The Troubleshooter 5-13-24

Episode Transcript

(00:00):
Yea ripped up news you needed.That's who you don't have. Come running
just as fast as we can.Shoot's gonna help. Come man, This

(00:21):
is the Troubleshooter Show. No TomMartino. Yeah, I'm Tom Martino and
I welcome you to the show.How are you doing? Our number is
three oh three seven one three talkseven one three eight two five five.
You'll see on my wide shot ofyour streaming. I got John Fuller here,
Fuller Law, personal injury attorney.Uh, welcome John, John.

(00:41):
Did you know that we were talkingabout AI off the air? John?
Do you know that I went onAI and I said, draft me a
complaint and I gave it to circumstancesand you know what it did. It
drafted me a complaint. Now ithas all the disclaimers. Make sure you
know, always see an attorney.God blah blah Blahlthough you're well, you
can represent yourself, John. Ihave said this before when it comes to

(01:04):
technology, I love technology. Bythe way, I'm not one of these
people. I don't do email,I don't do this, I don't do
that. I love technology. Okay, there's good and bad. I feel
like a Napoleon Dynamite with his uncletalking about I love technology. Do you
remember the song you wrote? Youhave to find that song and play it
because I love it, but notas much as you and me anyway.
So on technology AI, I wasat first a little resistant, thinking it

(01:32):
skews one way or another when itcomes to social issues, and it does
no matter what it does. Butwhen it comes to facts, figures,
just issues where there's a black anda white, don't ask it about no,
seriously, don't even ask it aboutclimate change, or don't ask it
about anything if you want two sideswhen it comes to skewing on this particular

(01:53):
thing. But John, I askedit to draft me a legal complaint,
and by god it did. Nowthink about it, Think about it?
Is that incredible to you? Now? You must have software that can do
certain things and have general templates,but to skew it out, to spit
it out like that. And nowpeople say, well, it's just a
search, it's way more than that, way more. You saw me just

(02:14):
ask about how to do something onmy MacBook Pro here, and it's better
than the help you would try tofind it Apple, And I was just
talking about it in general. Doyou think it's crazy? Have you messed
with it that much. You know, I haven't really messed with it in
terms of like legal documents and stuff, but I mean it's clearly cutting edge,

(02:35):
and it's going to be a biggerand bigger part of our lives.
I think the early renditions were,you know, were riddled with problems like
oh yeah, yeah, like theycalled hallucinations and errors, and they still
have some. But you know,in legal writing, we have to attribute
almost everything we write to some caseor some holding that it forms a legal
basis. However, there have beenattorneys that have gotten in deep d deep

(03:00):
trouble because the citations did not supportwhat the no. I can't argue with
that because I don't know enough toknow. So that's kind of the risk,
is that it can spit that well, yeah, and how would you
know if it's right or wrong.If you're an amateur, you've got to
go do the legwork and check itand so and yeah, if you're an
amateur, you do that at yourown risk because you can really find yourself
out. But think about this,like, for example, I have the

(03:21):
thing where you can talk to yourcar, but you have to know what
to tell your car. For example, you say I give my car a
name and then it activates the computer. And then I say, you know,
like, let's just say it's computer. It's not but computer, what
is the odometer reading? Okay,that's easy. Or computer play ninety one
point one or pay one oh threepoint five okay, boom. But if

(03:44):
you say something just out of context, it doesn't understand you. But I
see a time in fact, withinmonths or it has to be where everything
now is going to have that conversationalchat pot because why bother going through all
your manuals and stuff when I cansay on my car, hey, you
know computer, or hey car,I need to adjust this or adjust that,

(04:08):
or how do I turn off therear view mirror folding every time I
press the keyfup right? Okay,you know what instead of just telling me
go to this or go to that, you should just do it. And
I see a time when AI isgoing to change everything. Why would you
ever fumble through directions and setting thingslike just there it is, just tell

