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axq0tu
|
legaladvice_train
| 0.99 |
A guy drove off with my couch while I was moving in because “If it’s on the street corner it’s public property” Longtime lurker first time poster. I just moved (Nevada) and it was just me and a couple friends unloading, so we left some things on the street next to the moving truck while we did heavier items like desks, shelves, etc. as a team. I came out after bringing in some more boxes (had been gone roughly 15 minutes) to find a guy had loaded my couch into the bed of his truck. I ran up to him, and explained I own the couch. He said since it was on the street corner it’s public property and he’s within his rights to take it. He drove off before I could block his car. I did get his license plate and went to the police to make a report but they asked me if it was in fact on the curb and I said it was, but it was also pretty obviously next to a moving truck, it was wrapped up and surrounded by boxes. (And, I told him it was mine and I was moving.) But the police didn’t say anything that inspired hope. The couch has been in the family three generations now and while it probably isn’t worth more than a few hundred bucks, it is sentimentally priceless. Is there anything else I can do or further ways to escalate this to get my couch back? Thanks all.
|
ehwergu
|
ehwa4ou
| 1,551,851,949 | 1,551,847,222 | 48 | 18 |
I think in this case it’s important to explain the context to the police. Often, when explaining heated situations like this, it’s easy to lead with “this fucker took my couch and then said it was just on the corner so it’s his”. A better way to frame this is “I was moving in, had a bunch of stuff outside the truck, and this random dude just came up and stole a piece of furniture, told me to fuck off and drove away”. In this case, the easiest solution here is for you to get the police to retrieve this property for you. Your next alternative will be to file a lawsuit. These are pretty much your only two legal options.
|
Now is the time to meet your new neighbors. You need to go around and find any and all video footage of the incident to demonstrate that the property was clearly not abandoned. You should move quickly because some systems are on short loops and could be overwritten soon. Hopefully the cops will actually do their friggin job but if not... since this sofa has sentimental value, get on Craigslist and visit local flea markets where the stolen goods might be sold. You might have to pay to get your property back but this might actually be the best case scenario. You don't want the A-hole burning or pissing on your heirloom out of spite if you try to recover it. Once you get it back, or abandon hope of getting it back, then you could file for the cost of the sofa in small claims court.
| 1 | 4,727 | 2.666667 |
axq0tu
|
legaladvice_train
| 0.99 |
A guy drove off with my couch while I was moving in because “If it’s on the street corner it’s public property” Longtime lurker first time poster. I just moved (Nevada) and it was just me and a couple friends unloading, so we left some things on the street next to the moving truck while we did heavier items like desks, shelves, etc. as a team. I came out after bringing in some more boxes (had been gone roughly 15 minutes) to find a guy had loaded my couch into the bed of his truck. I ran up to him, and explained I own the couch. He said since it was on the street corner it’s public property and he’s within his rights to take it. He drove off before I could block his car. I did get his license plate and went to the police to make a report but they asked me if it was in fact on the curb and I said it was, but it was also pretty obviously next to a moving truck, it was wrapped up and surrounded by boxes. (And, I told him it was mine and I was moving.) But the police didn’t say anything that inspired hope. The couch has been in the family three generations now and while it probably isn’t worth more than a few hundred bucks, it is sentimentally priceless. Is there anything else I can do or further ways to escalate this to get my couch back? Thanks all.
|
ehvxe9o
|
ehwergu
| 1,551,837,049 | 1,551,851,949 | 16 | 48 |
Step one. Explain what happened to your parents and ask them to assist you in getting it back. This might mean borrowing money. If it's that important, get that effing couch through whatever means and then step on the guy who stole it through either civil or criminal pursuits. Honestly, if he's stealing couches, I'd check antique shops and such, but first get that police report filed. Do you have a picture of the couch? You need to be down at the PD and emailing the captain or a few investigators. Can you file an online report and then print out a copy for yourself so at least there's a record? You need something on record so you can walk into an antique store or second hand item location and say "That's my couch!!!" And have something to back it up. You'll be attempting to recover stolen property--if you do find it--and the police should assist when you call and say "I've found my stolen couch and I need your assistance to recover it." Good luck.
|
I think in this case it’s important to explain the context to the police. Often, when explaining heated situations like this, it’s easy to lead with “this fucker took my couch and then said it was just on the corner so it’s his”. A better way to frame this is “I was moving in, had a bunch of stuff outside the truck, and this random dude just came up and stole a piece of furniture, told me to fuck off and drove away”. In this case, the easiest solution here is for you to get the police to retrieve this property for you. Your next alternative will be to file a lawsuit. These are pretty much your only two legal options.
| 0 | 14,900 | 3 |
axq0tu
|
legaladvice_train
| 0.99 |
A guy drove off with my couch while I was moving in because “If it’s on the street corner it’s public property” Longtime lurker first time poster. I just moved (Nevada) and it was just me and a couple friends unloading, so we left some things on the street next to the moving truck while we did heavier items like desks, shelves, etc. as a team. I came out after bringing in some more boxes (had been gone roughly 15 minutes) to find a guy had loaded my couch into the bed of his truck. I ran up to him, and explained I own the couch. He said since it was on the street corner it’s public property and he’s within his rights to take it. He drove off before I could block his car. I did get his license plate and went to the police to make a report but they asked me if it was in fact on the curb and I said it was, but it was also pretty obviously next to a moving truck, it was wrapped up and surrounded by boxes. (And, I told him it was mine and I was moving.) But the police didn’t say anything that inspired hope. The couch has been in the family three generations now and while it probably isn’t worth more than a few hundred bucks, it is sentimentally priceless. Is there anything else I can do or further ways to escalate this to get my couch back? Thanks all.
|
ehw7vai
|
ehwergu
| 1,551,845,217 | 1,551,851,949 | 12 | 48 |
go back to the police station and escalate. If you have the plates they can find the person.
|
I think in this case it’s important to explain the context to the police. Often, when explaining heated situations like this, it’s easy to lead with “this fucker took my couch and then said it was just on the corner so it’s his”. A better way to frame this is “I was moving in, had a bunch of stuff outside the truck, and this random dude just came up and stole a piece of furniture, told me to fuck off and drove away”. In this case, the easiest solution here is for you to get the police to retrieve this property for you. Your next alternative will be to file a lawsuit. These are pretty much your only two legal options.
| 0 | 6,732 | 4 |
axq0tu
|
legaladvice_train
| 0.99 |
A guy drove off with my couch while I was moving in because “If it’s on the street corner it’s public property” Longtime lurker first time poster. I just moved (Nevada) and it was just me and a couple friends unloading, so we left some things on the street next to the moving truck while we did heavier items like desks, shelves, etc. as a team. I came out after bringing in some more boxes (had been gone roughly 15 minutes) to find a guy had loaded my couch into the bed of his truck. I ran up to him, and explained I own the couch. He said since it was on the street corner it’s public property and he’s within his rights to take it. He drove off before I could block his car. I did get his license plate and went to the police to make a report but they asked me if it was in fact on the curb and I said it was, but it was also pretty obviously next to a moving truck, it was wrapped up and surrounded by boxes. (And, I told him it was mine and I was moving.) But the police didn’t say anything that inspired hope. The couch has been in the family three generations now and while it probably isn’t worth more than a few hundred bucks, it is sentimentally priceless. Is there anything else I can do or further ways to escalate this to get my couch back? Thanks all.
|
ehv8s22
|
ehw73pt
| 1,551,819,251 | 1,551,844,581 | 23 | 32 |
File a police report. It’s best you can do atm. If you don’t then, this ahole May keep doing that without repercussion.
|
A lot of good advice in here already, OP. Some quick notes: Small claims can't, in NV, give you back the couch itself, only the money to replace it with the identical (i.e. used) couch. Other folks have mentioned replevin; in Nevada they use the term "Claim and Delivery" to refer to that type of lawsuit. If you submit your request to the DMV to get the owner's name, you can use that name and, if it later turns out someone else was driving the truck, you should have an easy time of amending your lawsuit to get the correct party named. In NV, you should have an easier time getting the couch returned to you prior to trial since one of the bases listed in the statute for expediting your possession is that the person came into possession of your property by theft. If you elect to do so, you will have to complete an affidavit stating the value of the property, that you are its owner, that the other dude stole it, and that it wasn't taken from you to execute upon a judgment or pay an unpaid tax. You will also need to find sureties willing to pay double the value of the property to the defendant in the event he ends up winning. ​ Look at Nevada Revised Statutes 31.840 -31.950 for the whole shebang.
| 0 | 25,330 | 1.391304 |
axq0tu
|
legaladvice_train
| 0.99 |
A guy drove off with my couch while I was moving in because “If it’s on the street corner it’s public property” Longtime lurker first time poster. I just moved (Nevada) and it was just me and a couple friends unloading, so we left some things on the street next to the moving truck while we did heavier items like desks, shelves, etc. as a team. I came out after bringing in some more boxes (had been gone roughly 15 minutes) to find a guy had loaded my couch into the bed of his truck. I ran up to him, and explained I own the couch. He said since it was on the street corner it’s public property and he’s within his rights to take it. He drove off before I could block his car. I did get his license plate and went to the police to make a report but they asked me if it was in fact on the curb and I said it was, but it was also pretty obviously next to a moving truck, it was wrapped up and surrounded by boxes. (And, I told him it was mine and I was moving.) But the police didn’t say anything that inspired hope. The couch has been in the family three generations now and while it probably isn’t worth more than a few hundred bucks, it is sentimentally priceless. Is there anything else I can do or further ways to escalate this to get my couch back? Thanks all.
|
ehvxe9o
|
ehw73pt
| 1,551,837,049 | 1,551,844,581 | 16 | 32 |
Step one. Explain what happened to your parents and ask them to assist you in getting it back. This might mean borrowing money. If it's that important, get that effing couch through whatever means and then step on the guy who stole it through either civil or criminal pursuits. Honestly, if he's stealing couches, I'd check antique shops and such, but first get that police report filed. Do you have a picture of the couch? You need to be down at the PD and emailing the captain or a few investigators. Can you file an online report and then print out a copy for yourself so at least there's a record? You need something on record so you can walk into an antique store or second hand item location and say "That's my couch!!!" And have something to back it up. You'll be attempting to recover stolen property--if you do find it--and the police should assist when you call and say "I've found my stolen couch and I need your assistance to recover it." Good luck.
|
A lot of good advice in here already, OP. Some quick notes: Small claims can't, in NV, give you back the couch itself, only the money to replace it with the identical (i.e. used) couch. Other folks have mentioned replevin; in Nevada they use the term "Claim and Delivery" to refer to that type of lawsuit. If you submit your request to the DMV to get the owner's name, you can use that name and, if it later turns out someone else was driving the truck, you should have an easy time of amending your lawsuit to get the correct party named. In NV, you should have an easier time getting the couch returned to you prior to trial since one of the bases listed in the statute for expediting your possession is that the person came into possession of your property by theft. If you elect to do so, you will have to complete an affidavit stating the value of the property, that you are its owner, that the other dude stole it, and that it wasn't taken from you to execute upon a judgment or pay an unpaid tax. You will also need to find sureties willing to pay double the value of the property to the defendant in the event he ends up winning. ​ Look at Nevada Revised Statutes 31.840 -31.950 for the whole shebang.
| 0 | 7,532 | 2 |
axq0tu
|
legaladvice_train
| 0.99 |
A guy drove off with my couch while I was moving in because “If it’s on the street corner it’s public property” Longtime lurker first time poster. I just moved (Nevada) and it was just me and a couple friends unloading, so we left some things on the street next to the moving truck while we did heavier items like desks, shelves, etc. as a team. I came out after bringing in some more boxes (had been gone roughly 15 minutes) to find a guy had loaded my couch into the bed of his truck. I ran up to him, and explained I own the couch. He said since it was on the street corner it’s public property and he’s within his rights to take it. He drove off before I could block his car. I did get his license plate and went to the police to make a report but they asked me if it was in fact on the curb and I said it was, but it was also pretty obviously next to a moving truck, it was wrapped up and surrounded by boxes. (And, I told him it was mine and I was moving.) But the police didn’t say anything that inspired hope. The couch has been in the family three generations now and while it probably isn’t worth more than a few hundred bucks, it is sentimentally priceless. Is there anything else I can do or further ways to escalate this to get my couch back? Thanks all.
|
ehvxe9o
|
ehwa4ou
| 1,551,837,049 | 1,551,847,222 | 16 | 18 |
Step one. Explain what happened to your parents and ask them to assist you in getting it back. This might mean borrowing money. If it's that important, get that effing couch through whatever means and then step on the guy who stole it through either civil or criminal pursuits. Honestly, if he's stealing couches, I'd check antique shops and such, but first get that police report filed. Do you have a picture of the couch? You need to be down at the PD and emailing the captain or a few investigators. Can you file an online report and then print out a copy for yourself so at least there's a record? You need something on record so you can walk into an antique store or second hand item location and say "That's my couch!!!" And have something to back it up. You'll be attempting to recover stolen property--if you do find it--and the police should assist when you call and say "I've found my stolen couch and I need your assistance to recover it." Good luck.
|
Now is the time to meet your new neighbors. You need to go around and find any and all video footage of the incident to demonstrate that the property was clearly not abandoned. You should move quickly because some systems are on short loops and could be overwritten soon. Hopefully the cops will actually do their friggin job but if not... since this sofa has sentimental value, get on Craigslist and visit local flea markets where the stolen goods might be sold. You might have to pay to get your property back but this might actually be the best case scenario. You don't want the A-hole burning or pissing on your heirloom out of spite if you try to recover it. Once you get it back, or abandon hope of getting it back, then you could file for the cost of the sofa in small claims court.
| 0 | 10,173 | 1.125 |
axq0tu
|
legaladvice_train
| 0.99 |
A guy drove off with my couch while I was moving in because “If it’s on the street corner it’s public property” Longtime lurker first time poster. I just moved (Nevada) and it was just me and a couple friends unloading, so we left some things on the street next to the moving truck while we did heavier items like desks, shelves, etc. as a team. I came out after bringing in some more boxes (had been gone roughly 15 minutes) to find a guy had loaded my couch into the bed of his truck. I ran up to him, and explained I own the couch. He said since it was on the street corner it’s public property and he’s within his rights to take it. He drove off before I could block his car. I did get his license plate and went to the police to make a report but they asked me if it was in fact on the curb and I said it was, but it was also pretty obviously next to a moving truck, it was wrapped up and surrounded by boxes. (And, I told him it was mine and I was moving.) But the police didn’t say anything that inspired hope. The couch has been in the family three generations now and while it probably isn’t worth more than a few hundred bucks, it is sentimentally priceless. Is there anything else I can do or further ways to escalate this to get my couch back? Thanks all.
|
ehwa4ou
|
ehw7vai
| 1,551,847,222 | 1,551,845,217 | 18 | 12 |
Now is the time to meet your new neighbors. You need to go around and find any and all video footage of the incident to demonstrate that the property was clearly not abandoned. You should move quickly because some systems are on short loops and could be overwritten soon. Hopefully the cops will actually do their friggin job but if not... since this sofa has sentimental value, get on Craigslist and visit local flea markets where the stolen goods might be sold. You might have to pay to get your property back but this might actually be the best case scenario. You don't want the A-hole burning or pissing on your heirloom out of spite if you try to recover it. Once you get it back, or abandon hope of getting it back, then you could file for the cost of the sofa in small claims court.
|
go back to the police station and escalate. If you have the plates they can find the person.
| 1 | 2,005 | 1.5 |
q3hlve
|
legaladvice_train
| 0.93 |
My dad drove my car with an expired registration without my knowledge and was pulled over twice, then plead guilty for me without my consent. Can I fight this to get it taken off of my record?
|
hfrsfiy
|
hfrxmmp
| 1,633,638,058 | 1,633,640,244 | 4 | 38 |
Are you 18years or older? Is the car registered to you? Is he your POA?
|
Presumably the tickets were issued to your father, not you, since he was the one driving. Were they? Was your father cited at all? Where'd this take place (state, if USA)?
| 0 | 2,186 | 9.5 |
q3hlve
|
legaladvice_train
| 0.93 |
My dad drove my car with an expired registration without my knowledge and was pulled over twice, then plead guilty for me without my consent. Can I fight this to get it taken off of my record?
|
hfvpwb1
|
hfrsfiy
| 1,633,715,817 | 1,633,638,058 | 5 | 4 |
You need to get a driver's abstract through your DMV. It's pretty much your official driving record. If nothing showed up don't worry about it. If something did show up, you're going to need to contest it. I don't know PA law, but as others have pointed out, that's not generally how it works in most states as you have describe the facts. It could be your understanding is wrong, could be your dad's understanding of it was wrong, it could have been the cop filled out the wrong ticket, driving ticket versus parking (civil citation) ticket, maybe something in the court got filed wrong. Good luck.
|
Are you 18years or older? Is the car registered to you? Is he your POA?
| 1 | 77,759 | 1.25 |
8n1vii
|
legaladvice_train
| 0.85 |
[Michigan] (Ex) Boyfriend drove drunk with his friends in my car, ran into a telephone pole, and totaled the car while I was out of the state. Posting this for a friend with her permission because she doesn’t have a Reddit. I went to New Jersey and left my now ex-boyfriend with my car to get my windshield fixed because he had thrown his phone at the windshield and broke it. While I was gone, he drove to his friend’s house and picked him up to go to the bar (without my permission). On the way there they crashed into a telephone pole. His friends kicked out the front windshield and ran away, he was left in the car. The police came and he blew 0.22 in a breathalyzer, so he was arrested that night. My car was towed to the local Police Station, completely totaled, and all of my pottery inside it was shattered (at least $100 dollars worth). While at the station, my car racked up impound fees. I mailed a letter to my dad giving him ownership of my car (expedited shipping for letter was $45), and good ole dad negotiated that the station could keep the car and we only had to pay $500 in impound fees. Meanwhile, DTE comes after me for $10K for the electric pole my ex crashed into. My insurance takes care of DTE, but is now too expensive for me to afford another car. So the total damages is $4500(what I payed for car) + $100(pottery) + $45(letter) + $500(impound fees) + escalating insurance = $5145+ Ex boyfriend refuses to pay anything in damages. What options do I have to get him to help with the costs? Tl;Dr: Now ex-boyfriend used my car while I was out of state to pick up his friend and go to a bar (without permission), drove drunk, crashed into a telephone pole, his friend kicked out my windshield, the car is totaled, and it all ended up costing of 15k in damages, none of which the ex will help with.
