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Everything posted by adjusterjack

  1. Most likely ZERO. Given the weather conditions you describe, going 50 mph over the crest of the hill with no way of knowing what's on the other side, your actions are the classic definition of negligence. I seriously doubt that that has anything to do with the snow drift. And even if it does impute any negligence to the plow operator it's probably a miniscule percent. Here's an idea. If you have collision coverage, have your claim taken care of by your insurance and ask your claim rep if the company will subrogate against (seek reimbursement from) the plow operator. If he says no, you'll have your answer.
  2. Why do you need "information/case studies/general rulings" on the subject? Is an insurance company or employer denying your claim? Or is this a homework assignment that you want us to do for you. Bottom line, PG is correct that those injuries, under the circumstances you describe, would be covered by workers compensation.
  3. You mean it was a $24,000 car in 2008. If the current blue book value is $16,000 you should have gotten up and walked out the minute you were offered $13,000 if you could have sold it privately for $16,000. Nobody every makes out on a trade-in. The dealers have to get the car cheap enough so that they can sell it at market value and make a profit. PG is right about the trade-in value of $13,000 less your loan balance of $6,000 leaving $7,000 to be applied to the cost of the truck. So nobody scammed you on anything there. However, I think PC is a bit light on the tax, license and dealer fees. Plus, if you bought GAP insurance (hope so) and credit life and disability and maybe an extended warranty (we don't know what you did) you could have easily added many thousands to the amount of your new loan. All those figures were laid out in front of you and needed to be read and understood before you put the pen to the signature spot. Again, you could have walked out at any time without buying the truck. But you didn't. There isn't anything you can do about it now.
  4. adjusterjack


    Step 1 - Give him proper written notice to move it. Your state laws (or a lawyer) will tell you how much notice you need to give him. Step 2 - If he doesn't move it by the deadline date, evict him through the courts. Your state laws will tell you how to do that or hire a lawyer to do it for you.
  5. Not both issues. Continuation of coverage at your own expense is addressed by the New Jersey Continuation law that applies to businesses with less than 20 employees. Read about it at: http://namebenefitsllc.com/NJ%20State%20Continuation%20Informational%20Guide.pdf If it's similar to COBRA you are likely going to be able to have coverage effective on the termination date provided you are willing to pay the premiums. I suggest you start putting away cash to cover at least two months' premiums. If it takes a month to get your paperwork in order you'll have to pay for the first and second month at the same time. If your employer is not complying with that law you can call your state's Dept of Labor and get some help. As for the date that employer provided coverage terminates, that's up to the employer and apparently terminates on the date of your termination.
  6. 1 - Never rely on anything anybody "tells" you. What's in writing or what's in print is what counts. 2 - I believe maternity coverage is mandatory in NY. At least as of 1976 per the following circular letter from the insurance department: http://www.dfs.ny.gov/insurance/circltr/1976/cl1976_23.htm However, you will have to determine whether the insurance provided by the employer is addressed in the statutes cited in the circular letter or if that still applies at all. You can look up the statutes at: http://codes.lp.findlaw.com/nycode If you cannot figure it out, call the state insurance department for an explanation.
  7. Of course it's possible. It's the landlord's property. The landlord decides what he wants to allow or not.
  8. As an owner who doesn't live there I think you have more disadvantages than advantages. 1 - Potential liability for anybody who gets injured on the property. A lot of people let their insurance lapse when mobile homes are paid off. An injury lawsuit could cost you plenty. 2 - Responsibility for paying the space rent if she doesn't pay and getting sued and having your credit trashed. 3 - Responsibility for selling it in situ or removing it and disposing of it. Lots of dollars there. 4 - Mobile homes are generally titled like automobiles. You'll have to check your state laws (ask a lawyer) to see if there is a statutory presumption that the joint ownership is with right of survivorship. If it is, it automatically becomes yours (see number 2). If it isn't, it will have to be probated anyway. Bottom line, I don't think there is any up side to keeping your name on the title.
  9. Might be illegal if they had no justification for pulling you over. Might be legal if they did. As far as I know they don't have to give you the real reason for pulling you over, they just have to justify the actual reason in court. That there was a plain clothed officer and that you actually did get arrested leads me to suspect that they already had something on you before pulling you over and confirmed it with the search. What did they find and what are you charged with?
  10. Yes, it's legal. The US Supreme Court has ruled in favor of probation searches. In the future be more careful about who you give shelter to. Had the authorities found contraband in your place, you could have been arrested as well.
  11. What you have to understand is that the term [probable cause] does not mean actual and positive cause nor does it import absolute certainty. It is merely based on opinion and reasonable belief. Thus, a finding of probable cause does not require an inquiry into whether there is sufficient evidence to procure a conviction. It is enough that it is believed that the act or omission complained of constitutes the offense charged. Sure, it would be unfair. Could even be a denial of due process. Unfortunately, we only have your interpretation of what's happening. That's what bail is for. To keep a defendant out of jail while the case progresses. That's what public defenders are for. Doesn't your brother have one? Lawyers don't take case to make a name for themselves (well, rare exceptions) they take cases to make a living.