(04:28):
it what you want, ask itwhat you want. By the way,
speaking of an issue with app withapples in general or a computer, let's
talk to Marlene and then I'll goto Eric Eric has an issue with a
contractor, and then I have JohnFuller. We're going to talk about all
kinds of stuff, of course,legal or otherwise when it comes to personal
injury for sure, John Fuller,Fuller Law. Marlene. What is your

(04:48):
issue? Marlene? Good morning tomY. What's happening? My issue is
my Apple ID got hacked? Andwhich which kind of idea is that?
Your Apple? My Apple ID?Jeez, how did that happen? Well,

(05:10):
it started with my Apple credit card. I had a Goldman Sax Apple
credit card. I don't know howit happened, but somebody got into my
credit card. And with my creditcard, I had Apple Cash. So
every time you make a purchase,a percentage of that purchase purchase goes into

(05:32):
your Apple Cash. So I hadover four hundred dollars accumulated in my Apple
Cash and I received a message thatmy Apple card had there was a large
purchase and they wanted to confirm thatwas my purchase. And I called Apple

(05:54):
and I said, that is notmy purchase. So they know your Apple
ID. Though. Let me getthis straight, because there's two different things.
Your Apple credit card was hacked andit's really a debit card, right,
don't you first transfer cash and thentransfer out or is it a regular
credit card? It's a regular creditcard. Okay. So your Apple credit

(06:15):
card? Does it say Apple ordoes it say Visa or MasterCard? Because
I don't have an Apple card,So how does how does that work?
Is it a card unto itself?Or does it carry a Visa or MasterCard
banner? It's a master card issuedby Goldman Sacks and it's an Apple credit
card. Okay, I never sawthat. Okay, So I know what

(06:39):
your question is though, So youwant to know. You want to know
how the hell that happened. Andnormally, normally the only way that can
be hacked is somebody skimmed it orsomebody got into your account. But your
Apple ID has not been hacked,right, because that would be if that's

(07:00):
the case you're in, Go ahead, my Apple ID. They got into
my Apple ID and they changed thetrusted phone number associated with my Apple ID,
so now I have no access toanything Apple, my Apple account.

(07:23):
I'm just going to say, youare screwed. No, you're screwed.
I'm telling you now, listen.I'm just just so you know, just
so you know, Apple will notdo anything about it unless you have if
they went in and changed your trustednumber and all of that, the only
way you can get out of thatis well, there is no way.

(07:46):
With Google, you have some otherbackups you can do, and you can
give it previous passwords or something toprove it you. But with Apple,
there is virtually no way. Listen, I went through this with someone.
They had to establish a brand newApple ID, brand new. I'm telling
you it is unbelievable, because theown unbelievable. I have Apple Air,

(08:11):
but you're not. They're not consideringyou a victim. Let me tell you
what's going on. And I'm nottelling you I agree with this, Marlene.
They are not looking at you asa victim. They are saying in
the in cases of an Apple breach, that you gave away or somehow did

(08:31):
not protect your information. Because it'svery difficult to hack an Apple ID.
I mean, I can see themhacking your card with a skimmer, But
how did they get into your AppleI D. That requires a username and
a password and then another text code. So how did they do that?

(08:52):
Well, my Apple I D isassociated with my Apple credit card, but
there but you can skim a creditcard and get the Apple ID. All
you get with it when you skima card is the ability to charge on
that card. It doesn't give youthe ability. I'm telling you, man,
I have everything Apple and Mac.I don't have one of those credit

(09:16):
cards, but I will tell youI have an Apple ID and your credit
card, though, is connected tothe Apple ID in that you have to
sign into your Apple ID to getaccess to the credit card. But the
credit card does not give you accessto the Apple ID. Somebody got your

(09:37):
password, they got your they lookedat your phone. Well, even with
your phone sometimes you have to resign in. Somehow someone got your username
and password and you either had toshare it or they did a screen share
with you, or they got intoyour computer. That's another issue. They

