaker 14: of very based on the different type of case you're
Speaker 14: filing for.
Speaker 9: What a broad reaching question there, Let me try to
Speaker 9: try to net it out for you. For anything regarding
Speaker 9: a car accident, the statute limitations is three years. For
Speaker 9: most other things like medical malpractice, simple negligence, that kind
Speaker 9: of stuff, the statute of limitation and premises liability cases
Speaker 9: is two years, and so you better be right about
Speaker 9: which one it is. And if your claim actually crosses
Speaker 9: over and maybe has you know, portions of different types
Speaker 9: of claims, then you always want to go with whatever
Speaker 9: the shortest one is. The Only caveat to that is
Speaker 9: that sometimes there are notice requirements that you have to
Speaker 9: satisfy for things like governmental immunity notice and stuff like that,
Speaker 9: where the statute requires that you give formal statutory notice
Speaker 9: in one hundred and eighty three days after the accident,
Speaker 9: and most people, you know, erroneously think that well, they
Speaker 9: knew they were in the accident, or you know, they've
Speaker 9: got notice or I called them one time and told
Speaker 9: them about it and stuff, and that's not good enough.
Speaker 9: The law requires that you actually comply with the statute,
Speaker 9: and it's very specific on who you have to serve in,
Speaker 9: what information you have to give them about the nature
Speaker 9: of your damages, theory of liability, all the different you know,
Speaker 9: correct parties and stuff. And they're not generally gonna get
Speaker 9: your notice and just call up and offer you a check.
Speaker 9: But it just preserves your right to then violet according
Speaker 9: to the two or the three year statute, limitations that
Speaker 9: might apply on your case. So does that answer your question, sir?
Speaker 9: Did you have a different kind of case in mind?
Speaker 15: No, I was.
Speaker 14: It does answer, and I was kind of just asking
Speaker 14: it generally. It didn't necessarily apply to me, but I
Speaker 14: thought it might be a helpful question to anyone out
Speaker 14: there listening to because you know, one of my problems
Speaker 14: is just procrastination in general. And I feel like, you know,
Speaker 14: when you have an accident, you already have so much
Speaker 14: stress you already have builth piling up, and maybe you
Speaker 14: put things off, and I think it's just, you know,
Speaker 14: important to know you know, what time frame do I
Speaker 14: have here? And I really appreciate your answer, John, So thank.
Speaker 15: You so much.
Speaker 9: Really, yeah, thanks, Mike. You know, the reality is, that's
Speaker 9: why you need to have somebody like us on your case,
Speaker 9: because there are a bunch of deadlines, there are a
Speaker 9: bunch of proces hurdles that you have to jump through.
Speaker 9: We know all of those deadlines, and we know those hurdles,
Speaker 9: and we also know what it takes to be able
Speaker 9: to substantiate and support and prove up our damages. And
Speaker 9: so if we do everything right, then we give you
Speaker 9: the best opportunity of not having to file a lawsuit
Speaker 9: and go to trial because you ran out of time
Speaker 9: and you were literally on the courthouse steps trying to
Speaker 9: file it on the on the last moment of the
Speaker 9: last day. So we can take all of that stress
Speaker 9: off your shoulders and do everything correctly give you the
Speaker 9: best chance of getting a good, favorable outcome in the
Speaker 9: most timely manner possible. And that's that's really what we
Speaker 9: bring to the table. So Mike, I appreciate the phone
Speaker 9: call and good information for everybody. So we've got a
Speaker 9: couple open lines here, so if you have any other questions.
Speaker 9: We're getting towards the end of the show, we're going
Speaker 9: to go back to Dmitri here. He's still got a
Speaker 9: couple of his Stump the PI attorney questions to get through,
Speaker 9: but we're here to answer your questions, So give us
Speaker 9: a call. Go ahead, Dmitri.
Speaker 11: John So, I was wondering about what are the income
Speaker 11: tax implications of both settlements and awards and how are
Speaker 11: those typically treated for both state and federal income tax purposes.
Speaker 9: Any other subparts to that question.
