Legal Advice - Update to "Crashed my bike and broke my arm due to a dog that wasn't on a leash" |
- Update to "Crashed my bike and broke my arm due to a dog that wasn't on a leash"
- I had an abortion without telling parents when I was 16. They know now and are threatening legal action and police. Do I need to be concerned?
- Insurance company wants to do an examination under oath. Should I hire an attorney?
- [Dallas, TX] My husband is divorcing me after 8 years. I've been a stay-at-home dad of our daughter for our entire marriage. I have no money/income. He wants to take her, not pay me anything, and make me homeless. What do I do?
- Buck of a lifetime
- Two electricians just informed me all of the common/external lighting of my apartment complex is wired through my meter. What do I do??
- Is there something I can do about my (24f) nudist roommate (28m?)?
- IA Derecho - neighbor's trees were not over my property before the storm, but they cut them down so that they fell on my property and are now saying it is my problem.
- Someone else's landlord won't stop calling me
- My landlord is trying to charge me for damages that were present when I moved in even though I have pictures. They state that because I signed an as-is agreement for the unit I am financially liable.
- My (29F) daughter (5F) accused my soon-to-be ex husband (34M) of molestation but has not confided in CPS or their resources [VA]
- AAA lost my car (CA)
- Conditions were waived, but the buyer died on the weekend. Now what?
- [US-CA?] One of my stream viewers seems like an active victim of child abuse. Best way to approach this?
- My wife's ex didn't pick his kid up from the baby sitter, what do we do?
- I want to see justice for my sexual assault
- Neighbor has a drainage pipe running under my property. Just hit and broke it while digging a foundation.
- [FL] Homeowners Insurance Company Denying Claim For Bio-Hazard Clean Up of Unattended Body, Siting "Dead Bodies Are Pollutants and Not Covered". Any Advice?
- Drunk neighbor hit our cars parked in our driveway. One was totaled, one had significant damage. We are on the hook for thousands despite having full coverage.
- My addict brother [M30s] sold my mother's shed without her permission (Illinois)
- [TX] Can you use the term "After School Special" in a book title, or is it trademarked?
- [South Dakota] Would this count as (gross) negligence for potential spread of COVID-19
- Florida - Mother trying to claim I stole something that was never hers and is trying to take me to court
| Update to "Crashed my bike and broke my arm due to a dog that wasn't on a leash" Posted: 18 Aug 2020 07:00 AM PDT https://www.reddit.com/r/legaladvice/comments/f9wjid/crashed_my_bike_and_broke_my_arm_due_to_a_dog/ This is probably not the most interesting update you'll come across, but I know this forum likes updates so I may as well. Long story short, I was contacted by the husband of the woman whose dog caused my crash. He wanted to keep this out of court for reasons related to issues that his wife was going through. It's not my place to elaborate on it but it's something that I understand very well due to a member of my family dealing with something similar. Anyway, he offered to cover my medical expenses/pay for a new bike, I agreed to go this route, and to say that he's been fair with me wouldn't do justice to the situation. My arm is still a little uncooperative at times, but the doctors I've seen are actually thrilled with how fast/thoroughly I've healed. I'm also still dating the cute good samaritan, which has been an interesting experience since we started seeing each other shortly before COVID took over the world (I'm actually a few towns over from the initial "containment zone" in the NYC suburbs) but it's going well and we have an interesting "how we met" story to tell haha. So yeah, all things this has had a happy, nondramatic ending. Thanks again to everyone who offered advice in my original post. [link] [comments] |
| Posted: 18 Aug 2020 08:00 AM PDT I'm 19 now and live in New York. I lived in Texas when I was 16. I (by myself) went to New Mexico to get an abortion (no parental consent or notification) and didn't inform my parents. I lied and said I was at a friend's house. So they now know what happened and have informed me that they're taking this to the police because I'm a runaway child and they want damages for their emotional distress. Do I need to worry about anything here? [link] [comments] |
| Insurance company wants to do an examination under oath. Should I hire an attorney? Posted: 18 Aug 2020 05:06 PM PDT I posted in r/insurance two weeks ago and received some sound advice. Anyways, my insurance company assigned an investigator to my claim and she has been drilling me with questions and now wants to do an examination under oath. I'm confused on what is going on. I feel like I'm personally being investigated and all I want is my car repaired to the point where I can drive it again. Now I need some legal help as this has escalated. Should I hire an attorney, what direction do I go or should I even be concerned? What are my legal rights here? Any and all advice is welcomed. I've copy/pasted the story below. Stolen car advice 2017 Ford Focus In June 2020 my car was stolen on a business trip to a city 3 hours