Episode Transcript
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Speaker 1 (00:00):
There's a lot to talk about on the legal side
of it, particularly the insurance side, which I'm going to cover.
Oh no, Also I'm going to talk about the liability
side of it on term in terms of the city governments,
particularly City of La.
Speaker 2 (00:15):
So phone numbers if you are interested in.
Speaker 1 (00:18):
Calling in with a legal question of any kind eight
hundred five two zero one five three four eight hundred
five two zero one five three four.
Speaker 2 (00:29):
On my morning show this past week, I.
Speaker 1 (00:33):
Interviewed the new DA of La County, Nathan Hoffman, and
I was looking at his credentials which I didn't get through,
and good God, the credentials that he had and an
unbelievable undergrad Stanford Law School.
Speaker 2 (00:51):
And was I intimidated?
Speaker 1 (00:53):
Hell No, I went to a cal state and I
went to a law school that has since gone out
of business because as no one wanted to go. But
we still talked the legal part of it and the
looting and what he was going to do, what the
authority is going to do in terms of catching the
looters and prosecuting looters. I mean, it's a real tough
(01:14):
world when the looters start doing what they do loot.
It used to be managed jurisdiction would just shoot looters
on site, because that is the breakdown of society as
we know it. A burglary is not that's a place
getting burglarized, or a group of homes. This is across
the board and it's pretty terrible stuff. Also, we're going
(01:36):
to see lawsuits start being filed immediately. Why because the
fight between insurance companies and homeowners are going to explode.
First of all, I don't think the insurance companies have
the money. I mean north of ten thousand homes and
structures have been destroyed. And what ends up happening is
(01:57):
a homeowner makes a claim to repair or replace a home,
or a business owner does the same thing, and now
the argument goes between the insurance company and the homeowner
in terms of how.
Speaker 2 (02:11):
Do you replace, what do you replace?
Speaker 1 (02:13):
What's the value for example of a couch that costs
three thousand dollars to buy new and what's a used
couch worth three hundred dollars. So lawsuits are going to
fly like crazy and I'll be reporting on those, and
some insurance companies are going to come to the table
(02:34):
more so than other insurance companies, which is why I
happen to be a big fan of public adjusters, which
very few people know about. These are people you pay them.
That's starting negotiating with the insurance companies on your behalf,
because how often do I say, if you have an injury,
for example, you go to a lawyer, you go to
handle on the law dot com and get a personal
injury lawyer. You can't do that on your own or
(02:54):
a Lemon law lawyer, which I talk about. You know,
are you really going to sue a manufacture? Of course not,
you need the expert. And the same thing happens with
making claims against insurance companies. So we're going to see
some big, big lawsuits hit and a lot of them.
And then the question is, you know how many insurance
(03:16):
companies are going to go south? And there's something called
the California fair Plan, where an insurance company does not
ensure your house, which is happening all over California, particularly
southern California in the Bay Area, where homes are a
fortune to ensure that they don't renew or the price
(03:36):
goes up. Last November, my insurance policy on my home
which I sent sold doubled doubled from the time it
was canceled canceled when it was these are yearly contracts,
and so November, all right, I was done, and I
applied for a new contract, you know, renew the policy,
(04:01):
and they said, sure, we'll renew twice the price.
Speaker 2 (04:04):
I mean, crazy, crazy stuff. Right.
Speaker 1 (04:06):
This is Handle on the Law Marginal Legal Advice, where
I told you the phone numbers I forgot eight hundred
five two zero one five to three four eight hundred
five two zero one five three four. As we kick
into gear, and before we do so really quickly, I'm
going to tell you about a podcast that's out there
(04:27):
called the Pain Game Podcast. And the guests on the
Pain Game pock podcasts have dealt with or.
Speaker 2 (04:35):
Have treated those living in pain.
Speaker 1 (04:37):
It's about chronic pain, and the host, Lindsay Soprano, deals
with chronic pain and boy what a job Seed does.
And every episode ends with a message of hope. And
a lot of people don't have much hope in chronic pain.
So let me suggest you listen to the Pain Game Podcast.
Wherever you listen to podcasts, that's the Pain Game Podcast.
Speaker 2 (04:56):
Hello, Mark, Welcome, Welcome to Handle on the Wall.
Speaker 3 (05:03):
Yes, Hi, First of all, I'm just so sad for
everyone that's lost property in these fires is horrible. It
got me to thinking, I have an older vehicle. It's
been in our family since nineteen sixty and it's not driven.
It's in storage. We just keep it on blocks in
(05:24):
the garage. But would a homeowners policy cover that? Or
should I look into getting maybe a special rider from
a number one?
Speaker 1 (05:31):
I get a rider that's for starters, because the value
of a car, if it's a collectible. If you have
a nineteen sixty car, it might be worth twelve hundred
dollars and that's it.
Speaker 2 (05:43):
I had an old Volvo for example, station.
Speaker 1 (05:46):
Wagon that was I don't know, twelve fifteen years old,
and I loved it, and it was in good shape.
I brought it up to I spent a fortune bringing
it up to it virtually brand new, and it was
only worth a couple thousand dollars because it was that old,
And it didn't matter that I spent eight thousand dollars
to fix it up. It was a an old Volvo,
(06:10):
not considered a vintage. So what you have is you
have an insurable car that is worth X dollars, and
you bet you get a rider?
Speaker 2 (06:18):
Now does your homeowners I'm.
Speaker 3 (06:21):
Sorry, it's worth about forty Yeah, that's the point.
Speaker 1 (06:25):
And you're going to argue with an insurance company over
the value.
Speaker 2 (06:29):
No, no, no, you get it.
Speaker 1 (06:31):
You do get a writer, and then at that point
you should be covered on homeowners and.
Speaker 2 (06:37):
I would, yeah, I even your auto insurance, and then you.
Speaker 1 (06:42):
Get to I would do both. All right, let's move
to a couple of other calls. Hello, Andy, welcome.
Speaker 4 (06:51):
Yeah, Hi Bill, thank you. What happened to me? This
happened in Oregon and my son borrowed my diesel car
and he went to a diesel gas station on the
way home, and there were no diesel pumps. It just gased.