|
dzs4j11
|
dzs4j75
| 1,527,622,386 | 1,527,622,390 | 14 | 87 |
I'd get a lawyer and look at suing your ex for the costs.
|
You can sue him in small claims court up to the limit, which appears to be $5,000 in Michigan. If your damages are more than that, you can optionally retain a lawyer and sue him in civil court. You may also be able to ask the prosecution if your damages can be included in any upcoming criminal case against him stemming from this incident, if applicable.
| 0 | 4 | 6.214286 |
8n1vii
|
legaladvice_train
| 0.85 |
[Michigan] (Ex) Boyfriend drove drunk with his friends in my car, ran into a telephone pole, and totaled the car while I was out of the state. Posting this for a friend with her permission because she doesn’t have a Reddit. I went to New Jersey and left my now ex-boyfriend with my car to get my windshield fixed because he had thrown his phone at the windshield and broke it. While I was gone, he drove to his friend’s house and picked him up to go to the bar (without my permission). On the way there they crashed into a telephone pole. His friends kicked out the front windshield and ran away, he was left in the car. The police came and he blew 0.22 in a breathalyzer, so he was arrested that night. My car was towed to the local Police Station, completely totaled, and all of my pottery inside it was shattered (at least $100 dollars worth). While at the station, my car racked up impound fees. I mailed a letter to my dad giving him ownership of my car (expedited shipping for letter was $45), and good ole dad negotiated that the station could keep the car and we only had to pay $500 in impound fees. Meanwhile, DTE comes after me for $10K for the electric pole my ex crashed into. My insurance takes care of DTE, but is now too expensive for me to afford another car. So the total damages is $4500(what I payed for car) + $100(pottery) + $45(letter) + $500(impound fees) + escalating insurance = $5145+ Ex boyfriend refuses to pay anything in damages. What options do I have to get him to help with the costs? Tl;Dr: Now ex-boyfriend used my car while I was out of state to pick up his friend and go to a bar (without permission), drove drunk, crashed into a telephone pole, his friend kicked out my windshield, the car is totaled, and it all ended up costing of 15k in damages, none of which the ex will help with.
|
dzsjyiu
|
dzs4j11
| 1,527,636,743 | 1,527,622,386 | 15 | 14 |
The limit for small claims is 5,000, and your estimated costs are 5145. However you used purchase price for the car when you actually want to use actual value. Have you had the car long? It may have depreciated. Did you pay full price? It may be worth more than you paid. Many people are suggesting that it isn't worth suing if your ex has no money. In fact judgements last a long time, and can be renewed. Get your judgement, and if your ex ever gets any money you can collect.
|
I'd get a lawyer and look at suing your ex for the costs.
| 1 | 14,357 | 1.071429 |
8n1vii
|
legaladvice_train
| 0.85 |
[Michigan] (Ex) Boyfriend drove drunk with his friends in my car, ran into a telephone pole, and totaled the car while I was out of the state. Posting this for a friend with her permission because she doesn’t have a Reddit. I went to New Jersey and left my now ex-boyfriend with my car to get my windshield fixed because he had thrown his phone at the windshield and broke it. While I was gone, he drove to his friend’s house and picked him up to go to the bar (without my permission). On the way there they crashed into a telephone pole. His friends kicked out the front windshield and ran away, he was left in the car. The police came and he blew 0.22 in a breathalyzer, so he was arrested that night. My car was towed to the local Police Station, completely totaled, and all of my pottery inside it was shattered (at least $100 dollars worth). While at the station, my car racked up impound fees. I mailed a letter to my dad giving him ownership of my car (expedited shipping for letter was $45), and good ole dad negotiated that the station could keep the car and we only had to pay $500 in impound fees. Meanwhile, DTE comes after me for $10K for the electric pole my ex crashed into. My insurance takes care of DTE, but is now too expensive for me to afford another car. So the total damages is $4500(what I payed for car) + $100(pottery) + $45(letter) + $500(impound fees) + escalating insurance = $5145+ Ex boyfriend refuses to pay anything in damages. What options do I have to get him to help with the costs? Tl;Dr: Now ex-boyfriend used my car while I was out of state to pick up his friend and go to a bar (without permission), drove drunk, crashed into a telephone pole, his friend kicked out my windshield, the car is totaled, and it all ended up costing of 15k in damages, none of which the ex will help with.
|
dzsjyiu
|
dzsa5ax
| 1,527,636,743 | 1,527,627,248 | 15 | 3 |
The limit for small claims is 5,000, and your estimated costs are 5145. However you used purchase price for the car when you actually want to use actual value. Have you had the car long? It may have depreciated. Did you pay full price? It may be worth more than you paid. Many people are suggesting that it isn't worth suing if your ex has no money. In fact judgements last a long time, and can be renewed. Get your judgement, and if your ex ever gets any money you can collect.
|
So it's safe to assume you do not have collision on your car? Does your ex have full coverage? .....nevermind. EDIT: I forgot I used to live in Michigan a long time ago and it's a no fault state. There are weird rules about damages in auto accidents I cannot remember. You'd have to sue him if it's allowed. If he has no money, it's kinda pointless.
| 1 | 9,495 | 5 |
yl526n
|
legaladvice_train
| 0.93 |
Should I bother with a lawyer? My car was hit while at a stop sign, filed a claim, other party has same insurance. After weeks of nothing was finally told other party says I hit them and because we have no witnesses and are using same insurance they won’t determine liability. For more detail: I was sitting at a stop sign and I saw their car coming. They turned down the street I was on and turned right into my car. The whole rear drivers side of my car is dented and scratched. While exchanging info they didn’t have their insurance card so they called to have a copy emailed to them. On the phone they told the agent that they were at fault and hit my car, whereupon the agent chastised them for admitting fault and said they should never do it. I filed a claim immediately and heard nothing after. A week later I called the insurance and they said they couldn’t get ahold of the other people for their statement. I called a week later and same. Finally I received a call and was told that the company is not going to pursue any action on either of us because we both have the same insurance—if they had different insurance they’d fight to the death apparently—and there are no witnesses. Additionally the people who hit me are claiming that I hit them because I was going through the stop at the same time they were turning. The only damage to my car is on the rear drivers side. I never looked at their car—stupid I know—so I don’t know what damage they have but it can only be on their front due to how she hit me. I was expecting them to pay for it because everyone I talked to at the insurance company assured me they were liable and that their insurance would cover my deductible and a rental car during repairs. Now that they’re denying liability I would be on the hook for my deductible and I don’t have an option for a rental car during the repairs in my agreement. I’m okay with the deductible and even not getting a rental car if I do the repairs as things stand, but it’s the principle of the matter at this point. And the fact that they admitted, on the phone, to the insurance company that they hit me. Should I get a lawyer for this or just move on?
|
iuwhuyp
|
iuwhtb1
| 1,667,487,988 | 1,667,487,970 | 77 | 2 |
Getting a lawyer for this wouldn't make you whole. Purely property damage cases don't work in favor of getting representation. You're only owed the current value of your vehicle or the value to repair your vehicle and any diminished value claim. That's it. There's no wiggle room. If you pay a lawyer to get that for you, you won't have the full value. You can attempt to do it yourself in small claims court.
|
You are very unlikely to find a lawyer to tske the case for property damage only. There just isn't the money in it for them to recover. If you do convince one it likely will cost you more than you'd gain. And threatening them with a lawyer won't change anything, they here this almost daily.
| 1 | 18 | 38.5 |
yl526n
|
legaladvice_train
| 0.93 |
Should I bother with a lawyer? My car was hit while at a stop sign, filed a claim, other party has same insurance. After weeks of nothing was finally told other party says I hit them and because we have no witnesses and are using same insurance they won’t determine liability. For more detail: I was sitting at a stop sign and I saw their car coming. They turned down the street I was on and turned right into my car. The whole rear drivers side of my car is dented and scratched. While exchanging info they didn’t have their insurance card so they called to have a copy emailed to them. On the phone they told the agent that they were at fault and hit my car, whereupon the agent chastised them for admitting fault and said they should never do it. I filed a claim immediately and heard nothing after. A week later I called the insurance and they said they couldn’t get ahold of the other people for their statement. I called a week later and same. Finally I received a call and was told that the company is not going to pursue any action on either of us because we both have the same insurance—if they had different insurance they’d fight to the death apparently—and there are no witnesses. Additionally the people who hit me are claiming that I hit them because I was going through the stop at the same time they were turning. The only damage to my car is on the rear drivers side. I never looked at their car—stupid I know—so I don’t know what damage they have but it can only be on their front due to how she hit me. I was expecting them to pay for it because everyone I talked to at the insurance company assured me they were liable and that their insurance would cover my deductible and a rental car during repairs. Now that they’re denying liability I would be on the hook for my deductible and I don’t have an option for a rental car during the repairs in my agreement. I’m okay with the deductible and even not getting a rental car if I do the repairs as things stand, but it’s the principle of the matter at this point. And the fact that they admitted, on the phone, to the insurance company that they hit me. Should I get a lawyer for this or just move on?
|
iux2886
|
iuwsq03
| 1,667,495,906 | 1,667,492,274 | 19 | 11 |
I suggest asking about this at /r/insurance for advice from insurance professionals on this. I would particularly like to see their take on: > the agent chastised them for admitting fault and said they should never do it.
|
A lawyer can't really help here and you'd be very hard pressed to even find one who'd take the case. You're the claimant. The burden of proof is on you. Without independent evidence supporting either side in a case of word vs word like this, each side will believe their insureds version and deny the other's claim. This is true even if you have the same company.
| 1 | 3,632 | 1.727273 |
yl526n
|
legaladvice_train
| 0.93 |
Should I bother with a lawyer? My car was hit while at a stop sign, filed a claim, other party has same insurance. After weeks of nothing was finally told other party says I hit them and because we have no witnesses and are using same insurance they won’t determine liability. For more detail: I was sitting at a stop sign and I saw their car coming. They turned down the street I was on and turned right into my car. The whole rear drivers side of my car is dented and scratched. While exchanging info they didn’t have their insurance card so they called to have a copy emailed to them. On the phone they told the agent that they were at fault and hit my car, whereupon the agent chastised them for admitting fault and said they should never do it. I filed a claim immediately and heard nothing after. A week later I called the insurance and they said they couldn’t get ahold of the other people for their statement. I called a week later and same. Finally I received a call and was told that the company is not going to pursue any action on either of us because we both have the same insurance—if they had different insurance they’d fight to the death apparently—and there are no witnesses. Additionally the people who hit me are claiming that I hit them because I was going through the stop at the same time they were turning. The only damage to my car is on the rear drivers side. I never looked at their car—stupid I know—so I don’t know what damage they have but it can only be on their front due to how she hit me. I was expecting them to pay for it because everyone I talked to at the insurance company assured me they were liable and that their insurance would cover my deductible and a rental car during repairs. Now that they’re denying liability I would be on the hook for my deductible and I don’t have an option for a rental car during the repairs in my agreement. I’m okay with the deductible and even not getting a rental car if I do the repairs as things stand, but it’s the principle of the matter at this point. And the fact that they admitted, on the phone, to the insurance company that they hit me. Should I get a lawyer for this or just move on?
|
iuwhtb1
|
iux2886
| 1,667,487,970 | 1,667,495,906 | 2 | 19 |
You are very unlikely to find a lawyer to tske the case for property damage only. There just isn't the money in it for them to recover. If you do convince one it likely will cost you more than you'd gain. And threatening them with a lawyer won't change anything, they here this almost daily.
|
I suggest asking about this at /r/insurance for advice from insurance professionals on this. I would particularly like to see their take on: > the agent chastised them for admitting fault and said they should never do it.
| 0 | 7,936 | 9.5 |
yl526n
|
legaladvice_train
| 0.93 |
Should I bother with a lawyer? My car was hit while at a stop sign, filed a claim, other party has same insurance. After weeks of nothing was finally told other party says I hit them and because we have no witnesses and are using same insurance they won’t determine liability. For more detail: I was sitting at a stop sign and I saw their car coming. They turned down the street I was on and turned right into my car. The whole rear drivers side of my car is dented and scratched. While exchanging info they didn’t have their insurance card so they called to have a copy emailed to them. On the phone they told the agent that they were at fault and hit my car, whereupon the agent chastised them for admitting fault and said they should never do it. I filed a claim immediately and heard nothing after. A week later I called the insurance and they said they couldn’t get ahold of the other people for their statement. I called a week later and same. Finally I received a call and was told that the company is not going to pursue any action on either of us because we both have the same insurance—if they had different insurance they’d fight to the death apparently—and there are no witnesses. Additionally the people who hit me are claiming that I hit them because I was going through the stop at the same time they were turning. The only damage to my car is on the rear drivers side. I never looked at their car—stupid I know—so I don’t know what damage they have but it can only be on their front due to how she hit me. I was expecting them to pay for it because everyone I talked to at the insurance company assured me they were liable and that their insurance would cover my deductible and a rental car during repairs. Now that they’re denying liability I would be on the hook for my deductible and I don’t have an option for a rental car during the repairs in my agreement. I’m okay with the deductible and even not getting a rental car if I do the repairs as things stand, but it’s the principle of the matter at this point. And the fact that they admitted, on the phone, to the insurance company that they hit me. Should I get a lawyer for this or just move on?
|
iuwsq03
|
iuwhtb1
| 1,667,492,274 | 1,667,487,970 | 11 | 2 |
A lawyer can't really help here and you'd be very hard pressed to even find one who'd take the case. You're the claimant. The burden of proof is on you. Without independent evidence supporting either side in a case of word vs word like this, each side will believe their insureds version and deny the other's claim. This is true even if you have the same company.
|
You are very unlikely to find a lawyer to tske the case for property damage only. There just isn't the money in it for them to recover. If you do convince one it likely will cost you more than you'd gain. And threatening them with a lawyer won't change anything, they here this almost daily.
| 1 | 4,304 | 5.5 |
yl526n
|
legaladvice_train
| 0.93 |
Should I bother with a lawyer? My car was hit while at a stop sign, filed a claim, other party has same insurance. After weeks of nothing was finally told other party says I hit them and because we have no witnesses and are using same insurance they won’t determine liability. For more detail: I was sitting at a stop sign and I saw their car coming. They turned down the street I was on and turned right into my car. The whole rear drivers side of my car is dented and scratched. While exchanging info they didn’t have their insurance card so they called to have a copy emailed to them. On the phone they told the agent that they were at fault and hit my car, whereupon the agent chastised them for admitting fault and said they should never do it. I filed a claim immediately and heard nothing after. A week later I called the insurance and they said they couldn’t get ahold of the other people for their statement. I called a week later and same. Finally I received a call and was told that the company is not going to pursue any action on either of us because we both have the same insurance—if they had different insurance they’d fight to the death apparently—and there are no witnesses. Additionally the people who hit me are claiming that I hit them because I was going through the stop at the same time they were turning. The only damage to my car is on the rear drivers side. I never looked at their car—stupid I know—so I don’t know what damage they have but it can only be on their front due to how she hit me. I was expecting them to pay for it because everyone I talked to at the insurance company assured me they were liable and that their insurance would cover my deductible and a rental car during repairs. Now that they’re denying liability I would be on the hook for my deductible and I don’t have an option for a rental car during the repairs in my agreement. I’m okay with the deductible and even not getting a rental car if I do the repairs as things stand, but it’s the principle of the matter at this point. And the fact that they admitted, on the phone, to the insurance company that they hit me. Should I get a lawyer for this or just move on?
|
iuyy86e
|
iuwhtb1
| 1,667,524,617 | 1,667,487,970 | 9 | 2 |
>On the phone they told the agent that they were at fault and hit my car, whereupon the agent chastised them for admitting fault and said they should never do it. Most companies record all calls. I'd get your ducks in a row, check the insurance reddit group for info, do whatever research you need then I'd call up the insurance agency and ask to speak to a supervisor about your issue. Only accept a manager or supervisor then present your case, while mentioning this person admitting fault on the phone to the other agent and you want that call reviewed. Then lay out what your next steps are going to be if not remedied in a satisfactory manor - write formal complaint to the head person at the company, going to small claims court and you'll reach out to the research/investigative arm of your local TV station so they can help create a segment on such business practices of insurance companies (you'll word it better I'm sure). 🙏
|
You are very unlikely to find a lawyer to tske the case for property damage only. There just isn't the money in it for them to recover. If you do convince one it likely will cost you more than you'd gain. And threatening them with a lawyer won't change anything, they here this almost daily.
| 1 | 36,647 | 4.5 |
6cprz5
|
legaladvice_train
| 0.97 |
Lady tries to park in front of me and bumps my car while I am sleeping in my car. She tries to drive off but realizes I took photos of her trying to drive off. She comes back, argues with me, gives me her name/phone number, refused to show me her license/registration, and drove off. This happened in Los Angeles, CA. I was taking a nap during my lunch break in my car. A lady tried to park in front of me and bumps my car, waking me up (it was so hard that it shook me awake). She tries to drive off but realizes I am already taking photos of her trying to drive off (she didn't see me taking a nap). She tries to play it off and tells me that she merely bumped my car. She bumped my license plate, which caused the left side of my paint behind my license plate to crack. She starts talking over me and acting hysterical. I told her to calm down and that we need to just exchange information and take photos and that if nothing bad happened it'll be fine. I explained to her that I never had something like this happen and that I want to take the proper steps. She starts taking photos of my car, touching the scratches, and tells me that "it's not fair" for me to report this. She believes that the damage she made is "old". She gives me her name and her phone number. When I ask for her license and registration, she tells me that she doesn't trust me and drives off. I am sitting here at work (very busy) but this is annoying me like no other. I'm worried she might spin this around and make me look bad. I have never had anyone bump me or got into an accident before. What do I need to do in this situation?
|
dhxm19k
|
dhxkaoa
| 1,495,552,697 | 1,495,550,692 | 8 | 2 |
That's called hit-and-run if she refused to show you license and registration.