away. Car was recovered 9 days later by police. The car was stolen from me, sold to one person, stolen from that person, then used as a meth lab for a day or two. When I went to see the car it was full of clothes and trash and cigarettes and reeked of ashes and a very strong chemical smell. I later found out that was meth. There were burns in the seats and liquid stains on my black seats. My insurance company paid for repair to the bumpers which was minor and paid for the interior to be detailed and an ozone machine to run for two weeks to eliminate the stench inside. This last weekend 7/31-8/1, had to fly to this city to pick up my car because insurance wouldn't ship it to me. I go to pick up the car and it still has a lingering chemical and cigarette smell. The appraiser never came and looked at the car or inspected it once the repair was "completed". I choose to drive it home so it can finish getting repaired, I also didn't have a way home from where I was. On the way home I'm light headed and nauseous and have to stop every hour or so to get out and catch my breath. The car drives like the alignment is off, it shudders, and doesn't drive like it did before it was stolen. Once home I inspect the car and find white pills under the back seat, a crack pipe in the trunk, and a pistol by the spare tire. There's a strong smell of chemical after it sits in the sun. This car stinks like meth I find out. I'm having a K-9 unit come out and sniff around to locate any other drug or firearm related things in it. I was told by the local sheriff that drug dogs will bark on it from now until forever if meth was smoked or made in it. I called my adjuster and the adjuster just asks what I did with the drugs. They refuse to take any responsibility for repairing my car any more. I work for a large oil and gas company and my vehicle is subject to random searches with drug and firearm dogs. I can't drive it to work or really anywhere for that matter. The car is worthless to me. I've researched meth use in cars and it's advised to completely replace the interior and dash and air conditioning components as the smell never goes away. Your car is essentially totaled. What can I do to convince my adjuster that my car is trashed beyond repair? It's worthless to me and I can't even trade it in for another car because it's worth nothing. Car is a 2017 with 32000 miles. It had 30000 when it was stolen so someone put ~2000 miles on it in 9 days. I'm in Texas. Follow up: took the car to local sheriffs office and had a K-9 unit sniff around. Dog gave a positive alert and deputy did a search. No drugs were found but the smell is still strong in the car. [link] [comments] |
| Posted: 18 Aug 2020 12:21 PM PDT Hello, as if 2020 can't get any worse my relationship with my husband has finally deteriorated to this. Apologies for a poor intro I just don't know where to begin. I've been a stay-at-home dad caring for our daughter the entire length of our marriage while he was the provider. At present we are in separate cities/states. He has a lawyer, I don't. He wants to draw up a formal agreement for his lawyer to submit that would specify our agreement w/r/t money, custody, etc. I don't know his exact terms yet but he's told me refuses to pay spousal or child support, that I need to start paying all the bills around here or he will take everything and leave me to fend for myself. I'm terrified. I feel like my back is against the wall. I have no family to fall back on or support system that could help me afford a lawyer or a place to live. Should I try to negotiate with him on this formal agreement? Should I sign something I feel doesn't satisfy my requirements? [link] [comments] |
| Posted: 18 Aug 2020 05:27 AM PDT Last fall my buddy shot the deer of a lifetime that scored over 200 inches and a few weeks ago the taxidermy shop that he had the deer at caught on fire and he lost the entire rack and hide. The owner of the shop is telling him that the insurance company is not going to cover any of the deer heads that were lost in the fire, so my buddy is only getting his initial $200 deposit back. He found someone that can make a replica of the deer but that will cost him $8000-$10,000. According to the state, a deer is valued at $1,000 plus $750 for every antler point (this deer had 21 points), so according to the state this deer is worth $15,250 if someone were to take the deer illegally. Any advice? [link] [comments] |
| Posted: 18 Aug 2020 12:23 PM PDT I am a tenant in Albuquerque, New Mexico. The apartment management company sent a contracted electrician to take a look at my wiring because my apartment lights had started flickering. The electricians came in asked if my electric bill is high, and I said I didn't know as I moved in about a month ago and have yet to receive a bill. They informed me that the external lights (flood lights over the parking lots) are wired through my apartment's meter and I will be charged for them on my next bill. They also showed me photos of my breaker and tried their best to explain to me that my apartment was totally improperly wired and is a fire risk, and they didn't feel comfortable fixing it without understanding the wiring for the whole building. I have left a voicemail on the management company owner's cell phone, left a