(09:58):
did get into my computer? Wellthen how okay, there we go.
How did they get into your computer? Oh my god, this is such
a nightmare. All right, youhold on, hold on, I promise
you listen. There's going to bean answer. If someone got into your
computer, that's a little different.But I do want to take Erica as
well, and then I have esther. So hold on, Marlene, just

(10:20):
have some patience. We have someexperts that might be able to help you.
Three oh three seven one three talkseven one three eight two five five.
Got John Fuller with me Fuller Lawand it's my accident lawyer dot co.
If you have any questions whatsoever,we have a lot of topicsts to
cover with him and we'll be doingthat coming up. And don't forget if
you have any kind of water issues. You want pure wonderful drinking water.

(10:46):
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(11:41):
here a three oh three seven onethree talk three oh three seven one three
eight two five five. All right, So I'm going to go back to
Marlene after I talked to ericause Eric, Erica has been waiting, Erica,
let's go there, and I'm goingto go back. I have a call
in for Marlene, So if youcould tell her kachina, I'm going to
go back to her. What's goingon, Erica. So my husband and

(12:03):
I started talking to a contractor abouta year ago to get some landscaping,
including artificial turf laid in our backyard. Okay, And it took us about
a year to save up some moneyfor it, and I called him back
in this February and said, Okay, I think we're ready to get going

(12:24):
on this. So he came outto our house in February and we gave
him a check for fifty seven hundreddollars, which was half of the cost
of the job. And by theway, I have a post on that
on money down, No money down. I mean, it's getting to be
epidemic. And there are very rareconditions where money down can be acceptable or

(12:45):
done to protect yourself, but usuallylandscapers are the worst of all of them
when it comes to taking money anddisappearing. Continue your story I'm sorry.
I just wanted to interject that.Okay, no, that's fine. So
we gave him a check on Februarytwenty third, which he promptly cashed on
the twenty seventh, and I dohave the location of where the check was
cashed. I even have his accountnumber. He was supposed to start the

(13:07):
job March fourth. We hadn't heardfrom him as of March third, so
my husband contacted him through text askingif he was going to be starting the
job the next day, and hesaid no, not this week, and
so we asked him to let usknow when, you know, when he
was going to be able to start, because it was still kind of snowing
at that time. So we're justplaying it by ear as far as the

(13:28):
weather. And we haven't heard fromhim since. Yeah, and you probably
won't. What was the name ofthis guy? His name is Mike Sexton
and the name of his business isso Coo Landscaping or Soco Turf, which
we found out both of those businessnames have been dissolved. Yeah, I'm

(13:48):
sorry he was presenting himself as abusiness but not didn't you check him out
at all before you gave him moneyor anything? He came to us.
My friend made a Facebook post inApril of twenty twenty three about her backyard
and he did an amazing job onher backyard, and that we trusted them

(14:11):
there. He represented himself as aveteran owned business. My husband was in
the Air Force for twenty eight years. No, I understand. I understand
first of all, they that's easyto lie about. But even if he
was a veteran, and I hateto say this, not all veterans do
great jobs in business. And alsojust because they do one job that's pretty
good doesn't mean they're going to continue. This echoes so many problems we have,

(14:35):
but that doesn't do you any good. Bottom line is this, We
got a number of ways to go. He committed what could be a civil
crime. If there's such a thing, it's a civil penalty, it's the
Contractor's Trust Act. Now, itcould be civil theft. It could turn
out to be charges if a DAor an Attorney general wanted to go after
somebody. Attorney general would have togo after somebody who's very egregious statewide.