|
Make a police report, get them to do their job. Call your insurance before she calls hers. In my experience, it's the first one to make a claim that gets the presumption of correctness, whether that's right or wrong. You don't want to get caught on the other side with someone that's acting so irrational about it like this.
| 1 | 2,005 | 4 |
6cprz5
|
legaladvice_train
| 0.97 |
Lady tries to park in front of me and bumps my car while I am sleeping in my car. She tries to drive off but realizes I took photos of her trying to drive off. She comes back, argues with me, gives me her name/phone number, refused to show me her license/registration, and drove off. This happened in Los Angeles, CA. I was taking a nap during my lunch break in my car. A lady tried to park in front of me and bumps my car, waking me up (it was so hard that it shook me awake). She tries to drive off but realizes I am already taking photos of her trying to drive off (she didn't see me taking a nap). She tries to play it off and tells me that she merely bumped my car. She bumped my license plate, which caused the left side of my paint behind my license plate to crack. She starts talking over me and acting hysterical. I told her to calm down and that we need to just exchange information and take photos and that if nothing bad happened it'll be fine. I explained to her that I never had something like this happen and that I want to take the proper steps. She starts taking photos of my car, touching the scratches, and tells me that "it's not fair" for me to report this. She believes that the damage she made is "old". She gives me her name and her phone number. When I ask for her license and registration, she tells me that she doesn't trust me and drives off. I am sitting here at work (very busy) but this is annoying me like no other. I'm worried she might spin this around and make me look bad. I have never had anyone bump me or got into an accident before. What do I need to do in this situation?
|
dhxkaoa
|
dhxtiz2
| 1,495,550,692 | 1,495,561,035 | 2 | 3 |
Make a police report, get them to do their job. Call your insurance before she calls hers. In my experience, it's the first one to make a claim that gets the presumption of correctness, whether that's right or wrong. You don't want to get caught on the other side with someone that's acting so irrational about it like this.
|
Call the police. Lesson #1 regarding any accident, always call the police Also, let the police know that she tried to drive off, and did not give you her insurance card (I hope you have her licence plate number). Also, do not under estimate your damage. I recently had the same thing happen, someone dinged my door, it was very very small. Costs $850 to have it fixed. Do not eat that cost especially for someone that did a hit and run. Make her insurance pay for it.
| 0 | 10,343 | 1.5 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j247q4y
|
j247x30
| 1,672,327,460 | 1,672,327,540 | 37 | 1,460 |
You have GAP insurance, yes? Standard practice for a new car unless there was a high downpayment. Underinsured? Use her insurance, your GAP insurance, and then your car insurance. What's the car's ACV?
|
> I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. Well, vision loss isn't good. Did you have a concussion? You should definitely involve your insurance. You should also consider hiring a personal injury lawyer and making a claim for personal injuries. The driver may a insurance limits for damage to your car AND separate insurance limits to pay for personal injuries she caused you, like medical bills, pain and suffering, etc.
| 0 | 80 | 39.459459 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j247x30
|
j247g5p
| 1,672,327,540 | 1,672,327,342 | 1,460 | 13 |
> I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. Well, vision loss isn't good. Did you have a concussion? You should definitely involve your insurance. You should also consider hiring a personal injury lawyer and making a claim for personal injuries. The driver may a insurance limits for damage to your car AND separate insurance limits to pay for personal injuries she caused you, like medical bills, pain and suffering, etc.
|
Do you have uninsured/underinsured driver's coverage? Do you have any medical issues after the accident? Do you have gap coverage on the loan?
| 1 | 198 | 112.307692 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j247x30
|
j247ifk
| 1,672,327,540 | 1,672,327,369 | 1,460 | 7 |
> I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. Well, vision loss isn't good. Did you have a concussion? You should definitely involve your insurance. You should also consider hiring a personal injury lawyer and making a claim for personal injuries. The driver may a insurance limits for damage to your car AND separate insurance limits to pay for personal injuries she caused you, like medical bills, pain and suffering, etc.
|
Talk to your insurance and if needed get a lawyer.
| 1 | 171 | 208.571429 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j24vaj3
|
j2486cs
| 1,672,336,712 | 1,672,327,648 | 842 | 560 |
You pay your insurance for a reason: so you'd use it when it comes to situations like this. Stop worrying about it. Your insurance will sue the other side for all they are worth for you. That is WHY you pay them.
|
You don't say where you are, so it's impossible to give state law facts, but generally this is what uninsured motorist and underinsured motorist (UM and UIM) coverage is for. California and Arizona state laws prohibit insurance companies from raising rates due to a claim under either of those coverages, but other states' laws do not. This is still a place where you'd be advised to use that coverage (and if you don't have that coverage be absolutely sure you have it on your next vehicle). If all of that doesn't cover your claim, both property and medical, you can get a lawyer and file suit against the other driver. Be aware that they may be judgement proof (have no assets with which to pay the judgement), which makes collecting much more difficult.
| 1 | 9,064 | 1.503571 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j24ia4k
|
j24vaj3
| 1,672,331,697 | 1,672,336,712 | 114 | 842 |
This is why you have insurance. Sometimes rates go up, that's just life.
|
You pay your insurance for a reason: so you'd use it when it comes to situations like this. Stop worrying about it. Your insurance will sue the other side for all they are worth for you. That is WHY you pay them.
| 0 | 5,015 | 7.385965 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j248byz
|
j24vaj3
| 1,672,327,713 | 1,672,336,712 | 108 | 842 |
If you have uninsured/underinsured property damaged coverage, which is likely if you have a loan, your insurance is the best place to go. Such a claim is likely required to invoke GAP insurance on your loan, if you have that. The other option is to sue the other driver, though the actual winnings will likely be too high compared to the costs. Depending on jurisdiction, you are likely outside the realm of small claims, and will want a lawyer, then you will need to actually collect the judgement if you win. Generally, a private lawsuit is only worth it if you have substantial medical damages as well as property damage. As a note, if you want any chance of perusing more money, do NOT sign a settlement agreement or accept money from the other parties insurance without first discussing it with a lawyer. Almost all such agreements will include an indemnity clause that will stop you from suing, and will typically also stop your insurance from accepting your claim - your insurance will include a subjugation clause requiring you sign over the right to sue, which you cannot do if you waived your right to sue. This also potentially includes using your medical insurance to pay for the hospital trip!
|
You pay your insurance for a reason: so you'd use it when it comes to situations like this. Stop worrying about it. Your insurance will sue the other side for all they are worth for you. That is WHY you pay them.
| 0 | 8,999 | 7.796296 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j24rwgl
|
j24vaj3
| 1,672,335,418 | 1,672,336,712 | 86 | 842 |
Your loan is irrelevant. The insurance company should be paying you the current value of the car. If it was a 2021 Toyota Rav4 that was totaled they owe you the value of a 2021 Toyota Rav4. Are you saying they won't pay that out?
|
You pay your insurance for a reason: so you'd use it when it comes to situations like this. Stop worrying about it. Your insurance will sue the other side for all they are worth for you. That is WHY you pay them.
| 0 | 1,294 | 9.790698 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j247q4y
|
j24vaj3
| 1,672,327,460 | 1,672,336,712 | 37 | 842 |
You have GAP insurance, yes? Standard practice for a new car unless there was a high downpayment. Underinsured? Use her insurance, your GAP insurance, and then your car insurance. What's the car's ACV?
|
You pay your insurance for a reason: so you'd use it when it comes to situations like this. Stop worrying about it. Your insurance will sue the other side for all they are worth for you. That is WHY you pay them.
| 0 | 9,252 | 22.756757 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j247g5p
|
j24vaj3
| 1,672,327,342 | 1,672,336,712 | 13 | 842 |
Do you have uninsured/underinsured driver's coverage? Do you have any medical issues after the accident? Do you have gap coverage on the loan?
|
You pay your insurance for a reason: so you'd use it when it comes to situations like this. Stop worrying about it. Your insurance will sue the other side for all they are worth for you. That is WHY you pay them.
| 0 | 9,370 | 64.769231 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j24vaj3
|
j247ifk
| 1,672,336,712 | 1,672,327,369 | 842 | 7 |
You pay your insurance for a reason: so you'd use it when it comes to situations like this. Stop worrying about it. Your insurance will sue the other side for all they are worth for you. That is WHY you pay them.
|
Talk to your insurance and if needed get a lawyer.
| 1 | 9,343 | 120.285714 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j247q4y
|
j2486cs
| 1,672,327,460 | 1,672,327,648 | 37 | 560 |
You have GAP insurance, yes? Standard practice for a new car unless there was a high downpayment. Underinsured? Use her insurance, your GAP insurance, and then your car insurance. What's the car's ACV?
|
You don't say where you are, so it's impossible to give state law facts, but generally this is what uninsured motorist and underinsured motorist (UM and UIM) coverage is for. California and Arizona state laws prohibit insurance companies from raising rates due to a claim under either of those coverages, but other states' laws do not. This is still a place where you'd be advised to use that coverage (and if you don't have that coverage be absolutely sure you have it on your next vehicle). If all of that doesn't cover your claim, both property and medical, you can get a lawyer and file suit against the other driver. Be aware that they may be judgement proof (have no assets with which to pay the judgement), which makes collecting much more difficult.
| 0 | 188 | 15.135135 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j247g5p
|
j2486cs
| 1,672,327,342 | 1,672,327,648 | 13 | 560 |
Do you have uninsured/underinsured driver's coverage? Do you have any medical issues after the accident? Do you have gap coverage on the loan?
|
You don't say where you are, so it's impossible to give state law facts, but generally this is what uninsured motorist and underinsured motorist (UM and UIM) coverage is for. California and Arizona state laws prohibit insurance companies from raising rates due to a claim under either of those coverages, but other states' laws do not. This is still a place where you'd be advised to use that coverage (and if you don't have that coverage be absolutely sure you have it on your next vehicle). If all of that doesn't cover your claim, both property and medical, you can get a lawyer and file suit against the other driver. Be aware that they may be judgement proof (have no assets with which to pay the judgement), which makes collecting much more difficult.
| 0 | 306 | 43.076923 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j2486cs
|
j247ifk
| 1,672,327,648 | 1,672,327,369 | 560 | 7 |
You don't say where you are, so it's impossible to give state law facts, but generally this is what uninsured motorist and underinsured motorist (UM and UIM) coverage is for. California and Arizona state laws prohibit insurance companies from raising rates due to a claim under either of those coverages, but other states' laws do not. This is still a place where you'd be advised to use that coverage (and if you don't have that coverage be absolutely sure you have it on your next vehicle). If all of that doesn't cover your claim, both property and medical, you can get a lawyer and file suit against the other driver. Be aware that they may be judgement proof (have no assets with which to pay the judgement), which makes collecting much more difficult.
|
Talk to your insurance and if needed get a lawyer.
| 1 | 279 | 80 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j24ia4k
|
j248byz
| 1,672,331,697 | 1,672,327,713 | 114 | 108 |
This is why you have insurance. Sometimes rates go up, that's just life.
|
If you have uninsured/underinsured property damaged coverage, which is likely if you have a loan, your insurance is the best place to go. Such a claim is likely required to invoke GAP insurance on your loan, if you have that. The other option is to sue the other driver, though the actual winnings will likely be too high compared to the costs. Depending on jurisdiction, you are likely outside the realm of small claims, and will want a lawyer, then you will need to actually collect the judgement if you win. Generally, a private lawsuit is only worth it if you have substantial medical damages as well as property damage. As a note, if you want any chance of perusing more money, do NOT sign a settlement agreement or accept money from the other parties insurance without first discussing it with a lawyer. Almost all such agreements will include an indemnity clause that will stop you from suing, and will typically also stop your insurance from accepting your claim - your insurance will include a subjugation clause requiring you sign over the right to sue, which you cannot do if you waived your right to sue. This also potentially includes using your medical insurance to pay for the hospital trip!
| 1 | 3,984 | 1.055556 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j247q4y
|
j24ia4k
| 1,672,327,460 | 1,672,331,697 | 37 | 114 |
You have GAP insurance, yes? Standard practice for a new car unless there was a high downpayment. Underinsured? Use her insurance, your GAP insurance, and then your car insurance. What's the car's ACV?
|
This is why you have insurance. Sometimes rates go up, that's just life.
| 0 | 4,237 | 3.081081 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j247g5p
|
j24ia4k
| 1,672,327,342 | 1,672,331,697 | 13 | 114 |
Do you have uninsured/underinsured driver's coverage? Do you have any medical issues after the accident? Do you have gap coverage on the loan?
|
This is why you have insurance. Sometimes rates go up, that's just life.
| 0 | 4,355 | 8.769231 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j24ia4k
|
j247ifk
| 1,672,331,697 | 1,672,327,369 | 114 | 7 |
This is why you have insurance. Sometimes rates go up, that's just life.
|
Talk to your insurance and if needed get a lawyer.
| 1 | 4,328 | 16.285714 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j248byz
|
j247q4y
| 1,672,327,713 | 1,672,327,460 | 108 | 37 |
If you have uninsured/underinsured property damaged coverage, which is likely if you have a loan, your insurance is the best place to go. Such a claim is likely required to invoke GAP insurance on your loan, if you have that. The other option is to sue the other driver, though the actual winnings will likely be too high compared to the costs. Depending on jurisdiction, you are likely outside the realm of small claims, and will want a lawyer, then you will need to actually collect the judgement if you win. Generally, a private lawsuit is only worth it if you have substantial medical damages as well as property damage. As a note, if you want any chance of perusing more money, do NOT sign a settlement agreement or accept money from the other parties insurance without first discussing it with a lawyer. Almost all such agreements will include an indemnity clause that will stop you from suing, and will typically also stop your insurance from accepting your claim - your insurance will include a subjugation clause requiring you sign over the right to sue, which you cannot do if you waived your right to sue. This also potentially includes using your medical insurance to pay for the hospital trip!
|
You have GAP insurance, yes? Standard practice for a new car unless there was a high downpayment. Underinsured? Use her insurance, your GAP insurance, and then your car insurance. What's the car's ACV?
| 1 | 253 | 2.918919 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j247g5p
|
j248byz
| 1,672,327,342 | 1,672,327,713 | 13 | 108 |
Do you have uninsured/underinsured driver's coverage? Do you have any medical issues after the accident? Do you have gap coverage on the loan?
|
If you have uninsured/underinsured property damaged coverage, which is likely if you have a loan, your insurance is the best place to go. Such a claim is likely required to invoke GAP insurance on your loan, if you have that. The other option is to sue the other driver, though the actual winnings will likely be too high compared to the costs. Depending on jurisdiction, you are likely outside the realm of small claims, and will want a lawyer, then you will need to actually collect the judgement if you win. Generally, a private lawsuit is only worth it if you have substantial medical damages as well as property damage. As a note, if you want any chance of perusing more money, do NOT sign a settlement agreement or accept money from the other parties insurance without first discussing it with a lawyer. Almost all such agreements will include an indemnity clause that will stop you from suing, and will typically also stop your insurance from accepting your claim - your insurance will include a subjugation clause requiring you sign over the right to sue, which you cannot do if you waived your right to sue. This also potentially includes using your medical insurance to pay for the hospital trip!
| 0 | 371 | 8.307692 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j247ifk
|
j248byz
| 1,672,327,369 | 1,672,327,713 | 7 | 108 |
Talk to your insurance and if needed get a lawyer.
|
If you have uninsured/underinsured property damaged coverage, which is likely if you have a loan, your insurance is the best place to go. Such a claim is likely required to invoke GAP insurance on your loan, if you have that. The other option is to sue the other driver, though the actual winnings will likely be too high compared to the costs. Depending on jurisdiction, you are likely outside the realm of small claims, and will want a lawyer, then you will need to actually collect the judgement if you win. Generally, a private lawsuit is only worth it if you have substantial medical damages as well as property damage. As a note, if you want any chance of perusing more money, do NOT sign a settlement agreement or accept money from the other parties insurance without first discussing it with a lawyer. Almost all such agreements will include an indemnity clause that will stop you from suing, and will typically also stop your insurance from accepting your claim - your insurance will include a subjugation clause requiring you sign over the right to sue, which you cannot do if you waived your right to sue. This also potentially includes using your medical insurance to pay for the hospital trip!
| 0 | 344 | 15.428571 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j24rwgl
|
j247q4y
| 1,672,335,418 | 1,672,327,460 | 86 | 37 |
Your loan is irrelevant. The insurance company should be paying you the current value of the car. If it was a 2021 Toyota Rav4 that was totaled they owe you the value of a 2021 Toyota Rav4. Are you saying they won't pay that out?
|
You have GAP insurance, yes? Standard practice for a new car unless there was a high downpayment. Underinsured? Use her insurance, your GAP insurance, and then your car insurance. What's the car's ACV?
| 1 | 7,958 | 2.324324 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j247g5p
|
j24rwgl
| 1,672,327,342 | 1,672,335,418 | 13 | 86 |
Do you have uninsured/underinsured driver's coverage? Do you have any medical issues after the accident? Do you have gap coverage on the loan?
|
Your loan is irrelevant. The insurance company should be paying you the current value of the car. If it was a 2021 Toyota Rav4 that was totaled they owe you the value of a 2021 Toyota Rav4. Are you saying they won't pay that out?
| 0 | 8,076 | 6.615385 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j247ifk
|
j24rwgl
| 1,672,327,369 | 1,672,335,418 | 7 | 86 |
Talk to your insurance and if needed get a lawyer.
|
Your loan is irrelevant. The insurance company should be paying you the current value of the car. If it was a 2021 Toyota Rav4 that was totaled they owe you the value of a 2021 Toyota Rav4. Are you saying they won't pay that out?
| 0 | 8,049 | 12.285714 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j247q4y
|
j25bkcg
| 1,672,327,460 | 1,672,342,978 | 37 | 54 |
You have GAP insurance, yes? Standard practice for a new car unless there was a high downpayment. Underinsured? Use her insurance, your GAP insurance, and then your car insurance. What's the car's ACV?
|
Yes! Get your insurance company involved that is what they are there for. They have a legal team that will deal with the other insurance company to get their money back. Your insurance company covers "YOU". DO NOT TRY TO DO THIS ON YOUR OWN!!!