But it was a diesel station, so they directed into
(07:11):
the diesel area, which is like for the big trucks.
So he went over there and the novel is too big.
It's for the big trucks. It wouldn't fit in the car.
So he asked for help again, and the guy came,
and the gas station attendant didn't speak English, and he
didn't know how unusual.
Speaker 1 (07:30):
I have yet to hear about a gas station attendant
anywhere in California that does speak English. Maybe the rural areas,
but certainly not in major cities.
Speaker 4 (07:41):
So anyway, he couldn't figure it out either, and my son,
they were both kind of trying to figure it out together,
and they put DF.
Speaker 2 (07:53):
Into I'm sorry, what's the ef.
Speaker 4 (07:57):
DF is diesel exhaust fluid. It's like additive for the
big trucks for their log emission. And anyway, it destroyed
the engine. Make a long story short, had to replace
the whole fuel system and the injectors and everything.
Speaker 2 (08:14):
Okay.
Speaker 4 (08:15):
You know, I talked to the owner of the gas
station and you know, and he kind of didn't really
admit it, but he knew, he knew what happened. I
think he looked at there right.
Speaker 2 (08:23):
Of course, he's not going to admit it.
Speaker 4 (08:24):
So your question is, yeah, my question is he We
brought it to the mechanic and the gas station owner
went over there and paid one thousand dollars for the
first bill, and I went to pick it up. They
go all the gas station owner paid for it. But anyway,
that's that was just the beginning. You know, I had
to go, Okay, how.
Speaker 2 (08:45):
Much did it Okay, how much did it cost you?
Speaker 1 (08:46):
How much would have cost you out of pocket to
repair it?
Speaker 4 (08:49):
Eight eight thousand dollars.
Speaker 1 (08:51):
Okay, and it was a nine thousand dollars bill that
the owner, the gas station owner paid one thousand.
Speaker 2 (08:56):
Dollars up right, Yeah, okay, Now did did you sign
ain't anything for that thousand dollars? Or he just did?
He just pay the bill? You okay, So you're you're
good there, all right, So you got.
Speaker 4 (09:09):
A couple of Yeah, I know, I get it.
Speaker 2 (09:13):
It doesn't matter what their limit is.
Speaker 1 (09:14):
Uh, it's the gas station or may may be responsible.
He's the word may because here's a question I'm going
to ask you. Your son pulls into a gas station
that's diesel only and they have signs that say gasoline
and diesel, and uh, the gas station or is going
to say, what problem do you have with diesel only?
(09:35):
Then the issue becomes, uh, the guy didn't speak English,
and you're going to rely on him to put in
whatever additive when you couldn't even understand and he couldn't understand.
Speaker 2 (09:45):
These are defenses.
Speaker 4 (09:46):
Now.
Speaker 1 (09:47):
Now on the other side, it's hey, you're responsible for
screwing up my car.
Speaker 2 (09:54):
It is your fault.
Speaker 1 (09:56):
That gas station attendant is your employee. And by the way,
my son is not an expert in diesel non diesel engines.
Speaker 2 (10:05):
What happens to these cars?
Speaker 1 (10:07):
You are the experts, even though the guy who didn't
speak English clearly wasn't an expert. He probably came from
a country, or they don't even have cars. So it's
I go in small claims court, argue the hell out
of that because you have no choice. You gotta sue.
You have to sue the gas station owner. I mean
you can't sue the guy who pumped the gas. I
(10:27):
mean that's impossible because there's no money there. So you
argue small claims court. Put your story up, he'll put
his story up, and the judge is gonna make a decision,
probably split it. Maybe Solomon's baby, But you've got a
great case, and I think they have a defense on
top of that.
Speaker 2 (10:45):
That's an interesting case.
Speaker 1 (10:46):
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Speaker 2 (11:05):
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Speaker 2 (12:08):
Steve, Hi, Steve, Welcome to the show.
Speaker 5 (12:12):
Good morning, Bill. I was driving and another car ran
me off the road. Basically, they came into my lane,
pushed me over to the shoulder, hit me, and then
slammed on his brakes and so forth, and the car
took off. I followed eventually got them to pull over
and got their information on his driver's license. He had
(12:36):
a peel box. I didn't know that you could use
a peel box.
Speaker 2 (12:40):
Yeah I didn't either. But okay, so is.
Speaker 5 (12:44):
There any way I can go to TMV or anything
and either complain that hey.
Speaker 1 (12:48):
This, let me ask you this even even better, let
me ask this, do you have comprehensive insurance on your car?
Speaker 5 (12:58):
I do want my new car on this car. He
did not, because it was it was basically a junk.
Speaker 2 (13:03):
Yeah, then you get to find out who it is.
Speaker 1 (13:05):
I don't know if you can go to the DMV
and pull the record. You can, certainly if you have
his name.
Speaker 2 (13:11):
That helps. Today with the Internet, you.
Speaker 1 (13:15):
Can virtually find well and you can find it virtually
anybody out there.
Speaker 2 (13:19):
So it's going to take a little work on your side.
Speaker 1 (13:22):
But since you didn't have comprehensive you're uninsured and you
now have a lawsuit against the guy that hit you,
and you don't have an address, and all you have
is a small claim suit against him, and you got
to track him down po boxes.
Speaker 2 (13:39):
Yeah, I didn't even know you could do that. You're right,
it's news to me.
Speaker 1 (13:43):
But the issue here is one finding out where who is, where.
Speaker 2 (13:49):
He is, what kind of car was he driving?
Speaker 5 (13:53):
Sud okay, fairly new, I don't remember. I got the
license plateed and I.
Speaker 2 (13:59):
Well that helps.
Speaker 1 (14:00):
License plate helps because you can track down the owner
of the car through the license plate.
Speaker 2 (14:06):
So that's where you can go.
Speaker 1 (14:08):
So at this point it's more research than anything else,
and then filing a small claim suit and serving it
wherever he is against him, also maybe suing the owner
registered owner of the car, because there's liability there. And
the problem is people that run generally don't have insurance.