Speaker 11: Yes, I was wondering, if you're or a lawyer like
Speaker 11: you who takes a certain percentage of the settlement or
Speaker 11: the award, if that segment then also becomes a tax
Speaker 11: deductible expense to the plaintiff.
Speaker 9: Yeah, okay, so here's the here's the answer. It depends. Okay,
Speaker 9: if you're if you're making good old run of the mill,
Speaker 9: you know, claims from a car accident or something like that,
Speaker 9: those damage awards are tax free. Okay, you don't need
Speaker 9: to report them. They're not income according to the definition
Speaker 9: of the irs, there's no taxes, do do not report
Speaker 9: them because sometimes tax preparers don't actually know exactly how
Speaker 9: those should be treated for some cases, and you mentioned
Speaker 9: federal and so that kind of drifts into a different category.
Speaker 9: Let's say we had a employment case where part of
Speaker 9: the claim that you're making is that you were wrongfully
Speaker 9: terminated and you're keeping tallly of the wage loss that
Speaker 9: you lost. Okay, if eventually your resolution of that case
Speaker 9: includes the payment of that wage loss, very likely the
Speaker 9: defendant corporation is going to report that as wages and
Speaker 9: you're going to get a W two reporting it as
Speaker 9: or you know ten ninety nine. Reporting it as money
Speaker 9: paid to you in the way of wages, which you will.
Speaker 11: Be makes sense because that's presumably to compensate you for
Speaker 11: the wages you would have made, and they would have
Speaker 11: been taxable. But in the context of your work where
Speaker 11: you collect money for pain and suffering and things like that,
Speaker 11: that's non taxable from what I heard in your answer. Correct,
Speaker 11: but lost wages part of that award if.
Speaker 9: They're identified and they're being paid for by a corporation
Speaker 9: that you worked for, Okay, Compensatory dam images that are
Speaker 9: paid for by a third party defendant are not going
Speaker 9: to be into that.
Speaker 3: Okay, gotcha.
Speaker 9: But if it's an employer and you're suing them for
Speaker 9: lost wages, then yeah, it's going to come back on
Speaker 9: you as as as wages. Now for your final part
Speaker 9: of the question, Subpart three A subparagraph C. There are
Speaker 9: the fees paid to the law firm deductible to you.
Speaker 9: They're not deductible to you because they never make it
Speaker 9: to you. All of the money paid to a law firm,
Speaker 9: the entire damage war gets reported under my tax ID number,
Speaker 9: and then we pay out to our clients and so
Speaker 9: we have to pay taxes on it like any business income.
Speaker 9: But you don't. And we have the complete pay per trail.
Speaker 9: But are they report all of those settlements through my
Speaker 9: tax I D number?
Speaker 11: Thank you, John, Totally makes sense. What a great clear
Speaker 11: answer from an experienced attorney.
Speaker 9: Well, I don't know about that. Twenty three years. All right,
Speaker 9: we're going to take one final break here low in
Speaker 9: the two that Feller has been around a long time.
Speaker 9: All right, we're going to take one more break. We'll
Speaker 9: be right away back go.
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Speaker 5: an insurance check up free no obligation comparison call Compass
Speaker 5: Insurance paying too much your coverage at dozens of insurance
Speaker 5: companies find out now three all three seven to seven
Speaker 5: to one.
Speaker 9: Help.
Speaker 5: You'll think you're his only customer when you choose Frank
Speaker 5: durand the real estate man dot com to list your
Speaker 5: home with Remax Alliance three three nine two zero sixteen
Speaker 5: twenty two.
Speaker 9: All right, all right, we're back at it. John Fuller
Speaker 9: here filling in for mister Tom Martine who is out
Speaker 9: the afternoon, and we are going through a list of
Speaker 9: law school exam questions from Dimitri trying to stump the
Speaker 9: PI lawyer. We've got a couple more questions here. Actually
Speaker 9: we've got one from Bow over here. First we're going
Speaker 9: to go to Bow and see if we can answer
Speaker 9: his question.
Speaker 19: Thank you, John, and it's been great working with you.