| 0 | 15,518 | 1.459459 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j25bkcg
|
j247g5p
| 1,672,342,978 | 1,672,327,342 | 54 | 13 |
Yes! Get your insurance company involved that is what they are there for. They have a legal team that will deal with the other insurance company to get their money back. Your insurance company covers "YOU". DO NOT TRY TO DO THIS ON YOUR OWN!!!
|
Do you have uninsured/underinsured driver's coverage? Do you have any medical issues after the accident? Do you have gap coverage on the loan?
| 1 | 15,636 | 4.153846 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j247ifk
|
j25bkcg
| 1,672,327,369 | 1,672,342,978 | 7 | 54 |
Talk to your insurance and if needed get a lawyer.
|
Yes! Get your insurance company involved that is what they are there for. They have a legal team that will deal with the other insurance company to get their money back. Your insurance company covers "YOU". DO NOT TRY TO DO THIS ON YOUR OWN!!!
| 0 | 15,609 | 7.714286 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j2578oa
|
j25bkcg
| 1,672,341,290 | 1,672,342,978 | 2 | 54 |
Property damage and bodily injury claims are separate (at least in my state) and uninsured/underinsured insurance is usually for bodily injuries, not property damage. You need to ask the other drivers insurance exactly how much they can give you for your totaled car. If it’s less than what you owe on the car, then I would involve your insurance, but in my experience, there’s not much they can do if you don’t have gap insurance at that point and you’ll be on the hook to cover the remaining payments of the totaled car.
|
Yes! Get your insurance company involved that is what they are there for. They have a legal team that will deal with the other insurance company to get their money back. Your insurance company covers "YOU". DO NOT TRY TO DO THIS ON YOUR OWN!!!
| 0 | 1,688 | 27 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j25bkcg
|
j257ymc
| 1,672,342,978 | 1,672,341,571 | 54 | 2 |
Yes! Get your insurance company involved that is what they are there for. They have a legal team that will deal with the other insurance company to get their money back. Your insurance company covers "YOU". DO NOT TRY TO DO THIS ON YOUR OWN!!!
|
Talk to someone at your insurance company. They can help you to hire a lawyer to pursue the claims against the other driver and the other driver’s insurance company
| 1 | 1,407 | 27 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j247g5p
|
j247q4y
| 1,672,327,342 | 1,672,327,460 | 13 | 37 |
Do you have uninsured/underinsured driver's coverage? Do you have any medical issues after the accident? Do you have gap coverage on the loan?
|
You have GAP insurance, yes? Standard practice for a new car unless there was a high downpayment. Underinsured? Use her insurance, your GAP insurance, and then your car insurance. What's the car's ACV?
| 0 | 118 | 2.846154 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j247q4y
|
j247ifk
| 1,672,327,460 | 1,672,327,369 | 37 | 7 |
You have GAP insurance, yes? Standard practice for a new car unless there was a high downpayment. Underinsured? Use her insurance, your GAP insurance, and then your car insurance. What's the car's ACV?
|
Talk to your insurance and if needed get a lawyer.
| 1 | 91 | 5.285714 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j247g5p
|
j25md2x
| 1,672,327,342 | 1,672,347,183 | 13 | 20 |
Do you have uninsured/underinsured driver's coverage? Do you have any medical issues after the accident? Do you have gap coverage on the loan?
|
This is what insurance is for, report it to your insurance along with any injuries sustained and applicable documentation. Your insurance will go after their insurance
| 0 | 19,841 | 1.538462 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j25i7im
|
j25md2x
| 1,672,345,555 | 1,672,347,183 | 9 | 20 |
If the police were called at the accident scene, your insurance company will already be aware of the accident, so it’s too late whether your rates will go up. So it’d be a good thing at this point to go ahead and contact them. Another thing to do would be to call your state insurance commission and find out if they have any kind of uninsured motorist insurance that you could benefit from. I would also talk to the other driver’s insurance company and find out why she doesn’t have enough insurance. Most states require a minimum of coverage, and you want to find out why their insured didn’t carry the proper amount, if that’s the case. Good luck.
|
This is what insurance is for, report it to your insurance along with any injuries sustained and applicable documentation. Your insurance will go after their insurance
| 0 | 1,628 | 2.222222 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j25md2x
|
j25j705
| 1,672,347,183 | 1,672,345,949 | 20 | 9 |
This is what insurance is for, report it to your insurance along with any injuries sustained and applicable documentation. Your insurance will go after their insurance
|
Do you have gap insurance and usually if you have full coverage insurance, your insurance company makes up the difference, provided the insurance company doesn't list it as "totalled."
| 1 | 1,234 | 2.222222 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j25md2x
|
j247ifk
| 1,672,347,183 | 1,672,327,369 | 20 | 7 |
This is what insurance is for, report it to your insurance along with any injuries sustained and applicable documentation. Your insurance will go after their insurance
|
Talk to your insurance and if needed get a lawyer.
| 1 | 19,814 | 2.857143 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j25md2x
|
j25engd
| 1,672,347,183 | 1,672,344,171 | 20 | 5 |
This is what insurance is for, report it to your insurance along with any injuries sustained and applicable documentation. Your insurance will go after their insurance
|
There are minimum liability insurance requirements is many (all?) states. The idea that someone's policy won't cover a Rav4 is pretty suspect. What state are you in? Edit: This comment is controversial on Reddit? Really?
| 1 | 3,012 | 4 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j25md2x
|
j2578oa
| 1,672,347,183 | 1,672,341,290 | 20 | 2 |
This is what insurance is for, report it to your insurance along with any injuries sustained and applicable documentation. Your insurance will go after their insurance
|
Property damage and bodily injury claims are separate (at least in my state) and uninsured/underinsured insurance is usually for bodily injuries, not property damage. You need to ask the other drivers insurance exactly how much they can give you for your totaled car. If it’s less than what you owe on the car, then I would involve your insurance, but in my experience, there’s not much they can do if you don’t have gap insurance at that point and you’ll be on the hook to cover the remaining payments of the totaled car.
| 1 | 5,893 | 10 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j25md2x
|
j257ymc
| 1,672,347,183 | 1,672,341,571 | 20 | 2 |
This is what insurance is for, report it to your insurance along with any injuries sustained and applicable documentation. Your insurance will go after their insurance
|
Talk to someone at your insurance company. They can help you to hire a lawyer to pursue the claims against the other driver and the other driver’s insurance company
| 1 | 5,612 | 10 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j247ifk
|
j25i7im
| 1,672,327,369 | 1,672,345,555 | 7 | 9 |
Talk to your insurance and if needed get a lawyer.
|
If the police were called at the accident scene, your insurance company will already be aware of the accident, so it’s too late whether your rates will go up. So it’d be a good thing at this point to go ahead and contact them. Another thing to do would be to call your state insurance commission and find out if they have any kind of uninsured motorist insurance that you could benefit from. I would also talk to the other driver’s insurance company and find out why she doesn’t have enough insurance. Most states require a minimum of coverage, and you want to find out why their insured didn’t carry the proper amount, if that’s the case. Good luck.
| 0 | 18,186 | 1.285714 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j25i7im
|
j25engd
| 1,672,345,555 | 1,672,344,171 | 9 | 5 |
If the police were called at the accident scene, your insurance company will already be aware of the accident, so it’s too late whether your rates will go up. So it’d be a good thing at this point to go ahead and contact them. Another thing to do would be to call your state insurance commission and find out if they have any kind of uninsured motorist insurance that you could benefit from. I would also talk to the other driver’s insurance company and find out why she doesn’t have enough insurance. Most states require a minimum of coverage, and you want to find out why their insured didn’t carry the proper amount, if that’s the case. Good luck.
|
There are minimum liability insurance requirements is many (all?) states. The idea that someone's policy won't cover a Rav4 is pretty suspect. What state are you in? Edit: This comment is controversial on Reddit? Really?
| 1 | 1,384 | 1.8 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j2578oa
|
j25i7im
| 1,672,341,290 | 1,672,345,555 | 2 | 9 |
Property damage and bodily injury claims are separate (at least in my state) and uninsured/underinsured insurance is usually for bodily injuries, not property damage. You need to ask the other drivers insurance exactly how much they can give you for your totaled car. If it’s less than what you owe on the car, then I would involve your insurance, but in my experience, there’s not much they can do if you don’t have gap insurance at that point and you’ll be on the hook to cover the remaining payments of the totaled car.
|
If the police were called at the accident scene, your insurance company will already be aware of the accident, so it’s too late whether your rates will go up. So it’d be a good thing at this point to go ahead and contact them. Another thing to do would be to call your state insurance commission and find out if they have any kind of uninsured motorist insurance that you could benefit from. I would also talk to the other driver’s insurance company and find out why she doesn’t have enough insurance. Most states require a minimum of coverage, and you want to find out why their insured didn’t carry the proper amount, if that’s the case. Good luck.
| 0 | 4,265 | 4.5 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j257ymc
|
j25i7im
| 1,672,341,571 | 1,672,345,555 | 2 | 9 |
Talk to someone at your insurance company. They can help you to hire a lawyer to pursue the claims against the other driver and the other driver’s insurance company
|
If the police were called at the accident scene, your insurance company will already be aware of the accident, so it’s too late whether your rates will go up. So it’d be a good thing at this point to go ahead and contact them. Another thing to do would be to call your state insurance commission and find out if they have any kind of uninsured motorist insurance that you could benefit from. I would also talk to the other driver’s insurance company and find out why she doesn’t have enough insurance. Most states require a minimum of coverage, and you want to find out why their insured didn’t carry the proper amount, if that’s the case. Good luck.
| 0 | 3,984 | 4.5 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j25j705
|
j247ifk
| 1,672,345,949 | 1,672,327,369 | 9 | 7 |
Do you have gap insurance and usually if you have full coverage insurance, your insurance company makes up the difference, provided the insurance company doesn't list it as "totalled."
|
Talk to your insurance and if needed get a lawyer.
| 1 | 18,580 | 1.285714 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j25engd
|
j25j705
| 1,672,344,171 | 1,672,345,949 | 5 | 9 |
There are minimum liability insurance requirements is many (all?) states. The idea that someone's policy won't cover a Rav4 is pretty suspect. What state are you in? Edit: This comment is controversial on Reddit? Really?
|
Do you have gap insurance and usually if you have full coverage insurance, your insurance company makes up the difference, provided the insurance company doesn't list it as "totalled."
| 0 | 1,778 | 1.8 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j25j705
|
j2578oa
| 1,672,345,949 | 1,672,341,290 | 9 | 2 |
Do you have gap insurance and usually if you have full coverage insurance, your insurance company makes up the difference, provided the insurance company doesn't list it as "totalled."
|
Property damage and bodily injury claims are separate (at least in my state) and uninsured/underinsured insurance is usually for bodily injuries, not property damage. You need to ask the other drivers insurance exactly how much they can give you for your totaled car. If it’s less than what you owe on the car, then I would involve your insurance, but in my experience, there’s not much they can do if you don’t have gap insurance at that point and you’ll be on the hook to cover the remaining payments of the totaled car.
| 1 | 4,659 | 4.5 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j257ymc
|
j25j705
| 1,672,341,571 | 1,672,345,949 | 2 | 9 |
Talk to someone at your insurance company. They can help you to hire a lawyer to pursue the claims against the other driver and the other driver’s insurance company
|
Do you have gap insurance and usually if you have full coverage insurance, your insurance company makes up the difference, provided the insurance company doesn't list it as "totalled."
| 0 | 4,378 | 4.5 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j2578oa
|
j25engd
| 1,672,341,290 | 1,672,344,171 | 2 | 5 |
Property damage and bodily injury claims are separate (at least in my state) and uninsured/underinsured insurance is usually for bodily injuries, not property damage. You need to ask the other drivers insurance exactly how much they can give you for your totaled car. If it’s less than what you owe on the car, then I would involve your insurance, but in my experience, there’s not much they can do if you don’t have gap insurance at that point and you’ll be on the hook to cover the remaining payments of the totaled car.
|
There are minimum liability insurance requirements is many (all?) states. The idea that someone's policy won't cover a Rav4 is pretty suspect. What state are you in? Edit: This comment is controversial on Reddit? Really?
| 0 | 2,881 | 2.5 |
zy7u60
|
legaladvice_train
| 0.95 |
Distracted driver ran into me on Christmas Eve while I was driving to my mom’s house, flipping my car and totaling my first new car. Her insurance adjuster told me that her coverage won’t come close to paying for a 2021 Toyota RAV4. What should I do? Should I involve my own insurance? My husband and I owe $17k on the car. We’ve paid $13k. We thought we’d have it forever. I know new cars aren’t a good idea financially, but I needed a reliable AWD for work and I couldn’t find one used a year ago during the chip shortage. I started to lose my vision about an hour after the accident and my sister took me to the hospital where they took X-rays. No broken bones but whiplash, a bruised and cut tongue where I bit it after landing hard on the car’s side. I am still sore. Honestly, I just need a working AWD car for work. I work as a wildlife biologist and need the car for field work. My husband also needs a reliable car to take my daughter to a soccer tournament in a week. Her insurance told me to get my insurance involved but I’ve heard that can raise my rates. We have a teen driver so we are already paying so much for insurance. The other driver admitted fault. I appreciate any advice on how to proceed. Thank you!
|
j25engd
|
j257ymc
| 1,672,344,171 | 1,672,341,571 | 5 | 2 |
There are minimum liability insurance requirements is many (all?) states. The idea that someone's policy won't cover a Rav4 is pretty suspect. What state are you in? Edit: This comment is controversial on Reddit? Really?
|
Talk to someone at your insurance company. They can help you to hire a lawyer to pursue the claims against the other driver and the other driver’s insurance company
| 1 | 2,600 | 2.5 |
r3q13x
|
legaladvice_train
| 0.96 |
[im in WI, shes in MO] My half sister put my autistic brother in a facility and won’t tell any of us where he is. Is there legally anything I can do? My brother (Mike for a fake name) is autistic. Hes 30 years old. My mom died about 4 years ago and he was sent to live with my half sister (Sandy for a fake name). Sandy is the oldest of us, and honestly none of the rest of us were equipped to take him in. Sandy is ultra conservative, and since I am very much the opposite end of that, once my mom died she cut me off from contacting Mike. She’s also harassed me a lot but that’s another story. My other half sister, (fake name Laurie) kept in contact with yer long enough to rescue our nephew, Laurie now has legal custody of him (thankfully). This was 3 years ago. Nephew is now an adult. Nephew just recently told us that about four months after mom died, Sandy sent Mike off to a facility. She has kept all of mom life insurance that was supposed to go to Mike. Hopefully she’s actually using it for him. No one knows what facility he’s at, no one knows if he’s okay, or anything and I did reach out to her to ask for the facility name and address and she told me in no uncertain terms “no.” (She wasn’t as nice.) I have absolutely no clue how to go about finding him if I legally can even do that. We all want to be able to talk to him or at the very least just know he’s safe and alive. Is there anything I can do? I’d prefer to go free/inexpensive routes first if that’s even possible. Thank you.
|
hmep4yy
|
hmen96n
| 1,638,112,824 | 1,638,111,915 | 11 | 3 |
There's a lot you're leaving out. Is your brother legally incapacitated? Lots of people have ASD but are still legally competent. Has he signed a Medical POA to your sister or any other person? That's important. If he has, it is likely she has the authority to make certain decisions for him. That document will remain effective until a court declares it invalid or your brother revokes it. It sounds like you need to speak to a guardianship lawyer licensed to pracitce in Missouri. They need to file a guardianship application over your brother and have you (or someone else other than your sister) appointed as his new legal guardian. That will grant you authority over his place of residence and you can move him to another location. Your lawyer can help you find your brother by issuing subpoenas to your half sister, who can be compelled to testify where he is. A court can also sign a temporary restraining order barring her from accessing his finances. But be warned that guardianship is a lifelong obligation that imposes signifncant legal challenges and responsibilities. ​ >I’d prefer to go free/inexpensive routes first if that’s even possible. It isn't. You can make all the phone calls to APS and/or law enforcement that you want. It rarely works. Based on what you described, you need a court to get invovled quickly. It will not be cheap. Budget between $7,500 - $10,000. More if she contests guardianship or there is question as to his level of capacity.
|
What does "sent to live with my half sister" mean? Sent by whom? Also, should we assume your half sister was the beneficiary of the life insurance you mentioned (or a trustee)? Unfortunately, you may not be legally entitled to know where he is or how he is being taken care of. You can request a welfare check or intervention by a local agency as others have suggested if you fear for his safety. But short of working out the family issues, it's very possible no one will give you the information that you're looking for. You would need a lawyer to determine if there is a way to contest his guardianship or aspects of your mother's estate.
| 1 | 909 | 3.666667 |
r3q13x
|
legaladvice_train
| 0.96 |
[im in WI, shes in MO] My half sister put my autistic brother in a facility and won’t tell any of us where he is. Is there legally anything I can do? My brother (Mike for a fake name) is autistic. Hes 30 years old. My mom died about 4 years ago and he was sent to live with my half sister (Sandy for a fake name). Sandy is the oldest of us, and honestly none of the rest of us were equipped to take him in. Sandy is ultra conservative, and since I am very much the opposite end of that, once my mom died she cut me off from contacting Mike. She’s also harassed me a lot but that’s another story. My other half sister, (fake name Laurie) kept in contact with yer long enough to rescue our nephew, Laurie now has legal custody of him (thankfully). This was 3 years ago. Nephew is now an adult. Nephew just recently told us that about four months after mom died, Sandy sent Mike off to a facility. She has kept all of mom life insurance that was supposed to go to Mike. Hopefully she’s actually using it for him. No one knows what facility he’s at, no one knows if he’s okay, or anything and I did reach out to her to ask for the facility name and address and she told me in no uncertain terms “no.” (She wasn’t as nice.) I have absolutely no clue how to go about finding him if I legally can even do that. We all want to be able to talk to him or at the very least just know he’s safe and alive. Is there anything I can do? I’d prefer to go free/inexpensive routes first if that’s even possible. Thank you.