Speaker 2 (14:24):
That's my guess.
Speaker 1 (14:25):
They're not the most responsible people in the world, like.
Speaker 2 (14:28):
You who didn't have insurance.
Speaker 1 (14:32):
My daughters, for example, have limited liability. They have the
minimum liability that exists because they have no assets and
doesn't matter for them. But they have comprehensive you bet
they do, because that'll replace their car, and so that's
what you do.
Speaker 2 (14:53):
Paul, another car accident.
Speaker 6 (14:55):
Hello, Paul, welcome, welcome, Thank you very much. Driving to
stop light. There's a green on the right and it's
left for him. And we live in the high desert
Apple Valley and at a certain temperature, this light flickers,
so in his mind it looks like you can turn left.
It's a blinking light. He's a new driver. At that
(15:16):
moment he takes the left, there's a city bus speeding
and it smacks him. The bus is going over ten
miles an hour over the speed limit. He doesn't see
the bus and he thinks that it's clear to go
because of the flicking light. Do we have any case
at all?
Speaker 2 (15:31):
Yeah, I think you do. Still, I think you do.
Speaker 1 (15:33):
I would argue you have a case first of all
against the driver, who has a great.
Speaker 2 (15:38):
Defense, because he said the light was flickering. You couldn't tell, right,
You couldn't tell if it was on if it was
not on.
Speaker 1 (15:44):
So I would argue liability on the side of the
city right there. Whether that flies or not, I don't know.
The city, of course, is going to deny all liability.
They always do under any circumstances. And then I think
you have a lawsuit against the city on the bus issue,
because the bus going over ten miles over the speed limit,
(16:05):
that is a violation right there on its face.
Speaker 2 (16:09):
Here's the problem.
Speaker 1 (16:10):
How do you know the bus driver was going ten
miles over the speed limit?
Speaker 2 (16:13):
How do you prove that.
Speaker 6 (16:16):
They have it. They have it. They have a recorder
on the bus that they tracked their motion and so
even our insurance said the okay, the bus driver's going
ten miles over there.
Speaker 2 (16:25):
Right, fair enough. So there you have pros. So were
you injured at all?
Speaker 6 (16:30):
My son was not injured at all. It was just
him in the car myself.
Speaker 4 (16:33):
Okay.
Speaker 2 (16:33):
So it's it's damage to the car. How much damage
to the car?
Speaker 6 (16:38):
Like, it's it's just an older PRIs it was, you know,
the twelve car was totaled. And our concern also is
they're gonna, you know, make our insurance pay for the bus.
Speaker 1 (16:48):
No, no, I wouldn't worry about that.
Speaker 2 (16:51):
They may try, but no, I wouldn't worry about that.
So how much damage to the car? Paul?
Speaker 6 (16:55):
Once again, like probably like thirteen thousand dollars?
Speaker 2 (16:59):
It was?
Speaker 1 (16:59):
Okay, So now you have you can try small claims court,
although it's going to be an administrative claim that you
make against the city, and you have to within the
first six months file a document let them know that
you're going to sue them if it goes beyond that,
and then you have to go through all of the
appeals processes. That the city has, and then you're allowed
(17:22):
to sue them and the limit is twelve dollars. So
you're right there and that's all the best you can do.
And the city is going to say no, no, no, no, no,
it always does. I mean literally, a city tree trim
will come and can take your leg off with a chainsaw.
Speaker 2 (17:37):
Nope, we're not responsible, Nope, nope, And.
Speaker 1 (17:39):
That's what they do. So I think you got a shot.
I think you got a shot.
Speaker 2 (17:45):
All right?
Speaker 1 (17:45):
Uh?
Speaker 2 (17:47):
Do I have that right, muf stock.
Speaker 7 (17:49):
Good morning morning?
Speaker 1 (17:50):
Right?
Speaker 2 (17:50):
Yes, shot?
Speaker 4 (17:53):
Are you running?
Speaker 2 (17:55):
I'm sorry? Oh you're running? Okay. A lot of chandeliers
in your house, a lot of marbles?
Speaker 3 (18:01):
Just one?
Speaker 2 (18:02):
Then you're not.
Speaker 3 (18:03):
Then you're not.
Speaker 2 (18:04):
No, then you're not a real Iranian. Don't give me
that if you only have one that? Yeah, I only
am all right, What can I do for you?
Speaker 7 (18:10):
Love yourself?
Speaker 2 (18:11):
Thank you.
Speaker 7 (18:12):
So back in back in twenty eighteen, I bought a
unit for my mom. Uh it's a unit of six
identical unit a condo. I bought it for a square
footage of fifteen hundred.
Speaker 2 (18:26):
Ooh, you spent some money fifteen hundred dollars per foot.
Speaker 7 (18:30):
No, no, no, fifteen hundred square footage. Oh okay, you
about three hundred Yeah, I paid four hundred and thirty
five thousand, four okay, so in the.
Speaker 2 (18:39):
Three four hundred dollars range per foot right, it's about right.
Speaker 7 (18:42):
Okay, exactly the exactly okay, Yes, and I used I
used the relator to buy it, and it was we
paid cash. It was after my dad's passing. My it
was we sold my mom and dad's house. We bought
this cash for my mom. So, and then fast forward
to this past summer. My mom has now Luis Bodi
(19:05):
dementia and we needed to sell it because she was
going to nursing home. So when I went to sell
it this past summer using the same realator, he comes
to me and said, guess what, it's no longer fifteen
hundred square footage based on MLS in the city of Richmond.
It is now one hundred and fifty seven square foot short.
(19:25):
So and basically it would I sold it for fifteen Yeah, that's.
Speaker 1 (19:30):
Interesting because you were okay, you relied on the listing. Now,
if this is California, you will notice that no, no, no.
If the listing was fifteen hundred square feet, then you
got an interesting one.
Speaker 2 (19:46):
So what's the difference between the full.
Speaker 1 (19:50):
The full square footage as was represented to you and
if it was represented to you in the escrow papers
you're home free and the listing of what the listing
agent represented.