text message for the maintenance coordinator, and also submitted a work order. I am waiting for a call back from PNM, my electric company. What are my next steps to getting this fixed? Does this involve withholding rent? How do I go about this legally? Edit: The PNM representative I talked to transferred me to the "energy investigation" hotline and I left a message; their voicemail said I will receive a call back by tomorrow. I also called the management company one last time and got ahold of the receptionist who put me in contact with the maintenance coordinator directly. She seemed receptive and said the electricians just need to give them an estimate for the work needed and had me send her the photo of my breaker I got from the electrician. Still nervous about what it will take to get this fixed and not have to pay for the external lights. Just got in contact with the maintenance coordinator after an hour of making Thank you!! [link] [comments] |
| Is there something I can do about my (24f) nudist roommate (28m?)? Posted: 18 Aug 2020 12:18 AM PDT I moved in to a student housing apartment (~7 weeks ago). Its a two bedroom apartment, and we share the living room, kitchen and bathroom. The lease agreement does not specify that it was female only, but the kijiji ad said it was. I found out that my roommate moved in 2-3 weeks ago, let's call him Mike. As it was, I was upset that I had a male roommate when I thought it was supposed to be girls only. When I talked to the landlord he said that "the kijiji ad was for a different unit, that one was taken". He has offered to break the lease, at the cost of $250 plus 50% of the remaining dues, as specified in the lease. As that would be close to $3000, I simply can't afford it. I would probably be able to push through it, but Mike refuses to wear clothes. He says "It's his house too." I've only seen him wear clothes when he goes out. I contacted the landlord and he said that "If I think Mike's doing something illegal, I should contact the police." Problem is, he hasn't made any kind of sexual advances, he hasn't touched me, he hasn't made any kind of sexual comments or gestures. I feel like he's going out of his way to come out of his room when I'm in the kitchen. I don't really feel safe in my kitchen and I've resorted to ordering food most of the time. Is there something I can do to break my lease or at the lease make my roommate wear proper clothes in the common areas? [link] [comments] |
| Posted: 18 Aug 2020 11:00 AM PDT My city in IA was hit with a "land hurricane" called a derecho and we are dealing with the aftermath. On my neighbor's side of the property line he had 4 large trees that were very tall but not very wide (branches go pretty much straight up) - a couple branches maybe extended a foot or two over the property line, but we're talking about the very tips of branches, mostly leaves. Because of the wind direction during the storm, all of the branches that broke off the tree landed on my neighbor's property rather than my own. However, they lost so many branches that he had the entire trees all cut down. They cut them down aiming them toward MY property instead. The neighbor is saying that they had to cut them down that way or they would fall on his fence. He's also insisting that because they had to be cut down due to storm damage, this is all an "act of god" and now that they have fallen on my property, they are my problem to deal with. But again, the trees did NOT fall in the storm - he had them intentionally cut down after the fact and aimed them over to my side of the property line. What are my rights on this? Can I do anything to compel my neighbor to deal with this himself? If I DO have to pay a company to deal with it, can I sue my neighbor for the cost? [link] [comments] |
| Someone else's landlord won't stop calling me Posted: 18 Aug 2020 03:43 PM PDT I'm located in Massachusetts. The landlord is located in Louisiana. About one and a half years ago, I got a missed call and a voicemail from an unknown number. He addressed the call to [tenant's name] and asked him to put the rent check in the mailbox. I shot a quick text to the number (it has iMessage) telling him that I was not [tenant's name] and he had the wrong number. He read the message (read receipts on) but never responded. Since then, he has called me several times (probably averaging 3 or 4 times) a month for 1.5 years, asking about rent, apartment maintenance, leases, and various other things. I have never lived in the same state as this guy, and he thinks he's calling some other person. I have texted him dozens of times and told him on the phone that he has the wrong number. He has never responded to a text. If I tell him he has the wrong number on the phone, he will immediately hang up on me then call back again within the next 5 minutes, asking for [tenant's name] again. I have blocked his number, but he still fills up my voicemail box and calls me from several other numbers. It appears that he has a cell phone, a home phone, and an office phone. When I blocked him on all of those, he started calling from (what appears to be) the cell phones of family and friends. This guy will not give it a fucking rest and I cannot, no matter how hard I try, convince him he is talking to the wrong person. Is there anything I can do, short of blocking every number and hoping he runs out eventually or getting a new number myself? I have looked into FCC rules a little bit but they seemed to be about robocallers and scammers, so I'm not sure if any apply. I have managed to find out a good deal of information about this guy, and he is indeed a landlord in Louisiana. I have his address--could I get a cease and desist letter sent to him? Can I threaten him with some kind of legal action and hope that stops him? I would prefer to do this cheaply but I am pissed off enough that I will pay for an attorney if that would actually accomplish something. [link] [comments] |