|
hmeyb5j
|
hmen96n
| 1,638,116,889 | 1,638,111,915 | 8 | 3 |
OP This is what I am seeing: You have siblings. Your brother is disabled. When your mother died, no one, except your oldest sister, either had the capacity to take care of, or was willing to take him in. As a result she has guardianship over him. She put him in a facility, and will not tell any of her siblings where he is at, and refuses to give any sort of information. And now everyone is worried, due to a lack of information. Contacting adult protective services, will start an investigation, however, they are not going to share much, beyond he is alright. If he is not, then they will contact you with more information and see if you or your sister can take over his care. Now if it is, then the only real way you are going to have to fight this, is to go back to the home town of your sister and then go through a legal means, including fighting her for guardianship over him. That also means that as his guardian, you would be legally responsible for any and all care and bills that go along with it. Talk to a good lawyer, find out what the rules are in the state your brother is in. Most guardianship and conservatorship laws, have very specific rules written in where your sister has to show where his money is going to. On a side note, this is a bit more sneaky and underhanded, but you could do this: Take some time do a goggle search for facilities all around the area, finding out which ones deal with people who are similar to your brother, then make a trip down there and personally visit and make inquiries. Chances are she did not put a black out on information, not expecting you or your sister to find out and then visit with him, and check up on such. This way you can see for yourself where he is at and get information about him to a degree. You will also need paperwork proving you are who you say you are. Though when your sister finds out, she is going to be really irate and expect consequences that will require a lawyer.
|
What does "sent to live with my half sister" mean? Sent by whom? Also, should we assume your half sister was the beneficiary of the life insurance you mentioned (or a trustee)? Unfortunately, you may not be legally entitled to know where he is or how he is being taken care of. You can request a welfare check or intervention by a local agency as others have suggested if you fear for his safety. But short of working out the family issues, it's very possible no one will give you the information that you're looking for. You would need a lawyer to determine if there is a way to contest his guardianship or aspects of your mother's estate.
| 1 | 4,974 | 2.666667 |
r3q13x
|
legaladvice_train
| 0.96 |
[im in WI, shes in MO] My half sister put my autistic brother in a facility and won’t tell any of us where he is. Is there legally anything I can do? My brother (Mike for a fake name) is autistic. Hes 30 years old. My mom died about 4 years ago and he was sent to live with my half sister (Sandy for a fake name). Sandy is the oldest of us, and honestly none of the rest of us were equipped to take him in. Sandy is ultra conservative, and since I am very much the opposite end of that, once my mom died she cut me off from contacting Mike. She’s also harassed me a lot but that’s another story. My other half sister, (fake name Laurie) kept in contact with yer long enough to rescue our nephew, Laurie now has legal custody of him (thankfully). This was 3 years ago. Nephew is now an adult. Nephew just recently told us that about four months after mom died, Sandy sent Mike off to a facility. She has kept all of mom life insurance that was supposed to go to Mike. Hopefully she’s actually using it for him. No one knows what facility he’s at, no one knows if he’s okay, or anything and I did reach out to her to ask for the facility name and address and she told me in no uncertain terms “no.” (She wasn’t as nice.) I have absolutely no clue how to go about finding him if I legally can even do that. We all want to be able to talk to him or at the very least just know he’s safe and alive. Is there anything I can do? I’d prefer to go free/inexpensive routes first if that’s even possible. Thank you.
|
hmeyb5j
|
hmer8x6
| 1,638,116,889 | 1,638,113,803 | 8 | 2 |
OP This is what I am seeing: You have siblings. Your brother is disabled. When your mother died, no one, except your oldest sister, either had the capacity to take care of, or was willing to take him in. As a result she has guardianship over him. She put him in a facility, and will not tell any of her siblings where he is at, and refuses to give any sort of information. And now everyone is worried, due to a lack of information. Contacting adult protective services, will start an investigation, however, they are not going to share much, beyond he is alright. If he is not, then they will contact you with more information and see if you or your sister can take over his care. Now if it is, then the only real way you are going to have to fight this, is to go back to the home town of your sister and then go through a legal means, including fighting her for guardianship over him. That also means that as his guardian, you would be legally responsible for any and all care and bills that go along with it. Talk to a good lawyer, find out what the rules are in the state your brother is in. Most guardianship and conservatorship laws, have very specific rules written in where your sister has to show where his money is going to. On a side note, this is a bit more sneaky and underhanded, but you could do this: Take some time do a goggle search for facilities all around the area, finding out which ones deal with people who are similar to your brother, then make a trip down there and personally visit and make inquiries. Chances are she did not put a black out on information, not expecting you or your sister to find out and then visit with him, and check up on such. This way you can see for yourself where he is at and get information about him to a degree. You will also need paperwork proving you are who you say you are. Though when your sister finds out, she is going to be really irate and expect consequences that will require a lawyer.
|
Get an attorney and have them find him and file on your behalf.
| 1 | 3,086 | 4 |
x093rn
|
legaladvice_train
| 0.92 |
[Chicago] My brother was shot dead in Chicago. The perpetrator has been caught and behind bars awaiting trial. What are my next steps? My brother was in Chicago on a holiday. He was at a bar where he got into an argument with someone. The guy left that bar and waited outside for my brother to leave. Then he followed him home and waited until he was alone. When there was no one around, he walked up to his car and attacked him. My brother tried to fight back, but the guy pulled a gun on him. My brother tried to run when he saw the gun, but the guy shot him in the back 4 times. According to the detective, it wasn't my brother's fault. He was just at the wrong place at a wrong time. My parents are old and close to retirement age. He was the earning member in the family. I want to make sure they get compensated so they can live the rest of their life peacefully. What should be my next course of action?
|
im6w32u
|
im6uomk
| 1,661,729,534 | 1,661,728,875 | 219 | 101 |
Very sorry for your loss. It appears that there is a Crime Victims Compensation Program in IL, may be worth looking into.
|
Sorry for your loss. And of course it wasn't his fault, nobody who gets shot in the back is at fault. The criminal process here will be slow, so be prepared for that. Many if not most of these cases don't go to trial, but are settled with a plea agreement. But that is a long way off. Did your brother have assets, property, savings? Those would go to his spouse (if married) and kids (if there are any) or to your parents (if not). Did your brother have life insurance? There may not be any money to collect here otherwise, at least not if the person who shot him doesn't have substantial assets, and usually people who do these things do not.
| 1 | 659 | 2.168317 |
x093rn
|
legaladvice_train
| 0.92 |
[Chicago] My brother was shot dead in Chicago. The perpetrator has been caught and behind bars awaiting trial. What are my next steps? My brother was in Chicago on a holiday. He was at a bar where he got into an argument with someone. The guy left that bar and waited outside for my brother to leave. Then he followed him home and waited until he was alone. When there was no one around, he walked up to his car and attacked him. My brother tried to fight back, but the guy pulled a gun on him. My brother tried to run when he saw the gun, but the guy shot him in the back 4 times. According to the detective, it wasn't my brother's fault. He was just at the wrong place at a wrong time. My parents are old and close to retirement age. He was the earning member in the family. I want to make sure they get compensated so they can live the rest of their life peacefully. What should be my next course of action?
|
im759ij
|
im7bcem
| 1,661,733,901 | 1,661,736,820 | 20 | 23 |
Depending on what state your brother lived in, his estate may need to go through probate. If he had no assets, most states let you bypass probate. Look into life insurance through his place of employment as well as any other he may have personally contributed to. He would have had to pick a beneficiary of the insurance, which may be family, or not, but you'll have to seek that info out. Insofar as compensating you parents, not sure what that means to you. If he had insurance and they were the beneficiaries, that could compensate them. Illinois victims compensation may reimburse for funeral expenses as another person suggested. You're always free to bring a civil lawsuit for wrongful death against the perpetrator, but you can't get blood from a turnip. Most people don't sit on piles of money and there's a very good chance the perpetrator would never contribute anything, while still having to put your family through the pain of litigation. Hope that helps.
|
I’m very sorry for your loss. Your family should have been contacted by your District Attorney’s (or State’s Attorney) Victim Witness office. If you haven’t heard from them, reach out and talk to an advocate. They can help you navigate the victim compensation funds, therapy, and other resources.
| 0 | 2,919 | 1.15 |
xxa0zh
|
legaladvice_train
| 0.91 |
AirBnb guest (US citizen) used my address (also US) to get passport. Should I be concerned? I have an AirBnb guest who has moved to the area for a new job and is staying with me for a few weeks while she secures permanent housing. Today she texted me to let me know her new passport will be mailed here in a couple months and asked me to let her know when it arrived so she can come pick it up. I asked whether she used my address in the application and she said yes. We’re both US citizens in the US, so I’m not concerned about any immigration issues. I’m pretty ignorant about passports, so I’m just trying to find out whether there could be any adverse legal repercussions resulting from this. I don’t know that it’s legal for her to do that, and don’t want to have to deal with any tax/insurance issues that might arise if the government suddenly thinks there’s another person using my address as a primary/permanent residence. Thanks in advance.
|
irb0k3v
|
iray0x8
| 1,665,077,166 | 1,665,076,186 | 147 | 17 |
It's likely that she didn't have a permanent address yet when she filled out the passport application, and may still not have one; those things are in processing for a long time. The address itself does not appear on the passport, so it can't be used as proof of residence, and in any case most things that are tied to state residence are state-level functions, and they won't be getting address info from the State Department. Yes, it's possible that the government will record in a database somewhere that she lives at your address, but that's rather unlikely to ever be an issue. You are, of course, welcome to refuse delivery of the passport (or any mail addressed to her) when it arrives; just mark it "Addressee Unknown", Sharpie through the barcode, and put it back in your mailbox.
|
There are two spaces for an address on a passport application. One is a simple mailing address, and the other is the permanent address of residence. I would advise her to contact the passport office and see if she can change the address. There’s nothing to implicate you in anything.
| 1 | 980 | 8.647059 |
9eox5t
|
legaladvice_train
| 0.92 |
$3000+ fine for Air BnB guests (CO) I live in a condo (that I own) in a building with an HOA. Recently I had someone stay in my condo via Air BnB, while I was out of town. When I got back, several of my neighbors informed me that there were strange dudes in and out of the building the whole time the guest was there- it’s likely that she was escorting or doing something shady out of my condo. I called her to ask for an explanation, and of course she denied it, saying she just had a few friends over. I later got a call from a blocked number, and some guy told me to never contact her again. He didn’t directly threaten me, but he was obviously trying to sound intimidating. I contacted air bnb to make a complaint, and I’m having my locks changed. Then today, I got a notice that I need to “appear before the HOA board”, and an itemized bill for $3200 to change the key fobs for the front door for all 16 units, and mention of a tbd fine for violating HOA by-laws, which I guess will be decided at the meeting. In the by-laws it does not say anything about air bnb, but it does say that residents must be responsible for their guests. I got the key fob back from the person, and there’s no proof that she made a copy- I don’t even know if it’s possible to do that. Am I really going to have to pay for this? Should I get a lawyer?
|
e5rlk85
|
e5qtnm5
| 1,536,637,937 | 1,536,612,190 | 11 | 7 |
It sounds to me like they are annoyed that you rented your place out to a hooker, and now they are trying to punish you financially for doing so by making a bogus argument that they need to change out all the keyfobs. The HOA bylaws may prohibit short term rentals, and may list the fines for various offenses, those fines usually start at like $50-$100 for a first offense, not $3200.
|
This sounds like pretty questionable behavior on the part of the Board. There need to be written rules and a violation policy in order for the Board to fine you. So if there's nothing in the Bylaws (or Covenants, Rules & Regs, etc.—check ALL the documents) prohibiting short-term rentals, they can't all of a sudden fine you for that. They can bill you for damage that a guest caused, but it has to be actual damage; "Your guest seemed sketchy, so now we have to replace all the locks" probably won't cut it. There might be a clause in one of the documents prohibiting illegal activities on the premises, but they'd need to have some sort of evidence it actually took place. And again, apart from actual damages, they have to follow your written violation policy. The Board can't just pull a fine amount out of its collective ass. It could be that the Board, or a faction on the Board, really wants to restrict short-term rentals, but they don't actually have the power to do so under the Covenants and Bylaws. So their trying to intimidate owners instead. Read all the documents, know what the Board's powers are, and at the meeting, insist that they fully justify any fine or damage assessment. If you think they're overstepping what the documents let them do, get a lawyer.
| 1 | 25,747 | 1.571429 |
9eox5t
|
legaladvice_train
| 0.92 |
$3000+ fine for Air BnB guests (CO) I live in a condo (that I own) in a building with an HOA. Recently I had someone stay in my condo via Air BnB, while I was out of town. When I got back, several of my neighbors informed me that there were strange dudes in and out of the building the whole time the guest was there- it’s likely that she was escorting or doing something shady out of my condo. I called her to ask for an explanation, and of course she denied it, saying she just had a few friends over. I later got a call from a blocked number, and some guy told me to never contact her again. He didn’t directly threaten me, but he was obviously trying to sound intimidating. I contacted air bnb to make a complaint, and I’m having my locks changed. Then today, I got a notice that I need to “appear before the HOA board”, and an itemized bill for $3200 to change the key fobs for the front door for all 16 units, and mention of a tbd fine for violating HOA by-laws, which I guess will be decided at the meeting. In the by-laws it does not say anything about air bnb, but it does say that residents must be responsible for their guests. I got the key fob back from the person, and there’s no proof that she made a copy- I don’t even know if it’s possible to do that. Am I really going to have to pay for this? Should I get a lawyer?
|
e5qy9fu
|
e5rlk85
| 1,536,616,094 | 1,536,637,937 | 7 | 11 |
Every CCR I've seen for condos mentions that you can't rent a unit out for transient purposes, and/or can't operate a business from it. Anything like that mentioned? This wipes out most AirBnB activity. And a paying person isn't considered a guest most likely.
|
It sounds to me like they are annoyed that you rented your place out to a hooker, and now they are trying to punish you financially for doing so by making a bogus argument that they need to change out all the keyfobs. The HOA bylaws may prohibit short term rentals, and may list the fines for various offenses, those fines usually start at like $50-$100 for a first offense, not $3200.
| 0 | 21,843 | 1.571429 |
9eox5t
|
legaladvice_train
| 0.92 |
$3000+ fine for Air BnB guests (CO) I live in a condo (that I own) in a building with an HOA. Recently I had someone stay in my condo via Air BnB, while I was out of town. When I got back, several of my neighbors informed me that there were strange dudes in and out of the building the whole time the guest was there- it’s likely that she was escorting or doing something shady out of my condo. I called her to ask for an explanation, and of course she denied it, saying she just had a few friends over. I later got a call from a blocked number, and some guy told me to never contact her again. He didn’t directly threaten me, but he was obviously trying to sound intimidating. I contacted air bnb to make a complaint, and I’m having my locks changed. Then today, I got a notice that I need to “appear before the HOA board”, and an itemized bill for $3200 to change the key fobs for the front door for all 16 units, and mention of a tbd fine for violating HOA by-laws, which I guess will be decided at the meeting. In the by-laws it does not say anything about air bnb, but it does say that residents must be responsible for their guests. I got the key fob back from the person, and there’s no proof that she made a copy- I don’t even know if it’s possible to do that. Am I really going to have to pay for this? Should I get a lawyer?
|
e5qrkd2
|
e5rlk85
| 1,536,610,494 | 1,536,637,937 | 5 | 11 |
Outside of the HOA rules, were you in violation of any local laws? In the last 18 months several cities/counties in Colorado have started regulating short-terms rentals -- for example some places (notably Denver) now require hosts to have a business license. Check your own county's website, you may be facing additional fines -- and additional ammo from the condo board.
|
It sounds to me like they are annoyed that you rented your place out to a hooker, and now they are trying to punish you financially for doing so by making a bogus argument that they need to change out all the keyfobs. The HOA bylaws may prohibit short term rentals, and may list the fines for various offenses, those fines usually start at like $50-$100 for a first offense, not $3200.
| 0 | 27,443 | 2.2 |
9eox5t
|
legaladvice_train
| 0.92 |
$3000+ fine for Air BnB guests (CO) I live in a condo (that I own) in a building with an HOA. Recently I had someone stay in my condo via Air BnB, while I was out of town. When I got back, several of my neighbors informed me that there were strange dudes in and out of the building the whole time the guest was there- it’s likely that she was escorting or doing something shady out of my condo. I called her to ask for an explanation, and of course she denied it, saying she just had a few friends over. I later got a call from a blocked number, and some guy told me to never contact her again. He didn’t directly threaten me, but he was obviously trying to sound intimidating. I contacted air bnb to make a complaint, and I’m having my locks changed. Then today, I got a notice that I need to “appear before the HOA board”, and an itemized bill for $3200 to change the key fobs for the front door for all 16 units, and mention of a tbd fine for violating HOA by-laws, which I guess will be decided at the meeting. In the by-laws it does not say anything about air bnb, but it does say that residents must be responsible for their guests. I got the key fob back from the person, and there’s no proof that she made a copy- I don’t even know if it’s possible to do that. Am I really going to have to pay for this? Should I get a lawyer?
|
e5qsyc4
|
e5rlk85
| 1,536,611,620 | 1,536,637,937 | 2 | 11 |
do you have a copy of your bylaws? you should look to see if it prohibits short-term rentals, or if it prohibits "commercial" or "non-residential" uses. if it's the latter, then your argument could be that short term rentals are in fact a residential use. I know it's not CO, but it's close: Supreme Court of Texas- Tarr v Timberwood Park Owners Association
|
It sounds to me like they are annoyed that you rented your place out to a hooker, and now they are trying to punish you financially for doing so by making a bogus argument that they need to change out all the keyfobs. The HOA bylaws may prohibit short term rentals, and may list the fines for various offenses, those fines usually start at like $50-$100 for a first offense, not $3200.
| 0 | 26,317 | 5.5 |
9eox5t
|
legaladvice_train
| 0.92 |
$3000+ fine for Air BnB guests (CO) I live in a condo (that I own) in a building with an HOA. Recently I had someone stay in my condo via Air BnB, while I was out of town. When I got back, several of my neighbors informed me that there were strange dudes in and out of the building the whole time the guest was there- it’s likely that she was escorting or doing something shady out of my condo. I called her to ask for an explanation, and of course she denied it, saying she just had a few friends over. I later got a call from a blocked number, and some guy told me to never contact her again. He didn’t directly threaten me, but he was obviously trying to sound intimidating. I contacted air bnb to make a complaint, and I’m having my locks changed. Then today, I got a notice that I need to “appear before the HOA board”, and an itemized bill for $3200 to change the key fobs for the front door for all 16 units, and mention of a tbd fine for violating HOA by-laws, which I guess will be decided at the meeting. In the by-laws it does not say anything about air bnb, but it does say that residents must be responsible for their guests. I got the key fob back from the person, and there’s no proof that she made a copy- I don’t even know if it’s possible to do that. Am I really going to have to pay for this? Should I get a lawyer?