Speaker 2 (20:04):
What's the difference in price?
Speaker 7 (20:05):
So the difference in price even though you know we're
again twenty eighteen to twenty twenty four.
Speaker 2 (20:11):
Yeah, I no, you can do the formula. You can
do the whole formula fiftos about fifty thousand dollars. Okay,
so there's your law out.
Speaker 7 (20:18):
Yeah, okay, all right, I tell you quickly. But the
contractor had used the staircase square footage, had divided it
between six units, and had added it as a living space.
Speaker 2 (20:33):
So that doesn't matter.
Speaker 1 (20:34):
That doesn't matter because someone had to measure that when
selling it, and so someone is at fault at least.
Speaker 2 (20:42):
I would argue that. And then they're relying on what
the contractor did.
Speaker 1 (20:47):
I think you've got a claim there, both against the
realtor and against the reels and the seller.
Speaker 2 (20:55):
That's what I would argue. I think there's something there.
The the problem is is may I.
Speaker 7 (21:03):
May I give you one more detail?
Speaker 6 (21:04):
Yeah?
Speaker 2 (21:05):
Real quickly, real, quickly after.
Speaker 3 (21:07):
It, go after it.
Speaker 7 (21:08):
So I paid another twenty five hundred, got a real
estate lawyer, and all he did send a letter to
the contract.
Speaker 2 (21:15):
Yeah, good luck, welcome the lawyer.
Speaker 7 (21:17):
Good addresses exactly. We didn't hear anything.
Speaker 2 (21:21):
Yeah, sorry, okay.
Speaker 1 (21:23):
Number one, you need another lawyer. Number two, you've got
to make a claim against the lawyer. You fire the lawyer,
you go to another lawyer. That's easy because you lawyer
works for you, and the lawyer is going to say
I did twenty five hundred dollars worth of work.
Speaker 2 (21:36):
That's what they do no matter what happens. And it's tough.
In your case. I was about to say that, and
you fell right into that.
Speaker 1 (21:43):
And that is this is not fun because unless there's
an attorney's fees clause, and I think there is, you
get to pay out of pocket. Now you get to
pay out of pocket, but I think you're going to
be reimbursed.
Speaker 2 (21:56):
If you win.
Speaker 1 (21:58):
If you lose, you get to pay your layer and
the other side's lawyer. So this one is absolutely no fun.
Under these circumstances. It is a mess anywhere you go.
I'm glad I made your day. I love making people happy.
Speaker 2 (22:11):
Hello, Rick, welcome the show.
Speaker 8 (22:15):
Thank you Bill. Do you think the insurance companies have
an effective defense against any claims for property damage in
that when they do their risk assessment, they're relying upon
the municipality where the property might be. Based on the certification.
This municipality may have to have a prop response civilly
(22:39):
to something like a fire or whatever.
Speaker 1 (22:41):
Yeah, I don't know if a municipality has that kind
of power because it's the state of California that controls
insurance claims.
Speaker 2 (22:51):
So I don't think a municipality.
Speaker 1 (22:54):
I've never heard of one saying you have to file
or you have to respond within a given period of time. Also,
that's going to have to be way. I mean, there
were over ten thousand structures, So who goes first?
Speaker 3 (23:04):
You know?
Speaker 8 (23:05):
Well, what I mean is the insurance company comes out
to a given property, they assess the risk that lies
with the ensuring this property. They determine a premium somewhat
based on the municipality where the property.
Speaker 2 (23:20):
Yes, yes, they do. Yes.
Speaker 1 (23:22):
And what you're saying is the value of the home
straight out, what's the value of the home, and that's
what we ensure.
Speaker 2 (23:28):
That's the insurance policy we pay or we charge you.
Speaker 8 (23:31):
But well, but also one of their inputs is will
the fire department respond a property that has.
Speaker 2 (23:38):
Nothing to do with They have no idea, no idea?
Speaker 1 (23:42):
Well what is it?
Speaker 2 (23:43):
And by the way, what is the appropriate time? What
is the appropriate time?
Speaker 8 (23:47):
Give me a time if the fire, if the firehouse
was twelve miles away, they could figure that into the premium.
Speaker 1 (23:53):
Wow, what if Okay, let me ask you, what if
the streets are blocked? What if you have a fire
that's going over miles square mine?
Speaker 3 (24:00):
No, there's no way, insurance company.
Speaker 8 (24:03):
This is the insurance company's responsibility.
Speaker 2 (24:05):
No, it's not, it's not.
Speaker 1 (24:06):
Nope, no, the insure No, the private insurance companies do
not make that determination as to how far away or
the traffic what it's It's insane.
Speaker 2 (24:17):
Traffic changes all the time, time of day. Do they
I have to.
Speaker 1 (24:21):
Respond within three minutes at eight am, but they have
twelve minutes at one pm.
Speaker 2 (24:27):
How do you do that?
Speaker 8 (24:28):
That could be at twenty No?
Speaker 1 (24:31):
No, no, no, I mean we can go argue all
day long, but that that's just crazy making. The answer
is absolutely no on that one. Okay, before we bail
out of here, let me quickly tell you about your
breath and how bad it probably is. And let me
give you an answer for that. Zelman's minty mouth mints
way beyond just a mint. I don't know why they
(24:51):
call it a minty mouth mint, because it goes well.
Speaker 2 (24:54):
It's far more than a mint.
Speaker 1 (24:56):
Two or three you pop in your mouth, there's a
minty coding, and then you bite into them or follow
them after the mint is gone, and they go to
work in your gut where they really go to work,
and no other mint does that, and you get fresh
breadth that lasts literally for hours. So here is their
deal right now, and this is until January fifteenth. If
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This is handle on the Law
There's a lot to talk about on the legal side
of it, particularly the insurance side, which I'm going to cover.
Oh no, Also I'm going to talk about the liability
side of it on term in terms of the city governments,
particularly City of La.
Speaker 2 (00:15):
So phone numbers if you are interested in.
Speaker 1 (00:18):
Calling in with a legal question of any kind eight
hundred five two zero one five three four eight hundred
five two zero one five three four.