(15:00):
It would be a local jurisdiction fora DA. But you're not going to
get them to do that. Unlessthis man took from hundreds of people or
dozens. Now here's what I wantto know. The fifty seven hundred.
You have a receipt, it's acheck, it's in his account. Did
you Does he answer his phone?No? Because of you? Is he

(15:22):
still advertising anywhere? Not that Isee no. So if he just went
out of business, you could justyou could just be done. Now,
if there was a way we couldlocate him, you could do at least
get a judgment in small claims courtand then if he owns anything, put
leans on it. That's one thing. Another thing you can do is go

(15:43):
after him through the district's attorney becausehe violated the Contractors Trust Act. It
is a real thing. Have youcontacted your district attorney? No, sir,
I would do that first and saylisten, I know you get,
but say it like this. Iknow you get a lot of these complaints,

(16:04):
but this is clearly a violation ofthe Contractor's Trust Act. I got
the money, I got the proof. It was a positive. He disappeared.
What do you suggest? That's whereI would start. I would also,
do you know, do you havean address for this guy on the
check or on anything on as abank account. You said you did some

(16:25):
research. Do you have any addressfor him? We have an address for
him that's associated with his you know, so called business. Yeah, what
is it is it? Is ita real address? What is it?
It's a home it's a home address. But supposedly he and his wife are

(16:45):
estranged, if not, going througha divorce, and he's in some sort
of rehab for an addiction, ohgod, and has supposedly lost everything.
Erica, make good on our job, even if he wanted to. How'd
you find this out? Other contractorsin the area went out in America on
Facebook. You are probably braced forthis, but it could be. You

(17:10):
know, there's no there's no fairnessjudge. There's no big scale in the
sky that's going to get your moneyback. If if this guy pissed it
away on drugs, if this guy'sin rehabit, if this guy lost everything,
if this guy's diverse divorcing, Iwould try to get a small claims
judgment, because before that divorce goesthrough, you can get a judgment on

(17:33):
any equity he has. I mean, that's the only hope. I'm telling
you that right now. I wouldstart with those two things. Do you
have. If you have an address, I would take in the Small Claims
Court for breach of contract immediately,and then I would call the district attorney
and then call us back. Ihave it marked here, so if you
start, we you know. LikeI said, the worst case is probably

(17:55):
you're not going to get it.But I don't want to give up so
soon without you at least trying thesethings. And then I want you to
get back to me. Now.I want you to know something. I
promise you when I give you thesesteps, it's not as a putoff.
It's really going to help, becausesometimes it does. You might have caught
him he was getting a divorce.You say he lost everything, the houses
in both of their names. Sorryfor the wife, but his part of

(18:17):
his goes to you. We cando it. So hang on there.
Three oh three seven one three talksseven to one, three eight, two
five five. I'm going to comeback to esther and then Marlene, I'm
trying to get an answer for you, and I have a call into my
Apple expert. All of that comingup. I want to remind you that
Frank Durand the real estate man,is very very busy these days doing what

(18:41):
he is doing market analyzes or evaluationsof your home, meaning he'll tell you
what it will sell for in thismarket based on a number of different factors.
It's a custom evaluation for you,free of charge, no obligation.
Really, you can trust him.Three three nine to zero sixteen twenty two.

(19:02):
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Best roofer Excel Roofing dot com.You don't pay a cent until you're content.
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(19:22):
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when you choose Frank durand the realestate Man dot com to list your home
with Remax Alliance three oh three ninetwo zero sixteen twenty two. Hi Tom

(19:45):
Martine, your trouble shooter three Othree seven one three talk three oh three
seven one three eight two five.I'd get you calls and we have Esther
and then Marlen Esther, what's goingon with a toe? Esther? Oh
my gosh, Oh I hope it'snot really bad. Did your car get
destroyed or something. Well, actuallyit's my caregiver. My husband has a

(20:08):
need for a caregiver. Every singlenight and she comes to We have an
apartment complex and she goes into thecovered parking that particular night, there were
now listen what covered parking? Wasit your parking or was it somewhere she
wasn't supposed to be. Well,we have covered parking in our complex,

(20:30):
our apartment complex, and she parksthere all the time. Yeah, but
what I mean is is she authorizedto park there? Yes? Yes,
yes, oh yes, they havea special path number for her. Absolute
everybody knows her. Okay, it'svery regular. But she couldn't park in
there because the police were blocking theway with lights and everything's going on,

(20:55):
and she knew that. She really, you know, she had to come
up with her duty to come upat eleven o'clock is what time she comes
pm. Did she go into anunauthorized space? She went into it,
whether a Chase bank, but atthe eleven pm by side parking. I
know it, but they don't care. They just go. They're just nuts.