|
e5r8933
|
e5rlk85
| 1,536,625,495 | 1,536,637,937 | 4 | 11 |
Does the lease or HoA regulations mention anything about not being allowed to run a business from the premises? Do they have a clause about guests staying overnight?
|
It sounds to me like they are annoyed that you rented your place out to a hooker, and now they are trying to punish you financially for doing so by making a bogus argument that they need to change out all the keyfobs. The HOA bylaws may prohibit short term rentals, and may list the fines for various offenses, those fines usually start at like $50-$100 for a first offense, not $3200.
| 0 | 12,442 | 2.75 |
9eox5t
|
legaladvice_train
| 0.92 |
$3000+ fine for Air BnB guests (CO) I live in a condo (that I own) in a building with an HOA. Recently I had someone stay in my condo via Air BnB, while I was out of town. When I got back, several of my neighbors informed me that there were strange dudes in and out of the building the whole time the guest was there- it’s likely that she was escorting or doing something shady out of my condo. I called her to ask for an explanation, and of course she denied it, saying she just had a few friends over. I later got a call from a blocked number, and some guy told me to never contact her again. He didn’t directly threaten me, but he was obviously trying to sound intimidating. I contacted air bnb to make a complaint, and I’m having my locks changed. Then today, I got a notice that I need to “appear before the HOA board”, and an itemized bill for $3200 to change the key fobs for the front door for all 16 units, and mention of a tbd fine for violating HOA by-laws, which I guess will be decided at the meeting. In the by-laws it does not say anything about air bnb, but it does say that residents must be responsible for their guests. I got the key fob back from the person, and there’s no proof that she made a copy- I don’t even know if it’s possible to do that. Am I really going to have to pay for this? Should I get a lawyer?
|
e5rfpp6
|
e5rlk85
| 1,536,632,143 | 1,536,637,937 | 6 | 11 |
Write a letter back stating you had a guest and you still have your original keys so there has been no violation. Say they have not shown which rule you broke to justify a fine. Don't say anything about airbnb. If you talk to them in person don't say anything about airbnb, just say it was a friend of a friend that needed a place to stay with short notice and they won't be back. Show that you have the original key. RFID keys can't be cloned by cheap or simple means, if at all. So there is zero reason to change them out. I will say you should Google the model number of your RFID key. It probably cost less than $10 a key for a bad price and probably less than $5. Even if $10 that is only $160 for new keys. Programing all those keys would take less than 10 minutes of work. So even if they won't drop it you could offer $200 to replace all the keys. That would be way more then generous. But in reality they can just deactivate just your key only and make you buy a new one for $10. Your RFID key has no effect on anyone elses unique key.
|
It sounds to me like they are annoyed that you rented your place out to a hooker, and now they are trying to punish you financially for doing so by making a bogus argument that they need to change out all the keyfobs. The HOA bylaws may prohibit short term rentals, and may list the fines for various offenses, those fines usually start at like $50-$100 for a first offense, not $3200.
| 0 | 5,794 | 1.833333 |
9eox5t
|
legaladvice_train
| 0.92 |
$3000+ fine for Air BnB guests (CO) I live in a condo (that I own) in a building with an HOA. Recently I had someone stay in my condo via Air BnB, while I was out of town. When I got back, several of my neighbors informed me that there were strange dudes in and out of the building the whole time the guest was there- it’s likely that she was escorting or doing something shady out of my condo. I called her to ask for an explanation, and of course she denied it, saying she just had a few friends over. I later got a call from a blocked number, and some guy told me to never contact her again. He didn’t directly threaten me, but he was obviously trying to sound intimidating. I contacted air bnb to make a complaint, and I’m having my locks changed. Then today, I got a notice that I need to “appear before the HOA board”, and an itemized bill for $3200 to change the key fobs for the front door for all 16 units, and mention of a tbd fine for violating HOA by-laws, which I guess will be decided at the meeting. In the by-laws it does not say anything about air bnb, but it does say that residents must be responsible for their guests. I got the key fob back from the person, and there’s no proof that she made a copy- I don’t even know if it’s possible to do that. Am I really going to have to pay for this? Should I get a lawyer?
|
e5rlk85
|
e5r2s3h
| 1,536,637,937 | 1,536,620,339 | 11 | 2 |
It sounds to me like they are annoyed that you rented your place out to a hooker, and now they are trying to punish you financially for doing so by making a bogus argument that they need to change out all the keyfobs. The HOA bylaws may prohibit short term rentals, and may list the fines for various offenses, those fines usually start at like $50-$100 for a first offense, not $3200.
|
I recommend hiring an attorney to fight the bill and the fine. You have to look at this as damage control, and the goal is to limit what you end up paying the HOA.
| 1 | 17,598 | 5.5 |
9eox5t
|
legaladvice_train
| 0.92 |
$3000+ fine for Air BnB guests (CO) I live in a condo (that I own) in a building with an HOA. Recently I had someone stay in my condo via Air BnB, while I was out of town. When I got back, several of my neighbors informed me that there were strange dudes in and out of the building the whole time the guest was there- it’s likely that she was escorting or doing something shady out of my condo. I called her to ask for an explanation, and of course she denied it, saying she just had a few friends over. I later got a call from a blocked number, and some guy told me to never contact her again. He didn’t directly threaten me, but he was obviously trying to sound intimidating. I contacted air bnb to make a complaint, and I’m having my locks changed. Then today, I got a notice that I need to “appear before the HOA board”, and an itemized bill for $3200 to change the key fobs for the front door for all 16 units, and mention of a tbd fine for violating HOA by-laws, which I guess will be decided at the meeting. In the by-laws it does not say anything about air bnb, but it does say that residents must be responsible for their guests. I got the key fob back from the person, and there’s no proof that she made a copy- I don’t even know if it’s possible to do that. Am I really going to have to pay for this? Should I get a lawyer?
|
e5qtnm5
|
e5qrkd2
| 1,536,612,190 | 1,536,610,494 | 7 | 5 |
This sounds like pretty questionable behavior on the part of the Board. There need to be written rules and a violation policy in order for the Board to fine you. So if there's nothing in the Bylaws (or Covenants, Rules & Regs, etc.—check ALL the documents) prohibiting short-term rentals, they can't all of a sudden fine you for that. They can bill you for damage that a guest caused, but it has to be actual damage; "Your guest seemed sketchy, so now we have to replace all the locks" probably won't cut it. There might be a clause in one of the documents prohibiting illegal activities on the premises, but they'd need to have some sort of evidence it actually took place. And again, apart from actual damages, they have to follow your written violation policy. The Board can't just pull a fine amount out of its collective ass. It could be that the Board, or a faction on the Board, really wants to restrict short-term rentals, but they don't actually have the power to do so under the Covenants and Bylaws. So their trying to intimidate owners instead. Read all the documents, know what the Board's powers are, and at the meeting, insist that they fully justify any fine or damage assessment. If you think they're overstepping what the documents let them do, get a lawyer.
|
Outside of the HOA rules, were you in violation of any local laws? In the last 18 months several cities/counties in Colorado have started regulating short-terms rentals -- for example some places (notably Denver) now require hosts to have a business license. Check your own county's website, you may be facing additional fines -- and additional ammo from the condo board.
| 1 | 1,696 | 1.4 |
9eox5t
|
legaladvice_train
| 0.92 |
$3000+ fine for Air BnB guests (CO) I live in a condo (that I own) in a building with an HOA. Recently I had someone stay in my condo via Air BnB, while I was out of town. When I got back, several of my neighbors informed me that there were strange dudes in and out of the building the whole time the guest was there- it’s likely that she was escorting or doing something shady out of my condo. I called her to ask for an explanation, and of course she denied it, saying she just had a few friends over. I later got a call from a blocked number, and some guy told me to never contact her again. He didn’t directly threaten me, but he was obviously trying to sound intimidating. I contacted air bnb to make a complaint, and I’m having my locks changed. Then today, I got a notice that I need to “appear before the HOA board”, and an itemized bill for $3200 to change the key fobs for the front door for all 16 units, and mention of a tbd fine for violating HOA by-laws, which I guess will be decided at the meeting. In the by-laws it does not say anything about air bnb, but it does say that residents must be responsible for their guests. I got the key fob back from the person, and there’s no proof that she made a copy- I don’t even know if it’s possible to do that. Am I really going to have to pay for this? Should I get a lawyer?
|
e5qtnm5
|
e5qsyc4
| 1,536,612,190 | 1,536,611,620 | 7 | 2 |
This sounds like pretty questionable behavior on the part of the Board. There need to be written rules and a violation policy in order for the Board to fine you. So if there's nothing in the Bylaws (or Covenants, Rules & Regs, etc.—check ALL the documents) prohibiting short-term rentals, they can't all of a sudden fine you for that. They can bill you for damage that a guest caused, but it has to be actual damage; "Your guest seemed sketchy, so now we have to replace all the locks" probably won't cut it. There might be a clause in one of the documents prohibiting illegal activities on the premises, but they'd need to have some sort of evidence it actually took place. And again, apart from actual damages, they have to follow your written violation policy. The Board can't just pull a fine amount out of its collective ass. It could be that the Board, or a faction on the Board, really wants to restrict short-term rentals, but they don't actually have the power to do so under the Covenants and Bylaws. So their trying to intimidate owners instead. Read all the documents, know what the Board's powers are, and at the meeting, insist that they fully justify any fine or damage assessment. If you think they're overstepping what the documents let them do, get a lawyer.
|
do you have a copy of your bylaws? you should look to see if it prohibits short-term rentals, or if it prohibits "commercial" or "non-residential" uses. if it's the latter, then your argument could be that short term rentals are in fact a residential use. I know it's not CO, but it's close: Supreme Court of Texas- Tarr v Timberwood Park Owners Association
| 1 | 570 | 3.5 |
9eox5t
|
legaladvice_train
| 0.92 |
$3000+ fine for Air BnB guests (CO) I live in a condo (that I own) in a building with an HOA. Recently I had someone stay in my condo via Air BnB, while I was out of town. When I got back, several of my neighbors informed me that there were strange dudes in and out of the building the whole time the guest was there- it’s likely that she was escorting or doing something shady out of my condo. I called her to ask for an explanation, and of course she denied it, saying she just had a few friends over. I later got a call from a blocked number, and some guy told me to never contact her again. He didn’t directly threaten me, but he was obviously trying to sound intimidating. I contacted air bnb to make a complaint, and I’m having my locks changed. Then today, I got a notice that I need to “appear before the HOA board”, and an itemized bill for $3200 to change the key fobs for the front door for all 16 units, and mention of a tbd fine for violating HOA by-laws, which I guess will be decided at the meeting. In the by-laws it does not say anything about air bnb, but it does say that residents must be responsible for their guests. I got the key fob back from the person, and there’s no proof that she made a copy- I don’t even know if it’s possible to do that. Am I really going to have to pay for this? Should I get a lawyer?
|
e5qy9fu
|
e5qrkd2
| 1,536,616,094 | 1,536,610,494 | 7 | 5 |
Every CCR I've seen for condos mentions that you can't rent a unit out for transient purposes, and/or can't operate a business from it. Anything like that mentioned? This wipes out most AirBnB activity. And a paying person isn't considered a guest most likely.
|
Outside of the HOA rules, were you in violation of any local laws? In the last 18 months several cities/counties in Colorado have started regulating short-terms rentals -- for example some places (notably Denver) now require hosts to have a business license. Check your own county's website, you may be facing additional fines -- and additional ammo from the condo board.
| 1 | 5,600 | 1.4 |
9eox5t
|
legaladvice_train
| 0.92 |
$3000+ fine for Air BnB guests (CO) I live in a condo (that I own) in a building with an HOA. Recently I had someone stay in my condo via Air BnB, while I was out of town. When I got back, several of my neighbors informed me that there were strange dudes in and out of the building the whole time the guest was there- it’s likely that she was escorting or doing something shady out of my condo. I called her to ask for an explanation, and of course she denied it, saying she just had a few friends over. I later got a call from a blocked number, and some guy told me to never contact her again. He didn’t directly threaten me, but he was obviously trying to sound intimidating. I contacted air bnb to make a complaint, and I’m having my locks changed. Then today, I got a notice that I need to “appear before the HOA board”, and an itemized bill for $3200 to change the key fobs for the front door for all 16 units, and mention of a tbd fine for violating HOA by-laws, which I guess will be decided at the meeting. In the by-laws it does not say anything about air bnb, but it does say that residents must be responsible for their guests. I got the key fob back from the person, and there’s no proof that she made a copy- I don’t even know if it’s possible to do that. Am I really going to have to pay for this? Should I get a lawyer?
|
e5qy9fu
|
e5qsyc4
| 1,536,616,094 | 1,536,611,620 | 7 | 2 |
Every CCR I've seen for condos mentions that you can't rent a unit out for transient purposes, and/or can't operate a business from it. Anything like that mentioned? This wipes out most AirBnB activity. And a paying person isn't considered a guest most likely.
|
do you have a copy of your bylaws? you should look to see if it prohibits short-term rentals, or if it prohibits "commercial" or "non-residential" uses. if it's the latter, then your argument could be that short term rentals are in fact a residential use. I know it's not CO, but it's close: Supreme Court of Texas- Tarr v Timberwood Park Owners Association
| 1 | 4,474 | 3.5 |
9eox5t
|
legaladvice_train
| 0.92 |
$3000+ fine for Air BnB guests (CO) I live in a condo (that I own) in a building with an HOA. Recently I had someone stay in my condo via Air BnB, while I was out of town. When I got back, several of my neighbors informed me that there were strange dudes in and out of the building the whole time the guest was there- it’s likely that she was escorting or doing something shady out of my condo. I called her to ask for an explanation, and of course she denied it, saying she just had a few friends over. I later got a call from a blocked number, and some guy told me to never contact her again. He didn’t directly threaten me, but he was obviously trying to sound intimidating. I contacted air bnb to make a complaint, and I’m having my locks changed. Then today, I got a notice that I need to “appear before the HOA board”, and an itemized bill for $3200 to change the key fobs for the front door for all 16 units, and mention of a tbd fine for violating HOA by-laws, which I guess will be decided at the meeting. In the by-laws it does not say anything about air bnb, but it does say that residents must be responsible for their guests. I got the key fob back from the person, and there’s no proof that she made a copy- I don’t even know if it’s possible to do that. Am I really going to have to pay for this? Should I get a lawyer?
|
e5rfpp6
|
e5qrkd2
| 1,536,632,143 | 1,536,610,494 | 6 | 5 |
Write a letter back stating you had a guest and you still have your original keys so there has been no violation. Say they have not shown which rule you broke to justify a fine. Don't say anything about airbnb. If you talk to them in person don't say anything about airbnb, just say it was a friend of a friend that needed a place to stay with short notice and they won't be back. Show that you have the original key. RFID keys can't be cloned by cheap or simple means, if at all. So there is zero reason to change them out. I will say you should Google the model number of your RFID key. It probably cost less than $10 a key for a bad price and probably less than $5. Even if $10 that is only $160 for new keys. Programing all those keys would take less than 10 minutes of work. So even if they won't drop it you could offer $200 to replace all the keys. That would be way more then generous. But in reality they can just deactivate just your key only and make you buy a new one for $10. Your RFID key has no effect on anyone elses unique key.
|
Outside of the HOA rules, were you in violation of any local laws? In the last 18 months several cities/counties in Colorado have started regulating short-terms rentals -- for example some places (notably Denver) now require hosts to have a business license. Check your own county's website, you may be facing additional fines -- and additional ammo from the condo board.
| 1 | 21,649 | 1.2 |
9eox5t
|
legaladvice_train
| 0.92 |
$3000+ fine for Air BnB guests (CO) I live in a condo (that I own) in a building with an HOA. Recently I had someone stay in my condo via Air BnB, while I was out of town. When I got back, several of my neighbors informed me that there were strange dudes in and out of the building the whole time the guest was there- it’s likely that she was escorting or doing something shady out of my condo. I called her to ask for an explanation, and of course she denied it, saying she just had a few friends over. I later got a call from a blocked number, and some guy told me to never contact her again. He didn’t directly threaten me, but he was obviously trying to sound intimidating. I contacted air bnb to make a complaint, and I’m having my locks changed. Then today, I got a notice that I need to “appear before the HOA board”, and an itemized bill for $3200 to change the key fobs for the front door for all 16 units, and mention of a tbd fine for violating HOA by-laws, which I guess will be decided at the meeting. In the by-laws it does not say anything about air bnb, but it does say that residents must be responsible for their guests. I got the key fob back from the person, and there’s no proof that she made a copy- I don’t even know if it’s possible to do that. Am I really going to have to pay for this? Should I get a lawyer?
|
e5r8933
|
e5qsyc4
| 1,536,625,495 | 1,536,611,620 | 4 | 2 |
Does the lease or HoA regulations mention anything about not being allowed to run a business from the premises? Do they have a clause about guests staying overnight?
|
do you have a copy of your bylaws? you should look to see if it prohibits short-term rentals, or if it prohibits "commercial" or "non-residential" uses. if it's the latter, then your argument could be that short term rentals are in fact a residential use. I know it's not CO, but it's close: Supreme Court of Texas- Tarr v Timberwood Park Owners Association
| 1 | 13,875 | 2 |
9eox5t
|
legaladvice_train
| 0.92 |
$3000+ fine for Air BnB guests (CO) I live in a condo (that I own) in a building with an HOA. Recently I had someone stay in my condo via Air BnB, while I was out of town. When I got back, several of my neighbors informed me that there were strange dudes in and out of the building the whole time the guest was there- it’s likely that she was escorting or doing something shady out of my condo. I called her to ask for an explanation, and of course she denied it, saying she just had a few friends over. I later got a call from a blocked number, and some guy told me to never contact her again. He didn’t directly threaten me, but he was obviously trying to sound intimidating. I contacted air bnb to make a complaint, and I’m having my locks changed. Then today, I got a notice that I need to “appear before the HOA board”, and an itemized bill for $3200 to change the key fobs for the front door for all 16 units, and mention of a tbd fine for violating HOA by-laws, which I guess will be decided at the meeting. In the by-laws it does not say anything about air bnb, but it does say that residents must be responsible for their guests. I got the key fob back from the person, and there’s no proof that she made a copy- I don’t even know if it’s possible to do that. Am I really going to have to pay for this? Should I get a lawyer?