Speaker 2 (00:29):
On my morning show this past week, I.
Speaker 1 (00:33):
Interviewed the new DA of La County, Nathan Hoffman, and
I was looking at his credentials which I didn't get through,
and good God, the credentials that he had and an
unbelievable undergrad Stanford Law School.
Speaker 2 (00:51):
And was I intimidated?
Speaker 1 (00:53):
Hell No, I went to a cal state and I
went to a law school that has since gone out
of business because as no one wanted to go. But
we still talked the legal part of it and the
looting and what he was going to do, what the
authority is going to do in terms of catching the
looters and prosecuting looters. I mean, it's a real tough
(01:14):
world when the looters start doing what they do loot.
It used to be managed jurisdiction would just shoot looters
on site, because that is the breakdown of society as
we know it. A burglary is not that's a place
getting burglarized, or a group of homes. This is across
the board and it's pretty terrible stuff. Also, we're going
(01:36):
to see lawsuits start being filed immediately. Why because the
fight between insurance companies and homeowners are going to explode.
First of all, I don't think the insurance companies have
the money. I mean north of ten thousand homes and
structures have been destroyed. And what ends up happening is
(01:57):
a homeowner makes a claim to repair or replace a home,
or a business owner does the same thing, and now
the argument goes between the insurance company and the homeowner
in terms of how.
Speaker 2 (02:11):
Do you replace, what do you replace?
Speaker 1 (02:13):
What's the value for example of a couch that costs
three thousand dollars to buy new and what's a used
couch worth three hundred dollars. So lawsuits are going to
fly like crazy and I'll be reporting on those, and
some insurance companies are going to come to the table
(02:34):
more so than other insurance companies, which is why I
happen to be a big fan of public adjusters, which
very few people know about. These are people you pay them.
That's starting negotiating with the insurance companies on your behalf,
because how often do I say, if you have an injury,
for example, you go to a lawyer, you go to
handle on the law dot com and get a personal
injury lawyer. You can't do that on your own or
(02:54):
a Lemon law lawyer, which I talk about. You know,
are you really going to sue a manufacture? Of course not,
you need the expert. And the same thing happens with
making claims against insurance companies. So we're going to see
some big, big lawsuits hit and a lot of them.
And then the question is, you know how many insurance
(03:16):
companies are going to go south? And there's something called
the California fair Plan, where an insurance company does not
ensure your house, which is happening all over California, particularly
southern California in the Bay Area, where homes are a
fortune to ensure that they don't renew or the price
(03:36):
goes up. Last November, my insurance policy on my home
which I sent sold doubled doubled from the time it
was canceled canceled when it was these are yearly contracts,
and so November, all right, I was done, and I
applied for a new contract, you know, renew the policy,
(04:01):
and they said, sure, we'll renew twice the price.
Speaker 2 (04:04):
I mean, crazy, crazy stuff. Right.
Speaker 1 (04:06):
This is Handle on the Law Marginal Legal Advice, where
I told you the phone numbers I forgot eight hundred
five two zero one five to three four eight hundred
five two zero one five three four. As we kick
into gear, and before we do so really quickly, I'm
going to tell you about a podcast that's out there
(04:27):
called the Pain Game Podcast. And the guests on the
Pain Game pock podcasts have dealt with or.
Speaker 2 (04:35):
Have treated those living in pain.
Speaker 1 (04:37):
It's about chronic pain, and the host, Lindsay Soprano, deals
with chronic pain and boy what a job Seed does.
And every episode ends with a message of hope. And
a lot of people don't have much hope in chronic pain.
So let me suggest you listen to the Pain Game Podcast.
Wherever you listen to podcasts, that's the Pain Game Podcast.
Speaker 2 (04:56):
Hello, Mark, Welcome, Welcome to Handle on the Wall.
Speaker 3 (05:03):
Yes, Hi, First of all, I'm just so sad for
everyone that's lost property in these fires is horrible. It
got me to thinking, I have an older vehicle. It's
been in our family since nineteen sixty and it's not driven.
It's in storage. We just keep it on blocks in
(05:24):
the garage. But would a homeowners policy cover that? Or
should I look into getting maybe a special rider from
a number one?
Speaker 1 (05:31):
I get a rider that's for starters, because the value
of a car, if it's a collectible. If you have
a nineteen sixty car, it might be worth twelve hundred
dollars and that's it.
Speaker 2 (05:43):
I had an old Volvo for example, station.
Speaker 1 (05:46):
Wagon that was I don't know, twelve fifteen years old,
and I loved it, and it was in good shape.
I brought it up to I spent a fortune bringing
it up to it virtually brand new, and it was
only worth a couple thousand dollars because it was that old,
And it didn't matter that I spent eight thousand dollars
to fix it up. It was a an old Volvo,
(06:10):
not considered a vintage. So what you have is you
have an insurable car that is worth X dollars, and
you bet you get a rider?
Speaker 2 (06:18):
Now does your homeowners I'm.
Speaker 3 (06:21):
Sorry, it's worth about forty Yeah, that's the point.
Speaker 1 (06:25):
And you're going to argue with an insurance company over
the value.
Speaker 2 (06:29):
No, no, no, you get it.
Speaker 1 (06:31):
You do get a writer, and then at that point
you should be covered on homeowners and.
Speaker 2 (06:37):
I would, yeah, I even your auto insurance, and then you.
Speaker 1 (06:42):
Get to I would do both. All right, let's move
to a couple of other calls. Hello, Andy, welcome.
Speaker 4 (06:51):
Yeah, Hi Bill, thank you. What happened to me? This
happened in Oregon and my son borrowed my diesel car
and he went to a diesel gas station on the
way home, and there were no diesel pumps. It just gased.
But it was a diesel station, so they directed into
(07:11):
the diesel area, which is like for the big trucks.
So he went over there and the novel is too big.
It's for the big trucks. It wouldn't fit in the car.
So he asked for help again, and the guy came,
and the gas station attendant didn't speak English, and he
didn't know how unusual.