Speaker 19: Take I learned a lot, and so have the listeners
Speaker 19: probably picked up a lot.
Speaker 25: That's Professor Fuller to you.
Speaker 20: About doctor doctor.
Speaker 6: Here is a doctor.
Speaker 9: He's got a lot of degree, doctor doctor doctor.
Speaker 19: I have pretty good insurance, have an umbrella and then
Speaker 19: what I'm concerned about if I get into an accident
Speaker 19: and I'm at fault and I have all of this insurance,
Speaker 19: the person that I hit, can theyce elect not to
Speaker 19: go through my insurance company and sue me personally for
Speaker 19: the damage?
Speaker 9: I mean, the answer is yes, obviously they can sue you,
Speaker 9: and they do sue you if they choose to go
Speaker 9: down the litigation route. That's how we do it. We
Speaker 9: sue the at fault party. But you would have the ability,
Speaker 9: and in fact the obligation to turn that over to
Speaker 9: your insurance company and give them the opportunity to defend that.
Speaker 9: Because ultimately, if you've got a judgment against you, you
Speaker 9: would turn around to your insurance company and expect them
Speaker 9: to pay that judgment so they can sue you directly.
Speaker 9: They don't have to file acclaim with your insurance company,
Speaker 9: but at some point you're going to hand it over
Speaker 9: to them and they will take the reins and run
Speaker 9: with it and then pay whatever they choose to pay
Speaker 9: on it.
Speaker 19: Well, John, if they do sue me, I can I
Speaker 19: state you cannot sue me. That's why I have insurance.
Speaker 19: I don't want anything brought against me personally. That's why
Speaker 19: I have insurance, But.
Speaker 20: Are you saying they can elect still come after me personally.
Speaker 9: All I'm saying is they're always going to only come
Speaker 9: after you personally. We don't sue insurance companies in Colorado
Speaker 9: unless they're a party to like a bad faith or something.
Speaker 9: But when we have a simple auto accident, we are
Speaker 9: suing the at fault party. And so you know, one
Speaker 9: of the mandatory disclosures that you have to make as
Speaker 9: a person who's been sued is whether or not there
Speaker 9: are any insurance policies that are in place to pay
Speaker 9: for the damages alleged by the planet, And so whether
Speaker 9: the planet really wants to deal with your insurance company
Speaker 9: or not, you do because you're the insurance You've paid
Speaker 9: for this coverage. You're just going to hand it over
Speaker 9: to your insurance company. They'll assign you a lawyer, and
Speaker 9: then they'll ultimately make the decisions on how to proceed
Speaker 9: with the case, and then they'll pay whatever judgment they
Speaker 9: decide to pay at the end, depending on their discretion
Speaker 9: and how to handle the case. So they don't get
Speaker 9: to opt just to ignore your insurance company. The only
Speaker 9: time that that might hypothetically come into play would be
Speaker 9: if they had minimal limits and your damages were way
Speaker 9: greater than the limits of the insurance and you felt
Speaker 9: like they had personal assets that were available to satisfy
Speaker 9: the totality of your damages, and you didn't want to
Speaker 9: take the limits and give them a complete release in
Speaker 9: exchange for that, and then you could just go after him.
Speaker 9: The insurance company would still be involved, but their liability
Speaker 9: would be limited to the amount of their policy, not
Speaker 9: some some higher up judgment that you might get. Okay,
Speaker 9: all right, thank you, Yeah, you're welcome, mister Dimitri.
Speaker 11: What you got, mister John, Do my high insurance policy
Speaker 11: limits suggest that the insurance company would hire better lawyers
Speaker 11: to defend me?
Speaker 9: No, No, really not. I mean it's it's you know,
Speaker 9: the insurance companies get paid more for higher coverage, and
Speaker 9: so it's there's really no consideration that I've ever seen
Speaker 9: unless we have a really high dollar policy and really
Speaker 9: catastrophic losses where they're debating whether or not they're going
Speaker 9: to tender those you know, those limits or something. Occasionally,
Speaker 9: then they'll hire out, you know, a little bit higher
Speaker 9: echelon attorney. But you know, those are trickier cases and
Speaker 9: stuff with with higher coverage issues and liability issues and
Speaker 9: stuff that they want to make sure they get right.