|
e5rfpp6
|
e5qsyc4
| 1,536,632,143 | 1,536,611,620 | 6 | 2 |
Write a letter back stating you had a guest and you still have your original keys so there has been no violation. Say they have not shown which rule you broke to justify a fine. Don't say anything about airbnb. If you talk to them in person don't say anything about airbnb, just say it was a friend of a friend that needed a place to stay with short notice and they won't be back. Show that you have the original key. RFID keys can't be cloned by cheap or simple means, if at all. So there is zero reason to change them out. I will say you should Google the model number of your RFID key. It probably cost less than $10 a key for a bad price and probably less than $5. Even if $10 that is only $160 for new keys. Programing all those keys would take less than 10 minutes of work. So even if they won't drop it you could offer $200 to replace all the keys. That would be way more then generous. But in reality they can just deactivate just your key only and make you buy a new one for $10. Your RFID key has no effect on anyone elses unique key.
|
do you have a copy of your bylaws? you should look to see if it prohibits short-term rentals, or if it prohibits "commercial" or "non-residential" uses. if it's the latter, then your argument could be that short term rentals are in fact a residential use. I know it's not CO, but it's close: Supreme Court of Texas- Tarr v Timberwood Park Owners Association
| 1 | 20,523 | 3 |
9eox5t
|
legaladvice_train
| 0.92 |
$3000+ fine for Air BnB guests (CO) I live in a condo (that I own) in a building with an HOA. Recently I had someone stay in my condo via Air BnB, while I was out of town. When I got back, several of my neighbors informed me that there were strange dudes in and out of the building the whole time the guest was there- it’s likely that she was escorting or doing something shady out of my condo. I called her to ask for an explanation, and of course she denied it, saying she just had a few friends over. I later got a call from a blocked number, and some guy told me to never contact her again. He didn’t directly threaten me, but he was obviously trying to sound intimidating. I contacted air bnb to make a complaint, and I’m having my locks changed. Then today, I got a notice that I need to “appear before the HOA board”, and an itemized bill for $3200 to change the key fobs for the front door for all 16 units, and mention of a tbd fine for violating HOA by-laws, which I guess will be decided at the meeting. In the by-laws it does not say anything about air bnb, but it does say that residents must be responsible for their guests. I got the key fob back from the person, and there’s no proof that she made a copy- I don’t even know if it’s possible to do that. Am I really going to have to pay for this? Should I get a lawyer?
|
e5rfpp6
|
e5r8933
| 1,536,632,143 | 1,536,625,495 | 6 | 4 |
Write a letter back stating you had a guest and you still have your original keys so there has been no violation. Say they have not shown which rule you broke to justify a fine. Don't say anything about airbnb. If you talk to them in person don't say anything about airbnb, just say it was a friend of a friend that needed a place to stay with short notice and they won't be back. Show that you have the original key. RFID keys can't be cloned by cheap or simple means, if at all. So there is zero reason to change them out. I will say you should Google the model number of your RFID key. It probably cost less than $10 a key for a bad price and probably less than $5. Even if $10 that is only $160 for new keys. Programing all those keys would take less than 10 minutes of work. So even if they won't drop it you could offer $200 to replace all the keys. That would be way more then generous. But in reality they can just deactivate just your key only and make you buy a new one for $10. Your RFID key has no effect on anyone elses unique key.
|
Does the lease or HoA regulations mention anything about not being allowed to run a business from the premises? Do they have a clause about guests staying overnight?
| 1 | 6,648 | 1.5 |
9eox5t
|
legaladvice_train
| 0.92 |
$3000+ fine for Air BnB guests (CO) I live in a condo (that I own) in a building with an HOA. Recently I had someone stay in my condo via Air BnB, while I was out of town. When I got back, several of my neighbors informed me that there were strange dudes in and out of the building the whole time the guest was there- it’s likely that she was escorting or doing something shady out of my condo. I called her to ask for an explanation, and of course she denied it, saying she just had a few friends over. I later got a call from a blocked number, and some guy told me to never contact her again. He didn’t directly threaten me, but he was obviously trying to sound intimidating. I contacted air bnb to make a complaint, and I’m having my locks changed. Then today, I got a notice that I need to “appear before the HOA board”, and an itemized bill for $3200 to change the key fobs for the front door for all 16 units, and mention of a tbd fine for violating HOA by-laws, which I guess will be decided at the meeting. In the by-laws it does not say anything about air bnb, but it does say that residents must be responsible for their guests. I got the key fob back from the person, and there’s no proof that she made a copy- I don’t even know if it’s possible to do that. Am I really going to have to pay for this? Should I get a lawyer?
|
e5r2s3h
|
e5r8933
| 1,536,620,339 | 1,536,625,495 | 2 | 4 |
I recommend hiring an attorney to fight the bill and the fine. You have to look at this as damage control, and the goal is to limit what you end up paying the HOA.
|
Does the lease or HoA regulations mention anything about not being allowed to run a business from the premises? Do they have a clause about guests staying overnight?
| 0 | 5,156 | 2 |
9eox5t
|
legaladvice_train
| 0.92 |
$3000+ fine for Air BnB guests (CO) I live in a condo (that I own) in a building with an HOA. Recently I had someone stay in my condo via Air BnB, while I was out of town. When I got back, several of my neighbors informed me that there were strange dudes in and out of the building the whole time the guest was there- it’s likely that she was escorting or doing something shady out of my condo. I called her to ask for an explanation, and of course she denied it, saying she just had a few friends over. I later got a call from a blocked number, and some guy told me to never contact her again. He didn’t directly threaten me, but he was obviously trying to sound intimidating. I contacted air bnb to make a complaint, and I’m having my locks changed. Then today, I got a notice that I need to “appear before the HOA board”, and an itemized bill for $3200 to change the key fobs for the front door for all 16 units, and mention of a tbd fine for violating HOA by-laws, which I guess will be decided at the meeting. In the by-laws it does not say anything about air bnb, but it does say that residents must be responsible for their guests. I got the key fob back from the person, and there’s no proof that she made a copy- I don’t even know if it’s possible to do that. Am I really going to have to pay for this? Should I get a lawyer?
|
e5r2s3h
|
e5rfpp6
| 1,536,620,339 | 1,536,632,143 | 2 | 6 |
I recommend hiring an attorney to fight the bill and the fine. You have to look at this as damage control, and the goal is to limit what you end up paying the HOA.
|
Write a letter back stating you had a guest and you still have your original keys so there has been no violation. Say they have not shown which rule you broke to justify a fine. Don't say anything about airbnb. If you talk to them in person don't say anything about airbnb, just say it was a friend of a friend that needed a place to stay with short notice and they won't be back. Show that you have the original key. RFID keys can't be cloned by cheap or simple means, if at all. So there is zero reason to change them out. I will say you should Google the model number of your RFID key. It probably cost less than $10 a key for a bad price and probably less than $5. Even if $10 that is only $160 for new keys. Programing all those keys would take less than 10 minutes of work. So even if they won't drop it you could offer $200 to replace all the keys. That would be way more then generous. But in reality they can just deactivate just your key only and make you buy a new one for $10. Your RFID key has no effect on anyone elses unique key.
| 0 | 11,804 | 3 |
rykkf9
|
legaladvice_train
| 0.98 |
My former employer put a “restrictive endorsement” on my final paycheck. Is there anything I can do? TN] I recently left my sales position with a local car dealership here in Tennessee on January 3rd. For the whole year I was working there, I had always received my paycheck via direct deposit. Today, January 7th, I was informed that I would need to come in and receive my paycheck in person. I thought that was a little odd and was a mild inconvenience but I said whatever and went and picked up my check. As a side note, this check does not actually represent my last paycheck as this was for the pay period ending on 01/02, and I had one last car sale on 01/03, my last day with the company (more on this later). After arriving home and opening my check, I see that there is an ink stamp over the usual “endorse here” portion on the back of the paycheck. The full text reads as follows: “The undersigned payee(s) accept(s) the amount of this payment as full and final settlement of all claims, whether known or unknown, which payee(s) claim(s) against ‘employer’, their affiliates, their agents, employees, successors and assigns, arising from all goods and services prior to the date shown. The release reserves all rights of ‘employer’ their affiliates, their agents, employees, successors and assigns, to pursue legal remedies, if any, against such payee(s). The undersigned further acknowledge(s) that (s)he (they) have (has) read herein and fully understands it’s contents.” Here is a picture of it for [reference It should be mentioned that I have never shown intention to file a complaint against them and there isn’t an ongoing case (as far as I know lol). I suppose my first question is, is this legal??Secondly, I have one last sale to be paid out on January 14th amounting to about $2,500. If I sign for this check, am I waiving my right to the next and final paycheck? The verbiage makes me think this is the case… Lastly, is there any recourse as far as showing that the stamp is not legally binding? I’m half tempted to just sign the portion above the stamp and claim I never signed their agreement but I really don’t want to lose out on my next check. Any advice or info would be greatly appreciated, thanks in advance!! tldr: I quit my job and my employer placed a waiver and release of claims on my paycheck that I need to sign in order to cash the check.
|
hrpf0gc
|
hrpf8xp
| 1,641,597,699 | 1,641,597,793 | 83 | 1,128 |
Usually you can deposit a check by just writing the account number as the endorsment. If the check is made out to you and it's your name on the account, most banks will accept this. Then you would not be signing anything. You might want to cross out all of their nonsense as well.
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An employer cannot condition your paycheck, final or otherwise, on you releasing claims against them. I would not sign this. I recommend contacting them *in writing* and demanding your owed wages, absent any waiver of claims. If they want you to waive potential claims, they can pay you extra (severance) like everyone else.
| 0 | 94 | 13.590361 |
rykkf9
|
legaladvice_train
| 0.98 |
My former employer put a “restrictive endorsement” on my final paycheck. Is there anything I can do? TN] I recently left my sales position with a local car dealership here in Tennessee on January 3rd. For the whole year I was working there, I had always received my paycheck via direct deposit. Today, January 7th, I was informed that I would need to come in and receive my paycheck in person. I thought that was a little odd and was a mild inconvenience but I said whatever and went and picked up my check. As a side note, this check does not actually represent my last paycheck as this was for the pay period ending on 01/02, and I had one last car sale on 01/03, my last day with the company (more on this later). After arriving home and opening my check, I see that there is an ink stamp over the usual “endorse here” portion on the back of the paycheck. The full text reads as follows: “The undersigned payee(s) accept(s) the amount of this payment as full and final settlement of all claims, whether known or unknown, which payee(s) claim(s) against ‘employer’, their affiliates, their agents, employees, successors and assigns, arising from all goods and services prior to the date shown. The release reserves all rights of ‘employer’ their affiliates, their agents, employees, successors and assigns, to pursue legal remedies, if any, against such payee(s). The undersigned further acknowledge(s) that (s)he (they) have (has) read herein and fully understands it’s contents.” Here is a picture of it for [reference It should be mentioned that I have never shown intention to file a complaint against them and there isn’t an ongoing case (as far as I know lol). I suppose my first question is, is this legal??Secondly, I have one last sale to be paid out on January 14th amounting to about $2,500. If I sign for this check, am I waiving my right to the next and final paycheck? The verbiage makes me think this is the case… Lastly, is there any recourse as far as showing that the stamp is not legally binding? I’m half tempted to just sign the portion above the stamp and claim I never signed their agreement but I really don’t want to lose out on my next check. Any advice or info would be greatly appreciated, thanks in advance!! tldr: I quit my job and my employer placed a waiver and release of claims on my paycheck that I need to sign in order to cash the check.
|
hrpf0gc
|
hrqej9i
| 1,641,597,699 | 1,641,612,998 | 83 | 189 |
Usually you can deposit a check by just writing the account number as the endorsment. If the check is made out to you and it's your name on the account, most banks will accept this. Then you would not be signing anything. You might want to cross out all of their nonsense as well.
|
Not a lawyer but I've worked as a retail banker for multiple banks. All banks I have worked for do not accept restrictive endorsements like this for deposit as the bank cannot verify or enforce any of what is restricted. Even if you did sign the check it is highly likely your bank wouldn't even accept it.
| 0 | 15,299 | 2.277108 |
rykkf9
|
legaladvice_train
| 0.98 |
My former employer put a “restrictive endorsement” on my final paycheck. Is there anything I can do? TN] I recently left my sales position with a local car dealership here in Tennessee on January 3rd. For the whole year I was working there, I had always received my paycheck via direct deposit. Today, January 7th, I was informed that I would need to come in and receive my paycheck in person. I thought that was a little odd and was a mild inconvenience but I said whatever and went and picked up my check. As a side note, this check does not actually represent my last paycheck as this was for the pay period ending on 01/02, and I had one last car sale on 01/03, my last day with the company (more on this later). After arriving home and opening my check, I see that there is an ink stamp over the usual “endorse here” portion on the back of the paycheck. The full text reads as follows: “The undersigned payee(s) accept(s) the amount of this payment as full and final settlement of all claims, whether known or unknown, which payee(s) claim(s) against ‘employer’, their affiliates, their agents, employees, successors and assigns, arising from all goods and services prior to the date shown. The release reserves all rights of ‘employer’ their affiliates, their agents, employees, successors and assigns, to pursue legal remedies, if any, against such payee(s). The undersigned further acknowledge(s) that (s)he (they) have (has) read herein and fully understands it’s contents.” Here is a picture of it for [reference It should be mentioned that I have never shown intention to file a complaint against them and there isn’t an ongoing case (as far as I know lol). I suppose my first question is, is this legal??Secondly, I have one last sale to be paid out on January 14th amounting to about $2,500. If I sign for this check, am I waiving my right to the next and final paycheck? The verbiage makes me think this is the case… Lastly, is there any recourse as far as showing that the stamp is not legally binding? I’m half tempted to just sign the portion above the stamp and claim I never signed their agreement but I really don’t want to lose out on my next check. Any advice or info would be greatly appreciated, thanks in advance!! tldr: I quit my job and my employer placed a waiver and release of claims on my paycheck that I need to sign in order to cash the check.
|
hrqej9i
|
hrq0f1g
| 1,641,612,998 | 1,641,606,693 | 189 | 63 |
Not a lawyer but I've worked as a retail banker for multiple banks. All banks I have worked for do not accept restrictive endorsements like this for deposit as the bank cannot verify or enforce any of what is restricted. Even if you did sign the check it is highly likely your bank wouldn't even accept it.
|
The correct term to write on your endorsement is “under protest”. I am a lawyer. Also u/pure-applesauce is correct in that wages cannot be held and there is no consideration paid for the release. Your paycheck has already been earned and to the extent there is a “contract” argued by the dealer, the contract fails for lack of consideration, among other things.
| 1 | 6,305 | 3 |
rykkf9
|
legaladvice_train
| 0.98 |
My former employer put a “restrictive endorsement” on my final paycheck. Is there anything I can do? TN] I recently left my sales position with a local car dealership here in Tennessee on January 3rd. For the whole year I was working there, I had always received my paycheck via direct deposit. Today, January 7th, I was informed that I would need to come in and receive my paycheck in person. I thought that was a little odd and was a mild inconvenience but I said whatever and went and picked up my check. As a side note, this check does not actually represent my last paycheck as this was for the pay period ending on 01/02, and I had one last car sale on 01/03, my last day with the company (more on this later). After arriving home and opening my check, I see that there is an ink stamp over the usual “endorse here” portion on the back of the paycheck. The full text reads as follows: “The undersigned payee(s) accept(s) the amount of this payment as full and final settlement of all claims, whether known or unknown, which payee(s) claim(s) against ‘employer’, their affiliates, their agents, employees, successors and assigns, arising from all goods and services prior to the date shown. The release reserves all rights of ‘employer’ their affiliates, their agents, employees, successors and assigns, to pursue legal remedies, if any, against such payee(s). The undersigned further acknowledge(s) that (s)he (they) have (has) read herein and fully understands it’s contents.” Here is a picture of it for [reference It should be mentioned that I have never shown intention to file a complaint against them and there isn’t an ongoing case (as far as I know lol). I suppose my first question is, is this legal??Secondly, I have one last sale to be paid out on January 14th amounting to about $2,500. If I sign for this check, am I waiving my right to the next and final paycheck? The verbiage makes me think this is the case… Lastly, is there any recourse as far as showing that the stamp is not legally binding? I’m half tempted to just sign the portion above the stamp and claim I never signed their agreement but I really don’t want to lose out on my next check. Any advice or info would be greatly appreciated, thanks in advance!! tldr: I quit my job and my employer placed a waiver and release of claims on my paycheck that I need to sign in order to cash the check.
|
hrpf0gc
|
hrqpe6d
| 1,641,597,699 | 1,641,618,444 | 83 | 155 |
Usually you can deposit a check by just writing the account number as the endorsment. If the check is made out to you and it's your name on the account, most banks will accept this. Then you would not be signing anything. You might want to cross out all of their nonsense as well.