Speaker 1 (07:30):
I have yet to hear about a gas station attendant
anywhere in California that does speak English. Maybe the rural areas,
but certainly not in major cities.
Speaker 4 (07:41):
So anyway, he couldn't figure it out either, and my son,
they were both kind of trying to figure it out together,
and they put DF.
Speaker 2 (07:53):
Into I'm sorry, what's the ef.
Speaker 4 (07:57):
DF is diesel exhaust fluid. It's like additive for the
big trucks for their log emission. And anyway, it destroyed
the engine. Make a long story short, had to replace
the whole fuel system and the injectors and everything.
Speaker 2 (08:14):
Okay.
Speaker 4 (08:15):
You know, I talked to the owner of the gas
station and you know, and he kind of didn't really
admit it, but he knew, he knew what happened. I
think he looked at there right.
Speaker 2 (08:23):
Of course, he's not going to admit it.
Speaker 4 (08:24):
So your question is, yeah, my question is he We
brought it to the mechanic and the gas station owner
went over there and paid one thousand dollars for the
first bill, and I went to pick it up. They
go all the gas station owner paid for it. But anyway,
that's that was just the beginning. You know, I had
to go, Okay, how.
Speaker 2 (08:45):
Much did it Okay, how much did it cost you?
Speaker 1 (08:46):
How much would have cost you out of pocket to
repair it?
Speaker 4 (08:49):
Eight eight thousand dollars.
Speaker 1 (08:51):
Okay, and it was a nine thousand dollars bill that
the owner, the gas station owner paid one thousand.
Speaker 2 (08:56):
Dollars up right, Yeah, okay, Now did did you sign
ain't anything for that thousand dollars? Or he just did?
He just pay the bill? You okay, So you're you're
good there, all right, So you got.
Speaker 4 (09:09):
A couple of Yeah, I know, I get it.
Speaker 2 (09:13):
It doesn't matter what their limit is.
Speaker 1 (09:14):
Uh, it's the gas station or may may be responsible.
He's the word may because here's a question I'm going
to ask you. Your son pulls into a gas station
that's diesel only and they have signs that say gasoline
and diesel, and uh, the gas station or is going
to say, what problem do you have with diesel only?
(09:35):
Then the issue becomes, uh, the guy didn't speak English,
and you're going to rely on him to put in
whatever additive when you couldn't even understand and he couldn't understand.
Speaker 2 (09:45):
These are defenses.
Speaker 4 (09:46):
Now.
Speaker 1 (09:47):
Now on the other side, it's hey, you're responsible for
screwing up my car.
Speaker 2 (09:54):
It is your fault.
Speaker 1 (09:56):
That gas station attendant is your employee. And by the way,
my son is not an expert in diesel non diesel engines.
Speaker 2 (10:05):
What happens to these cars?
Speaker 1 (10:07):
You are the experts, even though the guy who didn't
speak English clearly wasn't an expert. He probably came from
a country, or they don't even have cars. So it's
I go in small claims court, argue the hell out
of that because you have no choice. You gotta sue.
You have to sue the gas station owner. I mean
you can't sue the guy who pumped the gas. I
(10:27):
mean that's impossible because there's no money there. So you
argue small claims court. Put your story up, he'll put
his story up, and the judge is gonna make a decision,
probably split it. Maybe Solomon's baby, But you've got a
great case, and I think they have a defense on
top of that.
Speaker 2 (10:45):
That's an interesting case.
Speaker 1 (10:46):
That is that is that is Now. I want to
tell you a little bit about netsuitet. The less your
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Speaker 2 (11:05):
Costs have gone up on.
Speaker 1 (11:07):
Materials, employees, distribution, borrowing. So how do you reduce what
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(11:29):
it lives up in the cloud, and you'll cut the
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Speaker 2 (11:33):
You don't have to have multiple software.
Speaker 1 (11:36):
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(11:57):
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net suite as an office suite NetSuite dot com slash handle.
Speaker 2 (12:08):
Steve, Hi, Steve, Welcome to the show.
Speaker 5 (12:12):
Good morning, Bill. I was driving and another car ran
me off the road. Basically, they came into my lane,
pushed me over to the shoulder, hit me, and then
slammed on his brakes and so forth, and the car
took off. I followed eventually got them to pull over
and got their information on his driver's license. He had
(12:36):
a peel box. I didn't know that you could use
a peel box.
Speaker 2 (12:40):
Yeah I didn't either. But okay, so is.
Speaker 5 (12:44):
There any way I can go to TMV or anything
and either complain that hey.
Speaker 1 (12:48):
This, let me ask you this even even better, let
me ask this, do you have comprehensive insurance on your car?
Speaker 5 (12:58):
I do want my new car on this car. He
did not, because it was it was basically a junk.
Speaker 2 (13:03):
Yeah, then you get to find out who it is.
Speaker 1 (13:05):
I don't know if you can go to the DMV
and pull the record. You can, certainly if you have
his name.
Speaker 2 (13:11):
That helps. Today with the Internet, you.
Speaker 1 (13:15):
Can virtually find well and you can find it virtually
anybody out there.
Speaker 2 (13:19):
So it's going to take a little work on your side.
Speaker 1 (13:22):
But since you didn't have comprehensive you're uninsured and you
now have a lawsuit against the guy that hit you,
and you don't have an address, and all you have
is a small claim suit against him, and you got
to track him down po boxes.
Speaker 2 (13:39):
Yeah, I didn't even know you could do that. You're right,
it's news to me.
Speaker 1 (13:43):
But the issue here is one finding out where who is, where.
Speaker 2 (13:49):
He is, what kind of car was he driving?
Speaker 5 (13:53):
Sud okay, fairly new, I don't remember. I got the
license plateed and I.
Speaker 2 (13:59):
Well that helps.
Speaker 1 (14:00):
License plate helps because you can track down the owner
of the car through the license plate.
Speaker 2 (14:06):
So that's where you can go.
Speaker 1 (14:08):
So at this point it's more research than anything else,
and then filing a small claim suit and serving it
wherever he is against him, also maybe suing the owner
registered owner of the car, because there's liability there. And
the problem is people that run generally don't have insurance.