  12. Life taught them to me. :-) I have a good friend who is a social worker that specializes in working with the elderly so I get the stories frequently and I've participated on another site like this for 11 years and similar situations crop up frequently. One thing to consider is that a senior's uncharacteristic resentment and anger toward their adult children could be an indication of developing medical issues. If your mother has friends where she lives you might keep track of her that way so you know what's going on. Sometimes the elderly have to be helped whether they want it or not.
  13. Sorry, but spraying once when somebody complains never works. You can't live anywhere on this planet without having roaches. They were here before the human race got here and they'll be here long after we are gone. You basically have two choices. You can hassle with your landlord and spend the next couple of months getting nowhere. Or you can find the nearest Do-It-Yourself Pest Control store and buy the same stuff that the pros use and just use it more frequently. That's what I do and on rare times that I see roaches they are already dead. Self-preservation is nobody's responsibility but your own.
  14. The state or county will take care of her. If she needs medical treatment and can't pay she'll end up in the emergency room at a county run hospital where the indigent are taken care of. Then she'll end up in a state or county nursing home where she'll die. It will go to the state. It's rather obvious that, if your names are on it, you will be contacted. Being named gives you the option of responding, not the obligation. You are free to tell whoever contacts you to pound sand.
  15. No. And he's lucky he didn't get arrested for attacking his supervisor. That was absolutely the 100% wrong thing to do. And he can still get arrested for it so I suggest he just put his head down, slink away, and hope no criminal charges come from it.
  16. Sorry, but as long as he didn't put a gun to your head, he didn't do anything illegal. If you had stood up to him and refused, you would have been fired, been able to collect unemployment, and if he told lies about you, possibly sued him for defamation. Best you can do now is file for unemployment and start looking for another job. If you can prove he threatened you, you might be eligible based on "constructive termination." Unfortunately, it will be your word against his so there's no way to predict how it turns out. A life lesson for the future. Never, ever succumb to an employer's threats.
  17. Unless your mother's estate was incredibly large or incredibly complicated, then 5 years to wrap it up is way, way too long. And, no, requesting an accounting is not only NOT unreasonable, an annual accounting is required by law. See RCW 11.106.020 at: http://apps.leg.wa.gov/RCW/default.aspx?cite=11.106 As for the 3 year statute having expired, I'm not so sure of that. See RCW 11.96A.070 at: http://apps.leg.wa.gov/RCW/default.aspx?cite=11.96A.070 Seems to me that the statute of limitations runs from the time you get a report that falls short of the description in the statute. There are many other provisions of the WA trust statutes that you might be interested in studying up on. Start with RCW 11.98 at: http://apps.leg.wa.gov/RCW/default.aspx?cite=11 I guess since you've waited this long you might as well wait until the end of December to see how that distribution goes and then decide if it's worth hiring your own trust attorney.
  18. You've got several issues. Let's start with dealing with your own insurance company. You're insurance company is contractually obligated to pay to repair your car back to it's pre-accident condition. If they don't, it's breach of contract. Unfortunately, you don't just get to run out and file a lawsuit against your insurance company. Look toward the end of your policy under General Conditions or General Provisions and you will find that your contract obliges you to avail yourself of all of the terms of the policy before you take any legal action against your insurance company. If you don't agree with what the insurance company is doing about your repairs your first step is to invoke the Appraisal provision of the policy which is located toward the end of the section on physical damage to your vehicle. Read that and it will tell you what you need to do. You can also file a complaint with your insurance department. No guarantees there. Another thing you are likely to find in that section is an exclusion for diminished value. In other words your own insurance company doesn't have to pay for it. In Black v. State Farm Mutual Automobile Ins. Co., 101 S.W.3d 27 (Tenn. App. 2002), the Tennessee Court of Appeals refused to apply diminished of value in Tennessee automobile policies finding the wording unambiguous and limiting the insured to repairs. That was before insurance companies started covering themselves with the exclusion. Next I'll discuss the potential claim against the scooter operator. Under negligence law, when a driver makes a left turn and gets hit by an oncoming vehicle that driver is presumed to be 100% at fault for the accident because failing to yield and getting hit is negligence. That the scooter shouldn't have been in the bike lane may only relieve the driver only partially of negligence but not by much. Look at it this way. What difference would it make whether it was a scooter, a bicyclist, or a pedestrian? Making a left turn and hitting any of those would make the driver at fault. Traffic law and negligence law are two different things. Getting a ticket dismissed doesn't necessarily absolve the driver of negligence. You do, however, have the option of suing the operator of the scooter for your diminished value and see how far you get in court. Most courts have held that auto insurance policies cover third-party claims for diminution of value since the measure of damages in tort claims, which the insurance covers, is the difference in the property's value before the loss (the damage) and after the loss. The plaintiff must provide evidence of the diminished value. Even if you win, you are only likely to win a percentage of the diminished value commensurate with the scooter operator's percentage of negligence as long as your percentage of negligence is less than his percentage of negligence. On May 4, 1992, the Tennessee Supreme Court decided McIntyre v. Balentine in which the court adopted a system of modified comparative fault. The court said: "[w]e therefore hold that so long as a plaintiff's negligence remains less than a defendant's negligence the plaintiff may recover; in such a case, plaintiff's damages are to be reduced in proportion to the percentage of the total negligence attributable to the plaintiff."