|
He's trying to turn your cashing of the check into something called an "accord and satisfaction". For that to fly, the money he is paying you has to be for a genuinely disputed claim. Since it's your paycheck, that you worked for, it doesn't seem like he has any good faith bona fide dispute of your wages or salary. So you can cash the check and then come back later and sue him for grabbing your ass and making you have nightmares or whatever. You can read more here: https://law.justia.com/codes/tennessee/2010/title-47/chapter-3/part-3/47-3-311
| 0 | 20,745 | 1.86747 |
rykkf9
|
legaladvice_train
| 0.98 |
My former employer put a “restrictive endorsement” on my final paycheck. Is there anything I can do? TN] I recently left my sales position with a local car dealership here in Tennessee on January 3rd. For the whole year I was working there, I had always received my paycheck via direct deposit. Today, January 7th, I was informed that I would need to come in and receive my paycheck in person. I thought that was a little odd and was a mild inconvenience but I said whatever and went and picked up my check. As a side note, this check does not actually represent my last paycheck as this was for the pay period ending on 01/02, and I had one last car sale on 01/03, my last day with the company (more on this later). After arriving home and opening my check, I see that there is an ink stamp over the usual “endorse here” portion on the back of the paycheck. The full text reads as follows: “The undersigned payee(s) accept(s) the amount of this payment as full and final settlement of all claims, whether known or unknown, which payee(s) claim(s) against ‘employer’, their affiliates, their agents, employees, successors and assigns, arising from all goods and services prior to the date shown. The release reserves all rights of ‘employer’ their affiliates, their agents, employees, successors and assigns, to pursue legal remedies, if any, against such payee(s). The undersigned further acknowledge(s) that (s)he (they) have (has) read herein and fully understands it’s contents.” Here is a picture of it for [reference It should be mentioned that I have never shown intention to file a complaint against them and there isn’t an ongoing case (as far as I know lol). I suppose my first question is, is this legal??Secondly, I have one last sale to be paid out on January 14th amounting to about $2,500. If I sign for this check, am I waiving my right to the next and final paycheck? The verbiage makes me think this is the case… Lastly, is there any recourse as far as showing that the stamp is not legally binding? I’m half tempted to just sign the portion above the stamp and claim I never signed their agreement but I really don’t want to lose out on my next check. Any advice or info would be greatly appreciated, thanks in advance!! tldr: I quit my job and my employer placed a waiver and release of claims on my paycheck that I need to sign in order to cash the check.
|
hrqpe6d
|
hrq0f1g
| 1,641,618,444 | 1,641,606,693 | 155 | 63 |
He's trying to turn your cashing of the check into something called an "accord and satisfaction". For that to fly, the money he is paying you has to be for a genuinely disputed claim. Since it's your paycheck, that you worked for, it doesn't seem like he has any good faith bona fide dispute of your wages or salary. So you can cash the check and then come back later and sue him for grabbing your ass and making you have nightmares or whatever. You can read more here: https://law.justia.com/codes/tennessee/2010/title-47/chapter-3/part-3/47-3-311
|
The correct term to write on your endorsement is “under protest”. I am a lawyer. Also u/pure-applesauce is correct in that wages cannot be held and there is no consideration paid for the release. Your paycheck has already been earned and to the extent there is a “contract” argued by the dealer, the contract fails for lack of consideration, among other things.
| 1 | 11,751 | 2.460317 |
rykkf9
|
legaladvice_train
| 0.98 |
My former employer put a “restrictive endorsement” on my final paycheck. Is there anything I can do? TN] I recently left my sales position with a local car dealership here in Tennessee on January 3rd. For the whole year I was working there, I had always received my paycheck via direct deposit. Today, January 7th, I was informed that I would need to come in and receive my paycheck in person. I thought that was a little odd and was a mild inconvenience but I said whatever and went and picked up my check. As a side note, this check does not actually represent my last paycheck as this was for the pay period ending on 01/02, and I had one last car sale on 01/03, my last day with the company (more on this later). After arriving home and opening my check, I see that there is an ink stamp over the usual “endorse here” portion on the back of the paycheck. The full text reads as follows: “The undersigned payee(s) accept(s) the amount of this payment as full and final settlement of all claims, whether known or unknown, which payee(s) claim(s) against ‘employer’, their affiliates, their agents, employees, successors and assigns, arising from all goods and services prior to the date shown. The release reserves all rights of ‘employer’ their affiliates, their agents, employees, successors and assigns, to pursue legal remedies, if any, against such payee(s). The undersigned further acknowledge(s) that (s)he (they) have (has) read herein and fully understands it’s contents.” Here is a picture of it for [reference It should be mentioned that I have never shown intention to file a complaint against them and there isn’t an ongoing case (as far as I know lol). I suppose my first question is, is this legal??Secondly, I have one last sale to be paid out on January 14th amounting to about $2,500. If I sign for this check, am I waiving my right to the next and final paycheck? The verbiage makes me think this is the case… Lastly, is there any recourse as far as showing that the stamp is not legally binding? I’m half tempted to just sign the portion above the stamp and claim I never signed their agreement but I really don’t want to lose out on my next check. Any advice or info would be greatly appreciated, thanks in advance!! tldr: I quit my job and my employer placed a waiver and release of claims on my paycheck that I need to sign in order to cash the check.
|
hrqwer2
|
hrqz5co
| 1,641,622,451 | 1,641,624,212 | 21 | 58 |
you usually have 90 days to cash a check. if you can, wait till you get your final paycheck before cashing this one.
|
You need to ignore all the advice on cashing this check that does not come from an attorney licensed in Tennessee who can give you specific advice on Tennessee law as to the validity of restrictive endorsement language on a check in Tennessee. IHowever, I think it is clear that this is improper for a paycheck, and you are entitled to a clean paycheck, and until they give you a clean paycheck for all they owe you they have not paid you. You should be able to find Tennessee wage lawyers who should drool to pursue a wage claim for you if you are not paid your final two paychecks. As to my first paragraph, for instance, under Utah law signing a check with a clear restrictive endorsement accepts the language as a contract, and crossing out the language, or depositing it, still constitutes accepting the language. The law on this varies state to state, so you should not take the advice of anyone without specific knowledge of Tennessee law as to what the effect of cashing the check with a restrictive endorsement would be. Also, you can't read the dealership's mind as to whether they think that you waiving all claims makes them think they don't need to pay you for your last sale, and you don't need that delay. Ask for a clean check. (and google final paycheck law in Tennessee as suggested).
| 0 | 1,761 | 2.761905 |
rykkf9
|
legaladvice_train
| 0.98 |
My former employer put a “restrictive endorsement” on my final paycheck. Is there anything I can do? TN] I recently left my sales position with a local car dealership here in Tennessee on January 3rd. For the whole year I was working there, I had always received my paycheck via direct deposit. Today, January 7th, I was informed that I would need to come in and receive my paycheck in person. I thought that was a little odd and was a mild inconvenience but I said whatever and went and picked up my check. As a side note, this check does not actually represent my last paycheck as this was for the pay period ending on 01/02, and I had one last car sale on 01/03, my last day with the company (more on this later). After arriving home and opening my check, I see that there is an ink stamp over the usual “endorse here” portion on the back of the paycheck. The full text reads as follows: “The undersigned payee(s) accept(s) the amount of this payment as full and final settlement of all claims, whether known or unknown, which payee(s) claim(s) against ‘employer’, their affiliates, their agents, employees, successors and assigns, arising from all goods and services prior to the date shown. The release reserves all rights of ‘employer’ their affiliates, their agents, employees, successors and assigns, to pursue legal remedies, if any, against such payee(s). The undersigned further acknowledge(s) that (s)he (they) have (has) read herein and fully understands it’s contents.” Here is a picture of it for [reference It should be mentioned that I have never shown intention to file a complaint against them and there isn’t an ongoing case (as far as I know lol). I suppose my first question is, is this legal??Secondly, I have one last sale to be paid out on January 14th amounting to about $2,500. If I sign for this check, am I waiving my right to the next and final paycheck? The verbiage makes me think this is the case… Lastly, is there any recourse as far as showing that the stamp is not legally binding? I’m half tempted to just sign the portion above the stamp and claim I never signed their agreement but I really don’t want to lose out on my next check. Any advice or info would be greatly appreciated, thanks in advance!! tldr: I quit my job and my employer placed a waiver and release of claims on my paycheck that I need to sign in order to cash the check.
|
hrqvbgz
|
hrqz5co
| 1,641,621,784 | 1,641,624,212 | 7 | 58 |
Do not sign that !!!!
|
You need to ignore all the advice on cashing this check that does not come from an attorney licensed in Tennessee who can give you specific advice on Tennessee law as to the validity of restrictive endorsement language on a check in Tennessee. IHowever, I think it is clear that this is improper for a paycheck, and you are entitled to a clean paycheck, and until they give you a clean paycheck for all they owe you they have not paid you. You should be able to find Tennessee wage lawyers who should drool to pursue a wage claim for you if you are not paid your final two paychecks. As to my first paragraph, for instance, under Utah law signing a check with a clear restrictive endorsement accepts the language as a contract, and crossing out the language, or depositing it, still constitutes accepting the language. The law on this varies state to state, so you should not take the advice of anyone without specific knowledge of Tennessee law as to what the effect of cashing the check with a restrictive endorsement would be. Also, you can't read the dealership's mind as to whether they think that you waiving all claims makes them think they don't need to pay you for your last sale, and you don't need that delay. Ask for a clean check. (and google final paycheck law in Tennessee as suggested).
| 0 | 2,428 | 8.285714 |
rykkf9
|
legaladvice_train
| 0.98 |
My former employer put a “restrictive endorsement” on my final paycheck. Is there anything I can do? TN] I recently left my sales position with a local car dealership here in Tennessee on January 3rd. For the whole year I was working there, I had always received my paycheck via direct deposit. Today, January 7th, I was informed that I would need to come in and receive my paycheck in person. I thought that was a little odd and was a mild inconvenience but I said whatever and went and picked up my check. As a side note, this check does not actually represent my last paycheck as this was for the pay period ending on 01/02, and I had one last car sale on 01/03, my last day with the company (more on this later). After arriving home and opening my check, I see that there is an ink stamp over the usual “endorse here” portion on the back of the paycheck. The full text reads as follows: “The undersigned payee(s) accept(s) the amount of this payment as full and final settlement of all claims, whether known or unknown, which payee(s) claim(s) against ‘employer’, their affiliates, their agents, employees, successors and assigns, arising from all goods and services prior to the date shown. The release reserves all rights of ‘employer’ their affiliates, their agents, employees, successors and assigns, to pursue legal remedies, if any, against such payee(s). The undersigned further acknowledge(s) that (s)he (they) have (has) read herein and fully understands it’s contents.” Here is a picture of it for [reference It should be mentioned that I have never shown intention to file a complaint against them and there isn’t an ongoing case (as far as I know lol). I suppose my first question is, is this legal??Secondly, I have one last sale to be paid out on January 14th amounting to about $2,500. If I sign for this check, am I waiving my right to the next and final paycheck? The verbiage makes me think this is the case… Lastly, is there any recourse as far as showing that the stamp is not legally binding? I’m half tempted to just sign the portion above the stamp and claim I never signed their agreement but I really don’t want to lose out on my next check. Any advice or info would be greatly appreciated, thanks in advance!! tldr: I quit my job and my employer placed a waiver and release of claims on my paycheck that I need to sign in order to cash the check.
|
hrqwer2
|
hrrmuqc
| 1,641,622,451 | 1,641,642,279 | 21 | 38 |
you usually have 90 days to cash a check. if you can, wait till you get your final paycheck before cashing this one.
|
Not a lawyer. If I were you, if you can afford this option, I would not cash the check and demand one without this clause just to cover your rear. I would also demand my last paycheck when the law states it's due, which for TN is 21 days after your termination/last day OR the next scheduled payday, whichever is later. If they give you any grief, file a wage claim with your state labor agency. That will usually get an employers attention. Lastly, save that check until everything is all settled and done.
| 0 | 19,828 | 1.809524 |
rykkf9
|
legaladvice_train
| 0.98 |
My former employer put a “restrictive endorsement” on my final paycheck. Is there anything I can do? TN] I recently left my sales position with a local car dealership here in Tennessee on January 3rd. For the whole year I was working there, I had always received my paycheck via direct deposit. Today, January 7th, I was informed that I would need to come in and receive my paycheck in person. I thought that was a little odd and was a mild inconvenience but I said whatever and went and picked up my check. As a side note, this check does not actually represent my last paycheck as this was for the pay period ending on 01/02, and I had one last car sale on 01/03, my last day with the company (more on this later). After arriving home and opening my check, I see that there is an ink stamp over the usual “endorse here” portion on the back of the paycheck. The full text reads as follows: “The undersigned payee(s) accept(s) the amount of this payment as full and final settlement of all claims, whether known or unknown, which payee(s) claim(s) against ‘employer’, their affiliates, their agents, employees, successors and assigns, arising from all goods and services prior to the date shown. The release reserves all rights of ‘employer’ their affiliates, their agents, employees, successors and assigns, to pursue legal remedies, if any, against such payee(s). The undersigned further acknowledge(s) that (s)he (they) have (has) read herein and fully understands it’s contents.” Here is a picture of it for [reference It should be mentioned that I have never shown intention to file a complaint against them and there isn’t an ongoing case (as far as I know lol). I suppose my first question is, is this legal??Secondly, I have one last sale to be paid out on January 14th amounting to about $2,500. If I sign for this check, am I waiving my right to the next and final paycheck? The verbiage makes me think this is the case… Lastly, is there any recourse as far as showing that the stamp is not legally binding? I’m half tempted to just sign the portion above the stamp and claim I never signed their agreement but I really don’t want to lose out on my next check. Any advice or info would be greatly appreciated, thanks in advance!! tldr: I quit my job and my employer placed a waiver and release of claims on my paycheck that I need to sign in order to cash the check.
|
hrqvbgz
|
hrrmuqc
| 1,641,621,784 | 1,641,642,279 | 7 | 38 |
Do not sign that !!!!
|
Not a lawyer. If I were you, if you can afford this option, I would not cash the check and demand one without this clause just to cover your rear. I would also demand my last paycheck when the law states it's due, which for TN is 21 days after your termination/last day OR the next scheduled payday, whichever is later. If they give you any grief, file a wage claim with your state labor agency. That will usually get an employers attention. Lastly, save that check until everything is all settled and done.
| 0 | 20,495 | 5.428571 |
rykkf9
|
legaladvice_train
| 0.98 |
My former employer put a “restrictive endorsement” on my final paycheck. Is there anything I can do? TN] I recently left my sales position with a local car dealership here in Tennessee on January 3rd. For the whole year I was working there, I had always received my paycheck via direct deposit. Today, January 7th, I was informed that I would need to come in and receive my paycheck in person. I thought that was a little odd and was a mild inconvenience but I said whatever and went and picked up my check. As a side note, this check does not actually represent my last paycheck as this was for the pay period ending on 01/02, and I had one last car sale on 01/03, my last day with the company (more on this later). After arriving home and opening my check, I see that there is an ink stamp over the usual “endorse here” portion on the back of the paycheck. The full text reads as follows: “The undersigned payee(s) accept(s) the amount of this payment as full and final settlement of all claims, whether known or unknown, which payee(s) claim(s) against ‘employer’, their affiliates, their agents, employees, successors and assigns, arising from all goods and services prior to the date shown. The release reserves all rights of ‘employer’ their affiliates, their agents, employees, successors and assigns, to pursue legal remedies, if any, against such payee(s). The undersigned further acknowledge(s) that (s)he (they) have (has) read herein and fully understands it’s contents.” Here is a picture of it for [reference It should be mentioned that I have never shown intention to file a complaint against them and there isn’t an ongoing case (as far as I know lol). I suppose my first question is, is this legal??Secondly, I have one last sale to be paid out on January 14th amounting to about $2,500. If I sign for this check, am I waiving my right to the next and final paycheck? The verbiage makes me think this is the case… Lastly, is there any recourse as far as showing that the stamp is not legally binding? I’m half tempted to just sign the portion above the stamp and claim I never signed their agreement but I really don’t want to lose out on my next check. Any advice or info would be greatly appreciated, thanks in advance!! tldr: I quit my job and my employer placed a waiver and release of claims on my paycheck that I need to sign in order to cash the check.
|
hrqvbgz
|
hrqwer2
| 1,641,621,784 | 1,641,622,451 | 7 | 21 |
Do not sign that !!!!
|
you usually have 90 days to cash a check. if you can, wait till you get your final paycheck before cashing this one.
| 0 | 667 | 3 |
rykkf9
|
legaladvice_train
| 0.98 |
My former employer put a “restrictive endorsement” on my final paycheck. Is there anything I can do? TN] I recently left my sales position with a local car dealership here in Tennessee on January 3rd. For the whole year I was working there, I had always received my paycheck via direct deposit. Today, January 7th, I was informed that I would need to come in and receive my paycheck in person. I thought that was a little odd and was a mild inconvenience but I said whatever and went and picked up my check. As a side note, this check does not actually represent my last paycheck as this was for the pay period ending on 01/02, and I had one last car sale on 01/03, my last day with the company (more on this later). After arriving home and opening my check, I see that there is an ink stamp over the usual “endorse here” portion on the back of the paycheck. The full text reads as follows: “The undersigned payee(s) accept(s) the amount of this payment as full and final settlement of all claims, whether known or unknown, which payee(s) claim(s) against ‘employer’, their affiliates, their agents, employees, successors and assigns, arising from all goods and services prior to the date shown. The release reserves all rights of ‘employer’ their affiliates, their agents, employees, successors and assigns, to pursue legal remedies, if any, against such payee(s). The undersigned further acknowledge(s) that (s)he (they) have (has) read herein and fully understands it’s contents.” Here is a picture of it for [reference It should be mentioned that I have never shown intention to file a complaint against them and there isn’t an ongoing case (as far as I know lol). I suppose my first question is, is this legal??Secondly, I have one last sale to be paid out on January 14th amounting to about $2,500. If I sign for this check, am I waiving my right to the next and final paycheck? The verbiage makes me think this is the case… Lastly, is there any recourse as far as showing that the stamp is not legally binding? I’m half tempted to just sign the portion above the stamp and claim I never signed their agreement but I really don’t want to lose out on my next check. Any advice or info would be greatly appreciated, thanks in advance!! tldr: I quit my job and my employer placed a waiver and release of claims on my paycheck that I need to sign in order to cash the check.
|
hrrrpig
|
hrqvbgz
| 1,641,645,689 | 1,641,621,784 | 13 | 7 |
Not a lawyer. I always tell people they should get everything in writing. In this case, send an email and let them know that they cannot do this and tell them you will come by to pick up a copy of your check without this BS on it. Then remind them of your last sale. This will allow you to gather evidence in case this goes to litigation and it’ll give them a chance to do the right thing. If they refuse you’ll probably need to get a lawyer involved. They’re doing this because they think they’ll get away with it. Let them know that you know it’s bullshit. Good luck.
|
Do not sign that !!!!
| 1 | 23,905 | 1.857143 |
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