(21:17):
So anyway, did she get told? Yes, let me she got
towed for four She moved the car. She came back down at one o'clock
in the morning to move the car, but it was already towed and there
was no clear signage near where sheparked. The three or four parking places
facing Chase Bank had no sign holdon. Now, Esther, this is

(21:40):
really important. Was there any signanywhere in the parking lot? Oh?
Yes, there were lots of signs. That's all that matters. It doesn't
have to be right where they towedher. Okay, now it can't be
that confusing. But Esther, Ijust want to I don't want to discourage
you, but I do want tosay this, okay, because we've handled

(22:02):
so many of these. Very seldom. I'm not saying it doesn't happen,
but very seldom do these turn outsuccessfully for people who are parked because all
it says there has to be acertain amount of signage in the parking lot,
and then it doesn't matter if it'sduring business hours or not unless it

(22:23):
says no parking before five or afterfive. Now here's the thing. If
they towed it. The only thingwe can do is there are certain rights
you have, because there are newlaws about her rights to get stuff out
of the car, to be tofinance. How much it costs that and
there are certain laws. I canlook it up, but I don't think

(22:48):
you're going to get it erased unlesssomething was totally wrong. So continue now
with the story. Thank you.Then she mentioned the name of the company
on radio. It doesn't matter ifit's as long as it's true. Yeah.
Oh yeah, it's Wyatt And theyright now have a one dollar seven.
I understand this. And every timepeople here, by the way,

(23:11):
Wyatt's did a lot of things wrong, and every time people hear about what
they did wrong, they assume thatevery toe after that's going to be negated.
So what else? Okay, Iwill So where's the car? Let's
ask you a few things. Where'sthe car right now? Oh? It

(23:34):
was? It was towed and thenshe had to take an uber to go
get it. How much did itcost altogether to get that car? How
much did the whole bill cost?Okay? Now I need to know another
thing. Okay, Now I needto know the address. I want to

(23:55):
look at it online. Okay ofthe Chase Bank. Oh that's a Chase
Bank. Oh dear, it's inoff of Hampton and University. It's in
Kent Place. Well, Is itright next door to you? Yes,
give me give me your address thennot You're you're in a in an apartment
or condo place? Right, Yes, I am, Yeah, just give

(24:17):
me that address. Okay, it'sthirty four sixty five. So gay Lord
Court, gay Lord Court? Isthat in Inglewood? In Inglewood? Okay?
University in Hampton? Got it?May I share a couple of things
that I go ahead, No,I'm listening, go ahead, Okay.

(24:37):
I looked up a bunch of thesethings because I'm going to be paying this
for her. I mean, there'sno reason why she should have to pay
it. Yeah, I read thatonline that the car may not be towed
in Colorado. They have to givenotice providing written os twenty four hours before.

(25:00):
That's only under okay, that's notunder most circumstances. That's a little
misleading. Now that Chase Bank isquite a bit away from you guys though,
as far as what I'm looking hereonline, but oh shopping center,
Oh okay, I'm going to lookat this. Listen. I mean,
I know what you're talking about asfar as the as far as the twenty

(25:26):
four hours notice, but that doesn'tapply in this case. I do not
believe. I'm glad you're looking intoit now. Now listen, I don't
believe it does. There are certaincircumstances, so let me look it up
real quick. Okay, I'm goingto look up the law. During I'm
going to take a break and lookup the law. So hang on,
okay, just hang on. I'mgoing to go back to Marlene Esther.