| Posted: 18 Aug 2020 03:59 PM PDT Title describes most of it, but here is some more detail. I had to move to a new unfamiliar city during COVID. As a new graduate, I decided to sublet an apartment from a college student for 2 months while I looked for where I wanted to live. I signed an agreement through the management company saying that I was taking the unit as-is and would not hold them responsible for doing the normal between-tenant cleaning. I took photos upon arrival of damages that were done to the wall. I got a bill for $372 worth of painting even though I have proof that I didn't do it. I sent them the photos and they basically said "too bad, you agreed to an as-is unit." I didn't think that giving up right to cleaning before move in meant that I'd have to take financial responsibility for existing damages. The wording of the addendum doesn't make it seem like I would either. Would this hold up in small claims? Is it even worth it for $372? I live in Pennsylvania. [link] [comments] |
| Posted: 18 Aug 2020 05:53 PM PDT Sorry, this is going to be a bit long and I'm on mobile. Throwaway because my real account has identifying info. A little background: we have been legally separated for a while, but have been on great terms as friends, up until my daughter told me what he did to her. We would all still hang out as a family, despite seeing other people to show our daughter we loved her and still got along just fine. We actually did call and text regularly and spend time with each other's families as platonic friends. My daughter told me about one situation when she was dropped off and acting inappropriate for her age. I called CPS first thing the next morning. I didn't want him to get rid of any evidence he might have so I left him in the dark about the situation. The only time I spoke to him was to make excuses on why he couldn't have her for the weekend. He ended up showing up to my job unannounced and I freaked and went home. He followed me. Luckily, our daughter was busy elsewhere, but I ended up calling nonemergency and spoke to an officer about the situation and he got him to leave. I was under the impression that the case worker had called and I panicked, but she actually made her first call, to me, while I was chatting with the officer. Later on, he sent me a message calling me sick, had his nephew (30) call me to ask what's going on. I ignored him because I knew he would just pass the message on. She told him there was an investigation, but didn't say what it was about. Daughter had a meeting where they're just supposed to talk and, hopefully, say something that would incriminate him, but she didn't say anything of importance. After that meeting, I went to the magistrate and got a 5 day emergency protective order for her, which might've been a waste of time because I do think he will stay away until the investigation is over. She had also had a physical exam that turned up nothing. I have recently put her in therapy. She obviously still misses her dad because she doesn't fully understand the severity of the situation so I feel like it will help since he has lost access to her cold turkey and she wonders why he's not around. I'm also hoping she will eventually confide in her therapist, but her mental health and correcting her new inappropriate behaviors is top priority. Here's the part where I need all of the advice that I can get: There is no custody or child support in place, because we split even time with her, for the most part. But she is considered to be living in my household. I claim her on my taxes, buy all of her clothes, pay her medical bills, buy most of her her food and she goes to school in my district. I know he can not take her from my household without my consent, but whenever the school year starts and they are allowed back in classrooms, there is nothing stopping him from coming by, picking her up and keeping her at his home. Do I file for full or sole custody? What do I do if the case closes due to lack of evidence to make sure I can keep him away from her? Like I said, we are legally separated. What can I do if he refuses to sign the rest of the paperwork? He has signed the divorce papers, I'm just waiting for the paralegal to call me back so I can pay the filing fee, but she said there's more things to sign afterwards. We don't have any shared assets and have physically lived apart since 2018. What do I do if this investigation comes up with nothing? I have wrote down every situation she told me in detail and times where I had to direct her attention elsewhere because her actions were inappropriate. Me and one other family member are a