Speaker 9: And so, you know, I guess in that respect, yes
Speaker 9: they would, But it's not just simply that you got
Speaker 9: a better policy that makes them do that. It's a
Speaker 9: better policy and damages to put that whole policy in jeopardy.
Speaker 11: Yeah, I just kind of figured that if they have
Speaker 11: more at risk because they're in the hook for half
Speaker 11: a million instead of the state minimum, they would invest
Speaker 11: more money in a more experienced lawyer who would also
Speaker 11: do a lot more research, preparation, get assistance, that sort
Speaker 11: of thing.
Speaker 9: Yeah, it totally makes sense what you're saying, But the
Speaker 9: reality is that the injured people only have one basket
Speaker 9: of damages, and it doesn't get more valuable because you
Speaker 9: have great insurance.
Speaker 3: A good point. I didn't consider that.
Speaker 9: We you know, it may get more valuable if we're
Speaker 9: comparing you against a minimal limits twenty five thousand dollars
Speaker 9: policy and they have say fifty or one hundred thousand
Speaker 9: of damages, Well, now it's more collectible, But it didn't
Speaker 9: get more valuable because you happen to have greater insurance.
Speaker 10: But don't they also have in house lawyers, so they're
Speaker 10: not paying them, yeah, about paying any lawyer more, yeah,
Speaker 10: on any given case.
Speaker 9: About fifty ten years ago in Colorado at least, they
Speaker 9: finally figured out that, you know, that that paying these
Speaker 9: lawyers on a per diem matter or per diem amount
Speaker 9: was not very good business, and that they could they
Speaker 9: could pay you know, a lawyer their salary and bring
Speaker 9: them in house and feed them one hundred and fifty
Speaker 9: cases and tell them good luck, and their cost per
Speaker 9: case goes down to next to nothing. And since that time,
Speaker 9: every major carrier in Colorado has what we call a
Speaker 9: captive law firm. So on the pleading it still says
Speaker 9: Dimitri's law firm, but Dmitri actually has a you know,
Speaker 9: a ABC Insurance company email and his address happens to
Speaker 9: be where ABC's headquarters is, and and that kind of stuff.
Speaker 9: So they're very much a captive, you know, wholly owned
Speaker 9: insurance attorney. But you know, in court and stuff, they
Speaker 9: don't we're not allowed to bring in the presence of insurance,
Speaker 9: so they don't want to have like, you know, all
Speaker 9: State insurance company or something on the caption. So that's
Speaker 9: that's why they do that. But they're all employees, like
Speaker 9: Doc says, and it's been that way for about fifteen
Speaker 9: years that we've had that.
Speaker 6: So John, of course, real.
Speaker 10: Quick, What is the role of the insurance Commissioner or
Speaker 10: the insurance commission in Colorado? What are they mandated to do?
Speaker 9: Yeah, the main thing that the insurance commission is mandated
Speaker 9: to do is to make sure that insurance companies are
Speaker 9: operating in a fiscally appropriate way, meaning they've set aside
Speaker 9: enough reserves to handle the anticipated claims, that they're appropriately
Speaker 9: you know, doing business the way it's supposed to be done.
Speaker 9: I mean, insurance companies are you know, they run through
Speaker 9: an awful lot of money, and so if they don't
Speaker 9: set aside, you know, the appropriate amount into reserves, they
Speaker 9: run the risk of not having that money there when
Speaker 9: the eventual claim needs to be paid.
Speaker 10: Well, they if I have a problem with an insurance company,
Speaker 10: will they adjudicate that or is that not something that
Speaker 10: they do or is that up to the courts.
Speaker 9: They don't really adjudicate it, but they sometimes will get
Speaker 9: involved and make a phone call. So every now and
Speaker 9: again that becomes pretty helpful. Hey, listen, guys, save all
Speaker 9: your trouble for us. We appreciate it. It's been a
Speaker 9: great day and come back tomorrow. We'll be back again.
Speaker 9: Thank you.