Speaker 2 (14:24):
That's my guess.
Speaker 1 (14:25):
They're not the most responsible people in the world, like.
Speaker 2 (14:28):
You who didn't have insurance.
Speaker 1 (14:32):
My daughters, for example, have limited liability. They have the
minimum liability that exists because they have no assets and
doesn't matter for them. But they have comprehensive you bet
they do, because that'll replace their car, and so that's
what you do.
Speaker 2 (14:53):
Paul, another car accident.
Speaker 6 (14:55):
Hello, Paul, welcome, welcome, Thank you very much. Driving to
stop light. There's a green on the right and it's
left for him. And we live in the high desert
Apple Valley and at a certain temperature, this light flickers,
so in his mind it looks like you can turn left.
It's a blinking light. He's a new driver. At that
(15:16):
moment he takes the left, there's a city bus speeding
and it smacks him. The bus is going over ten
miles an hour over the speed limit. He doesn't see
the bus and he thinks that it's clear to go
because of the flicking light. Do we have any case
at all?
Speaker 2 (15:31):
Yeah, I think you do. Still, I think you do.
Speaker 1 (15:33):
I would argue you have a case first of all
against the driver, who has a great.
Speaker 2 (15:38):
Defense, because he said the light was flickering. You couldn't tell, right,
You couldn't tell if it was on if it was
not on.
Speaker 1 (15:44):
So I would argue liability on the side of the
city right there. Whether that flies or not, I don't know.
The city, of course, is going to deny all liability.
They always do under any circumstances. And then I think
you have a lawsuit against the city on the bus issue,
because the bus going over ten miles over the speed limit,
(16:05):
that is a violation right there on its face.
Speaker 2 (16:09):
Here's the problem.
Speaker 1 (16:10):
How do you know the bus driver was going ten
miles over the speed limit?
Speaker 2 (16:13):
How do you prove that.
Speaker 6 (16:16):
They have it. They have it. They have a recorder
on the bus that they tracked their motion and so
even our insurance said the okay, the bus driver's going
ten miles over there.
Speaker 2 (16:25):
Right, fair enough. So there you have pros. So were
you injured at all?
Speaker 6 (16:30):
My son was not injured at all. It was just
him in the car myself.
Speaker 4 (16:33):
Okay.
Speaker 2 (16:33):
So it's it's damage to the car. How much damage
to the car?
Speaker 6 (16:38):
Like, it's it's just an older PRIs it was, you know,
the twelve car was totaled. And our concern also is
they're gonna, you know, make our insurance pay for the bus.
Speaker 1 (16:48):
No, no, I wouldn't worry about that.
Speaker 2 (16:51):
They may try, but no, I wouldn't worry about that.
So how much damage to the car? Paul?
Speaker 6 (16:55):
Once again, like probably like thirteen thousand dollars?
Speaker 2 (16:59):
It was?
Speaker 1 (16:59):
Okay, So now you have you can try small claims court,
although it's going to be an administrative claim that you
make against the city, and you have to within the
first six months file a document let them know that
you're going to sue them if it goes beyond that,
and then you have to go through all of the
appeals processes. That the city has, and then you're allowed
(17:22):
to sue them and the limit is twelve dollars. So
you're right there and that's all the best you can do.
And the city is going to say no, no, no, no, no,
it always does. I mean literally, a city tree trim
will come and can take your leg off with a chainsaw.
Speaker 2 (17:37):
Nope, we're not responsible, Nope, nope, And.
Speaker 1 (17:39):
That's what they do. So I think you got a shot.
I think you got a shot.
Speaker 2 (17:45):
All right?
Speaker 1 (17:45):
Uh?
Speaker 2 (17:47):
Do I have that right, muf stock.
Speaker 7 (17:49):
Good morning morning?
Speaker 1 (17:50):
Right?
Speaker 2 (17:50):
Yes, shot?
Speaker 4 (17:53):
Are you running?
Speaker 2 (17:55):
I'm sorry? Oh you're running? Okay. A lot of chandeliers
in your house, a lot of marbles?
Speaker 3 (18:01):
Just one?
Speaker 2 (18:02):
Then you're not.
Speaker 3 (18:03):
Then you're not.
Speaker 2 (18:04):
No, then you're not a real Iranian. Don't give me
that if you only have one that? Yeah, I only
am all right, What can I do for you?
Speaker 7 (18:10):
Love yourself?
Speaker 2 (18:11):
Thank you.
Speaker 7 (18:12):
So back in back in twenty eighteen, I bought a
unit for my mom. Uh it's a unit of six
identical unit a condo. I bought it for a square
footage of fifteen hundred.
Speaker 2 (18:26):
Ooh, you spent some money fifteen hundred dollars per foot.
Speaker 7 (18:30):
No, no, no, fifteen hundred square footage. Oh okay, you
about three hundred Yeah, I paid four hundred and thirty
five thousand, four okay, so in the.
Speaker 2 (18:39):
Three four hundred dollars range per foot right, it's about right.
Speaker 7 (18:42):
Okay, exactly the exactly okay, Yes, and I used I
used the relator to buy it, and it was we
paid cash. It was after my dad's passing. My it
was we sold my mom and dad's house. We bought
this cash for my mom. So, and then fast forward
to this past summer. My mom has now Luis Bodi
(19:05):
dementia and we needed to sell it because she was
going to nursing home. So when I went to sell
it this past summer using the same realator, he comes
to me and said, guess what, it's no longer fifteen
hundred square footage based on MLS in the city of Richmond.
It is now one hundred and fifty seven square foot short.
(19:25):
So and basically it would I sold it for fifteen Yeah, that's.
Speaker 1 (19:30):
Interesting because you were okay, you relied on the listing. Now,
if this is California, you will notice that no, no, no.
If the listing was fifteen hundred square feet, then you
got an interesting one.
Speaker 2 (19:46):
So what's the difference between the full.
Speaker 1 (19:50):
The full square footage as was represented to you and
if it was represented to you in the escrow papers
you're home free and the listing of what the listing
agent represented.