witness to things she has said and done because she's most comfortable around us, but I know that that's most likely not good enough for them. What are other options, since coaching is out of the question. I don't want to do anything that would ruin the case. I'm sure she has a hunch that if she says what he did to the professionals, she won't see him again. Shortly after she would tell me he did something, she would then ask me about death. Every time. She knows my father is dead and she asks if I can still talk to him, despite being dead. She also no longer tells me any new or repeat information and her regressions/nightmares and inappropriate behavior have become less and less since she hasn't been over to his place for almost a month. Is there a way to ask her to open up to the professionals without it being considered coaching? If I outed the situation to his family, would it be considered defamation if nothing comes out of this? I ignore them because they will tell him whatever I say, that and IDC what they think of me so if he has them, he should at least be leaving us alone in the meantime. He posts pictures of her and shares posts about being a father of a daughter and lots of anti pedo posts and even marched at one of those save the children from sex trafficking rallies. It's disgusting. He is really trying to build up his reputation so that it would seem unbelievable. The stress of this situation has really been damaging to my physical and mental health. I've been in her shoes at her age (non family member) and my anxiety is through the roof and is causing me physical pain, I have had my own flashbacks and nightmares. I am desperate for advice so please, please, please help! [link] [comments] |
| Posted: 18 Aug 2020 04:50 PM PDT Hey, really have no idea what my options are here and kinds freaking out. Also sorry for formatting ahead of time, on mobile. So I had a 2006 BMW 325i (may be relevant, idk) that broke down. My buddy had AAA Gold so offered to get my car towed for me to the repair shop on Sunday. The shop was closed so AAA said they would tow the car to their depot and then in the morning (Monday) take it to the shop. I gave them a very specific name of who to drop it of to, we'll call her Jo. I called Jo today since I was super busy with work yesterday and asked if she got the car. She said she hadn't. AAA said they delivered it to a guy who we'll call Joe at reception. According to Jo, there is no Joe at the shop and my car isn't there. AAA doesn't know anything, the shop doesn't know anything. If it helps, my insurance is Geico, but I haven't called them yet. I'm just tryna figure out where my car went and if it was mishandled and what I can do about it. Thanks in advance! TL;DR: AAA may have lost my car. I need my car. What do? [link] [comments] |
| Conditions were waived, but the buyer died on the weekend. Now what? Posted: 18 Aug 2020 06:02 PM PDT Here's a good one. Note: The location is Alberta, Canada. We are in the process of selling our condo, and purchasing a house in another area of town. We sold for approximately $450K and we purchased for $700K. Our purchase financing hinged on the sale of our condo. Conditions were waived on both contracts in July, and the buyer was intended to take possession October 30 (we took possession of house October 1) We had a 20K Deposit down on the house, and the buyer had a $25K deposit on our property. You can imagine our utter shock when the lawyer phoned us yesterday with the news that the buyer passed away on the weekend suddenly. The lawyer also mentioned that the estate (family) intended to not proceed with the sale. The lawyer unfortunately was representing all three parties (us, the buyer, and our sellers) and recused herself from our account. We have managed to retain alternate legal representation in short order, but you can imagine... this is one hell of a mess. Our two saving graces are that our sellers are very generous and are willing to work with us to extend the possession date of the property we intend to purchase as needed to allow us to sell the house, and that somehow we managed to have a smaller deposit than our buyer, despite purchasing a property worth almost 2x as much. It is my understanding that the following things are true:
Assuming the estate follows through with their intention to renege on the purchase contract (even though I think they would be better off just letting the purchase proceed and selling), we will be re-listing and possibly using the deposit to offset a lower price to try to attain a quick sale. Does anyone have any thoughts beyond that? We are incredibly sad for the family of the deceased (I knew him through the community), but we are in a position where we could really get royally screwed by this whole thing and we are feeling very much that we need to take as much action as possible to protect ourselves given the situation. [link] [comments] |
| Posted: 18 Aug 2020 09:05 PM PDT I run a relatively small YouTube/Twitch stream on the regular, and have a Discord server on the side. Most of my viewers and community members are underage, so I feel like this situation was inevitable, but I didn't know how unprepared I would be for it. I'm a little overwhelmed and I hope I can get some advice. One of my viewers (let's call her Hannah) regularly vents in our Discord server about how controlling and abusive her parents are. In detail:
For the most part, we've been doing our best to be supportive, trying to undo her gaslighting by telling her that her pain is valid, that none of their abuse is her fault, and that she deserves better. More pragmatic things I've done:
I want to do more for Hannah, but she's also said she doesn't want to call CPS. Even though I'm certain she's been gaslit into fearing CPS, I also don't want to violate her agency in the matter. I'm also hesitant to ask for details regarding Hannah's location, as that seems like a serious breach of a child's privacy, but I'm genuinely worried for her safety. And while I'm only receiving one side of the story from a party that could be biased, by default I want to believe victims and give them the benefit of the doubt. I'd rather overreact and laugh about it later than underestimate the threat and come to regret it. I guess my general questions are:
Any advice would be wonderful. [link] [comments] |
| My wife's ex didn't pick his kid up from the baby sitter, what do we do? Posted: 18 Aug 2020 09:48 PM PDT My wife has 4 kids her youngest was with her ex, we can call him small man or "SM" for short. My parents bought a home in Ohio last year and we finally got the chance to go visit them, my wife and I live in northern Utah (Logan). we went for a week long trip and set up babysitting for all 4. We offered the youngest to SM per the right of first refusal. If he had decided then not to take his son we would have made arrangements. But he said he would take the child Tuesday night at 7:30 from the babysitter we had. Then bring him back to the babysitter Thursday morning at 7:30. We set up the days and schedule with the sitter and settled on a price. We went to Ohio Monday morning. SM decided he didn't want his kid anymore and text my wife in Ohio that he changed his mind. She responded with, ok, you'll have to talk to the sitter or get your own sitter to watch him. That's all we heard, he didn't respond, he didn't call the sitter or pay for the extra days, and left his kid waiting. With us making arrangements and being so far away and him deciding not to make sure his kid had care is this some form of abandonment? We are still out of town and the sitter is upset but lucky for us not putting the kid out on the street. We don't know if we are going to be charged more for the 2 extra days now and don't really know what to do next. SM likes to send nasty text to my wife all the time threatening BS legal action and trying to scare her with drawn out legal fees we can't afford. So I would really like some form of report or documentation about this so when we do take legal action this isn't forgotten or swept under the rug. IMO he left his kid in the care of someone who didn't agree to care for him and didn't even call or make arrangements. To me that's the same as leaving your kid at daycare and never showing up to get them. [link] [comments] |
| I want to see justice for my sexual assault Posted: 18 Aug 2020 08:30 PM PDT I was sexually assaulted twice at the beginning of my freshman year of college by someone who I thought was a friend (he's ROTC). Since, I fear for my safety on campus as I've been stalked, had my No-Contact order violated, and rumors spread to discredit me. I have been going through the dismal road of reporting but I can't see how I'm going to get justice as it feels like no one is taking me seriously. I first went to the police. My assailant's father, a lieutenant in the army, attempted to use his rank to intimidate the detective (he told me this himself). The detective also told me that he submitted a warrant for an arrest but the court turned it away as they didn't see the case holding up in court. There was nothing I could do about that. The only hard evidence I have is a series of texts about that night where my assailant told me that he was sorry that he "hurt me" and that "it won't happen again". Now, I'm going through my school's process. I thought it would be more hopeful, but in my last interview I was asked questions such as, "What are your sexual preferences?" and "Are you sure he wasn't expecting something?". I tried to say that these questions were irrelevant and resembled victim-blaming, but I was dismissed that I was just "uncomfortable" answering questions of a "sexual nature". I know I'm not going to get justice, but I feel it all slipping and I fear that he'll get away with it to terrorize me or another. He's already been harassing other girls but not blatant enough to use as evidence. I was considering putting him on blast or at least telling my story without saying his name but I worry about the ramifications. I also don't know if there's something that could be done about the school if they decide not to act. Anything that can help but be amazing. I feel stuck and I want to do all I can. Let me know if I can provide more details. tl;dr: I was sexually assaulted twice and I fear that my school won't take action against my assailant. What options do I have if they choose not to? [link] [comments] |