  19. I certainly hope that you've given the police and the bank the identity of the person you gave the ATM and PIN to. And make sure you are willing to assist in prosecuting that person even if that person is a girlfriend, boyfriend, friend or relative. It's likely that you won't be charged with a crime. I don't see the bank "working" with you on this, but you never know. If the bank wants to hold your feet to the fire for the money you might want to consider bankruptcy. Otherwise I don't have any suggestions.
  20. Depends on who the trustee is, what has to be done to comply with the terms of the trust, how simple or complex the estate is, and a lot of other factors about what's already been done or being done or what still has to be done. I'll say one thing, though, 5 months is not a long time to wrap up an estate and there's really no way of putting a time limit on anything or comparing one trust situation to another. Any chance you can tell us why you are asking the question? What are you concerned about?
  21. If you aren't out on the 10th, the LL will have to file for a writ of possession which will order the sheriff to put you out on the street. I have no idea how long that takes with your court but, trust me, you do not want to be there to have that happen because the sheriff isn't going to wait all day while you pack. He'll give you about 15 minutes to get your toothbrush and underwear and then arrest you if you aren't gone. You've got the rest of the weekend and Monday to find a motel and a place to move your household stuff temporarily. I've had tenants move a whole houseful of furniture and belongings out overnight. You can do it, too.
  22. That was was when wife made first mistake and everything went downhill from there. I can only conclude that she didn't properly get her papers from the probate court appointing her as administrator of the estate. Those papers, when presented to bank, would give the bank the obligation to discuss the loan with her. Second mistake. There is no such thing as "attaching a death certificate to a deed." I don't know why you think that's necessary or even possible. With "right of survivorship" the house automatically belonged to the wife at the moment of husband's death and shouldn't have even been mentioned to the probate court. Wife was not the borrower. Bank had no obligation to her. And I'll bet the bank has a record of sending the notices. I realize that wife was going through bad times with death of her husband. But, still, self-preservation dictates that she should have known that payments were in default and there would be dire consequence for not addressing it. No surprise there. The wife would not be responsible for paying the loan. But the house was security for the loan and the bank had a right to take it back if the loan didn't get paid. In other words you don't get to keep what you don't pay for. Another mistake. And a very foolish one. What difference does it make where the money came from? The police have nothing to do with it. Nobody committed a crime against her. Good luck suing the probate court. Then you need to google probate attorneys, or use the local yellow pages, and start making phone calls. I seriously doubt that any lawyers are going to read this and jump up and volunteer.
  23. The first thing that comes to my mind is why aren't you asking your lawyer that question? It's difficult to prove a negative like that. Did you know you were behind in your payments? Did you know that the bank has a right to foreclose if you are behind in your payments? Did you receive late notices when you were behind in your payments? Were you living in the house at the time you had it up for sale? If you had moved out of the house did you change your address with the bank and did you follow up to make sure they had the account changed to the correct address? Has your lawyer filed a lawsuit? Once he files a lawsuit he can get the bank's records of notices during discovery. But until a lawsuit is filed the bank doesn't have to give you the time of day.
  24. No damage insurance on your van? Lawyer was likely assigned by his homeowners' insurance company and moved to the higher court if lawyers weren't permitted in small claims court. You saw it was rotten AFTER it fell? That could be a problem. Did it show any sign that it was rotten before it fell? If it didn't then the owner wouldn't have known it was rotted and therefore wouldn't be negligent. Without negligence, you might not win.
  25. Read section 521 and 522 of the Serviceman's Relief Act at the link previously provided. It does appear that the serviceman can get a stay of proceedings. Whether that also applies to the brother, I don't know. Based on what I read in the statute, it's possible that the court might not grant the stay since the brother is available to appear and answer to the allegations. Trouble is, once the serviceman requests it, you are likely going to have to properly respond to the request and provide the court with grounds for denial of the stay. Has the serviceman filed a request for the stay? And when you filed your lawsuit did you complete the affidavit that says whether or not (to your knowledge) the defendant was in the service?
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