Speaker 2 (20:04):
What's the difference in price?
Speaker 7 (20:05):
So the difference in price even though you know we're
again twenty eighteen to twenty twenty four.
Speaker 2 (20:11):
Yeah, I no, you can do the formula. You can
do the whole formula fiftos about fifty thousand dollars. Okay,
so there's your law out.
Speaker 7 (20:18):
Yeah, okay, all right, I tell you quickly. But the
contractor had used the staircase square footage, had divided it
between six units, and had added it as a living space.
Speaker 2 (20:33):
So that doesn't matter.
Speaker 1 (20:34):
That doesn't matter because someone had to measure that when
selling it, and so someone is at fault at least.
Speaker 2 (20:42):
I would argue that. And then they're relying on what
the contractor did.
Speaker 1 (20:47):
I think you've got a claim there, both against the
realtor and against the reels and the seller.
Speaker 2 (20:55):
That's what I would argue. I think there's something there.
The the problem is is may I.
Speaker 7 (21:03):
May I give you one more detail?
Speaker 6 (21:04):
Yeah?
Speaker 2 (21:05):
Real quickly, real, quickly after.
Speaker 3 (21:07):
It, go after it.
Speaker 7 (21:08):
So I paid another twenty five hundred, got a real
estate lawyer, and all he did send a letter to
the contract.
Speaker 2 (21:15):
Yeah, good luck, welcome the lawyer.
Speaker 7 (21:17):
Good addresses exactly. We didn't hear anything.
Speaker 2 (21:21):
Yeah, sorry, okay.
Speaker 1 (21:23):
Number one, you need another lawyer. Number two, you've got
to make a claim against the lawyer. You fire the lawyer,
you go to another lawyer. That's easy because you lawyer
works for you, and the lawyer is going to say
I did twenty five hundred dollars worth of work.
Speaker 2 (21:36):
That's what they do no matter what happens. And it's tough.
In your case. I was about to say that, and
you fell right into that.
Speaker 1 (21:43):
And that is this is not fun because unless there's
an attorney's fees clause, and I think there is, you
get to pay out of pocket. Now you get to
pay out of pocket, but I think you're going to
be reimbursed.
Speaker 2 (21:56):
If you win.
Speaker 1 (21:58):
If you lose, you get to pay your layer and
the other side's lawyer. So this one is absolutely no fun.
Under these circumstances. It is a mess anywhere you go.
I'm glad I made your day. I love making people happy.
Speaker 2 (22:11):
Hello, Rick, welcome the show.
Speaker 8 (22:15):
Thank you Bill. Do you think the insurance companies have
an effective defense against any claims for property damage in
that when they do their risk assessment, they're relying upon
the municipality where the property might be. Based on the certification.
This municipality may have to have a prop response civilly
(22:39):
to something like a fire or whatever.
Speaker 1 (22:41):
Yeah, I don't know if a municipality has that kind
of power because it's the state of California that controls
insurance claims.
Speaker 2 (22:51):
So I don't think a municipality.
Speaker 1 (22:54):
I've never heard of one saying you have to file
or you have to respond within a given period of time. Also,
that's going to have to be way. I mean, there
were over ten thousand structures, So who goes first?
Speaker 3 (23:04):
You know?
Speaker 8 (23:05):
Well, what I mean is the insurance company comes out
to a given property, they assess the risk that lies
with the ensuring this property. They determine a premium somewhat
based on the municipality where the property.
Speaker 2 (23:20):
Yes, yes, they do. Yes.
Speaker 1 (23:22):
And what you're saying is the value of the home
straight out, what's the value of the home, and that's
what we ensure.
Speaker 2 (23:28):
That's the insurance policy we pay or we charge you.
Speaker 8 (23:31):
But well, but also one of their inputs is will
the fire department respond a property that has.
Speaker 2 (23:38):
Nothing to do with They have no idea, no idea?
Speaker 1 (23:42):
Well what is it?
Speaker 2 (23:43):
And by the way, what is the appropriate time? What
is the appropriate time?
Speaker 8 (23:47):
Give me a time if the fire, if the firehouse
was twelve miles away, they could figure that into the premium.
Speaker 1 (23:53):
Wow, what if Okay, let me ask you, what if
the streets are blocked? What if you have a fire
that's going over miles square mine?
Speaker 3 (24:00):
No, there's no way, insurance company.
Speaker 8 (24:03):
This is the insurance company's responsibility.
Speaker 2 (24:05):
No, it's not, it's not.
Speaker 1 (24:06):
Nope, no, the insure No, the private insurance companies do
not make that determination as to how far away or
the traffic what it's It's insane.
Speaker 2 (24:17):
Traffic changes all the time, time of day. Do they
I have to.
Speaker 1 (24:21):
Respond within three minutes at eight am, but they have
twelve minutes at one pm.
Speaker 2 (24:27):
How do you do that?
Speaker 8 (24:28):
That could be at twenty No?
Speaker 1 (24:31):
No, no, no, I mean we can go argue all
day long, but that that's just crazy making. The answer
is absolutely no on that one. Okay, before we bail
out of here, let me quickly tell you about your
breath and how bad it probably is. And let me
give you an answer for that. Zelman's minty mouth mints
way beyond just a mint. I don't know why they
(24:51):
call it a minty mouth mint, because it goes well.
Speaker 2 (24:54):
It's far more than a mint.
Speaker 1 (24:56):
Two or three you pop in your mouth, there's a
minty coding, and then you bite into them or follow
them after the mint is gone, and they go to
work in your gut where they really go to work,
and no other mint does that, and you get fresh
breadth that lasts literally for hours. So here is their
deal right now, and this is until January fifteenth. If
you order three packs or more, you get one pack
(25:18):
for free.
Speaker 2 (25:19):
It's a bonus pack.
Speaker 1 (25:20):
With three packs or more until the fifteenth, go to
Zelmans dot com slash kfi, Z E L M I
n S dot com slash kfi buy three you get
a bonus pack for free. Zelmans dot com slash Kfi.
This is handle on the Law
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