| Posted: 18 Aug 2020 06:55 PM PDT Located in NY. I was drilling holes for a garage in 4 acre field of mine. We hit a pipe and water filled the hole. This pipe is coming from my neighbor's well and draining into a stream at the back of my property. I'm not aware of any easement my neighbor has, although I understand that doesn't mean one doesn't exist. I spoke to him and he seemed pretty oblivious to the severity and cost that this will probably incur, on either him or I. "Oh yeah bud, if you need any signed permission or anything to reroute it, just let me know!" Apparently I can't link a video of it. I'm going to speak to an attorney, but does anyone have any advice or idea how this is going to go? [link] [comments] |
| Posted: 18 Aug 2020 10:46 AM PDT My father passed away almost a month ago. He was unattended for about a week after passing and now the house has been sitting with his decomposition in it for about four weeks total. Needless to say, a bio-hazard remediation team needs to go clean it as I simply lack the ability to decontaminate human remains. I filed a claim with his insurance and they are denying the claim based on the fact that "any bodily secretions, be they solid or liquid, are considered pollutants under new Florida statute law and pollutant coverage is excluded from his policy". I asked them to site the law or a case where this held true for me and they refuse to do so, simply stating we can speak further once I receive the denial letter and hanging up on me. This has been a recurring theme where the adjuster tries to get me off the phone ASAP and not answer questions. I've read through my dad's policy multiple times as well as sent it to my estate attorney (which I understand is not an insurance attorney) and we do not see anywhere it's excluded. The closest we see is under the pollutants section it notes "we do not cover... the costs to test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to, or assess the effects of pollutants... Pollutants mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditions, or otherwise reclaimed". No other mentions of pollutants in the policy. Further, this policy (HO3) notes that "all other perils which are not specifically excluded are covered". The only specifically excluded perils are Floods, Sprinkler Damage, Pollutants, Rental Activities, and Home-Sharing, none of which apply here. It seems they would have expressly excluded bio-hazard, bio-waste, or something of the sort if they truly would not cover it. Human remains cannot be recycled, reconditioned, or otherwise reclaimed unless there is something I am missing here. A lot of people have been saying it's odd, including the contractor who noted he's been working with my father's insurance 15 years and never seen something like this nor had a claim denied. I also found this article that discusses a policy that is basically my dad's exact policy just with slightly different wording. Don't know if that means anything and I understand it was written 7 years ago, but I feel it's still pretty applicable. The contractor I plan to go with quoted us at $7,500 for the bio-hazard remediation and cleaning of the house. The adjuster is saying there is no coverage for any of it. Can anybody advise on next steps? Will a lawyer even be willing to touch this case or is it just too little money for their time? Thanks, all? [link] [comments] |
| Posted: 18 Aug 2020 02:52 PM PDT Our drunk neighbor with his child on his lap steering/driving the car with him, backed out of his driveway and into our driveway in reverse in Upstate, NY. He was arrested, though, the police report that we picked up doesn't have any information on it aside from names and vehicle information. One car (my mother's) was totaled with $9,800 in damage and my car accrued $3,800 in damage. The cash value of my mother's car was only $6,800. New York where this occurred is a no-fault insurance state. We put our claims in to our insurance and OUR policy is paying for the cash value of my mom's car and the damage to my vehicle. The drunk driver and his insurance haven't paid for anything. However, my mother's vehicle was deemed a total loss and they are only giving her $6,300 ($6,800 minus the deductible). But because she is still making payments on it, she still owes $8,700 to the bank due to it depreciating and having a high-interest loan. So, now, she is liable to pay the remaining bank lien on the car for $2,400 on top of the deductible for a car she no longer has and she cannot afford to get another car. Our insurance is being completely unhelpful in advising us on what we can do. We have contacted several attorneys who all told us we have to recover property damages, but this is not their area of practice, and we haven't been able to locate an attorney that does cover this area of law. On top of my mother's fees and loss, my vehicle has now lost value due to being involved in an accident that I had no part in and wasn't on the road. Between our deductibles, value loss to the vehicles, the remaining loan for my mother's car being upside down, and my mother no longer having a vehicle to drive, we are out thousands of dollars and extremely inconvenienced. We are shocked by all of this, to say the least. We thought that having full coverage (comprehensive) on both vehicles protected us and we wouldn't endure such injustice due to something that was no fault of our own. We also have to continue paying for my mother's car insurance policy until we give back the rental car that they are paying for. And we had to give a $200 deposit upfront for the rental car. Between two deductibles and the deposit for the rental, we are already up to at least $1,100 for something we had no part in. The drunk driver has not paid anything to us, nor their insurance. We have only been paid (or will be paid) through our own insurance policy that we pay for. Do we have any legal recourse to hold the drunk driver financially liable for our excess losses? Is there any way to recover these damages? Any advice is much appreciated! [link] [comments] |
| My addict brother [M30s] sold my mother's shed without her permission (Illinois) Posted: 18 Aug 2020 08:48 PM PDT Throw away for obvious reasons. tl;dr: My drug addicted brother sold my mom's shed to one of his drug addicted friends. His friend went on her property without her permission in the middle of the night and took it. He is refusing to give it back without her paying. Is this a civil case? If not, what would pressing criminal charges look like? He has had it for over a month. It has been reported stolen and we have messages proving my brother sold it. **** My brother sold the shed to one of his friends. It does not belong to my brother and it was on my mother's property (neither live there, but it is 100% in her name and has plans to move back, but anyway). His friend [M30s] went and picked it up without my mother knowing in the middle of the night and drove it to his place (about 1.5-2 miles away) and set it up in his backyard. We went over to discuss getting a quote from a bush hogging company and we noticed it was gone. My mother reported it stolen to the police and a few hours later I found it. She messaged him letting him know that it was stolen property and she would like it returned. He invited her over there to talk it over and she wanted me to go with. He immediately became hostile, saying that she would have to pay him $500 (to compensate him for the cost of moving it, floor repair, and a window he installed). She thought this was ridiculous and things got heated. So far, Is he in possession of stolen property? He said he talked to a cop and the cop said it would only be a civil case and that we would have to take him to court. My brother is not holding himself accountable at all. Sorry for typos, thanks in advance, etc etc. [link] [comments] |
| [TX] Can you use the term "After School Special" in a book title, or is it trademarked? Posted: 18 Aug 2020 10:11 PM PDT |
| [South Dakota] Would this count as (gross) negligence for potential spread of COVID-19 Posted: 18 Aug 2020 10:04 PM PDT Now to start off, I do not plan to take any legal action whatsoever; rather I am just curious and would like to learn from this situation. So this last Saturday I moved into the dormitories for university. My roommate let me know he would not be there for a while as he had tested positive for COVID. I did not receive any word from the school about this, nor when he would be back. Now earlier today, he showed up and I had just assumed he had the clearance to be there. Lo and behold, he did not and he was forced to leave and I was forced to self-quarantine and switch to online classes for the time being. I am pretty sure he did not check in with the school at all. I had received no information from the school until I had received the call to self quarantine. The kicker is, my roommate works to help with contact tracing, so I am leaning towards the belief that he knew better. My question is, would this count as (gross) negligence? [link] [comments] |
| Posted: 18 Aug 2020 08:58 AM PDT I (25F) live in Florida and this morning I was served with court papers for a civil hearing with a judge via zoom call. Long story short, my mother is claiming I stole a violin that I've had in my possession for 10 years. There's no receipt or proof of purchase, and it was given to me in high school and been in my possession since then. It was a gift to me but I also contributed cash to the purchase. Two years ago I moved back in with her while going to school, and brought my violin with me. It's worth a decent amount, maybe $10,000, but it's speculation and was never formally appraised. Two months ago she kicked me out and I took the violin with me. When she realized it was packed up in my car, she called police who arrived and talked to me. I explained it was mine and they believed me, mainly because my mother couldn't keep her story straight, and I was allowed to leave. She is trying to now take me to court over it, I have photos of it in my possession and witnesses of people I've lived with over the years, well before I moved back in with her, as well as awards and years worth of sheet music showing that I've actively pursued music. I'm wondering if this will all be enough evidence to support myself, or what else I should prepare to prove my ownership. Like I said there's no receipt that I'm aware of because of and it was paid for in cash. I was around 15 at the time as well, so I was still a kid and I don't remember the details of the purchase. I just want to be sure I'm prepared for my hearing so that I don't have to go to court and this can be over. [link] [comments] |
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