(25:48):
You will. I'm getting that lawright now. I'm Marlene. Okay.
I checked with Apple okay, andhere's what they said about your Apple ID.
Somebody had had to have hacked yourcomputer somehow. So you were about

(26:08):
to tell us how that happened.How did that happen? Okay, I'm
going to start from the beginning.Okay, go ahead. I got an
email I can't remember now. Itwas an email or a text from Apple
Care saying there was a large purchaseand they wanted to confirm if it was
mine. Total scam yep, totalscam yep, and then what keep going?

(26:33):
So I called Apple to see ifthat was a valid email, and
they said yes, it was.And I said that, oh yeah,
And where'd you get that number tocall Apple? From that email? That
email? You know, I don'tremember because I well, it had to

(26:53):
have been. And I'll tell youwhy. There is no phone to call
to find out if a charge islegitimate. So it was a classic fishing
expedition where they sent you an alarmingemail and they gave you a phone number
to call to confirm and to shutit down and then tell her what else
happened. They said, we wantto get on your account with you and
we'll credit you right. Well,even if they yeah, they they is

(27:15):
that? What is that? Whatthey said? We need to authenticate who
you are and everything, so youknow, going to need your Apple ID
and your password to get done,and you and you gave it to them.
And so the moment that you didthat, your password became public knowledge
because they put those into databases thatare available on the black web. They
sell them, they use them.They John you know, you're really well

(27:37):
adverse at that. Why did youdo you know? People that happened?
You just read about it. I'vegotten those emails myself. Yeah, I
mean I run a company with tencomputers in it, and you know we
we now are on a completely Macbased system, but it wasn't always the
case. So I've just been dealingwith you know, employees clicking on things
they shouldn't click on, and emails. Well, what's really weird is these

(27:59):
authentications numbers themselves come from the email. That's a ripoff to begin with.
But I need to ask you,and it's as much to help others as
it is you. Well, ifI can help you at all, Marlene.
But when it came to that numberthat you called and they said it
was legit, okay, continue yourstory. Let's hear what else. Go
ahead, Okay. So while Iwas talking to this woman, my phone

(28:22):
pet beeping that another call was comingin from an eight hundred number. For
whatever reason, I thought maybe thatwas the bank calling, so I asked
her to hold. I answered thecall. It was a man saying he
was a supervisor from Goldman Stack andhe wanted to talk to me about my

(28:45):
a legal purchase, the purchase thatwas made. I joined the calls and
I said I And he said,I can't talk to two people on the
same line, and I I saidto her, hit Well, I said
to both of them, I wouldrather talk to her because I called her,

(29:06):
so I know who she is.I don't know who you are.
And he said, I told youwho I am. I'm a supervisor with
Goldman Sacks and she hung up.Why okay, but when did they get
the access to your account? Keepgoing? It was I'll play you the
date. I mean no, no, I mean I mean it was on

(29:29):
that call. But did you letthem sign in or how did they did
you? Actually? Like, whendid they actually get your information? Is
what I want to know. Youjust told me what they said to you,
But what about your computer interface withthem? I don't know, well,
hold on, did they ask youfor your password on that just for
authentication reasons? Yeah? Or didthey say we need to get into your

(29:51):
account to give you a credit anythinglike that. He was just asking me
all kinds of questions. Okay,so he obviously got enough to get your
password and your stuff here, gotthe information. I'm going to tell you
now, I'm going to tell youthe bad news because you were the victim.
You were a victim, but youwere a willing victim. It wasn't

(30:14):
like they grabbed your person ran away. It wasn't like they held a gun
or a knife. They talked youinto cooperating, and you cooperated. Under
no circumstances. Will anyone give yourmoney back? How much did you lose
four. Thank god it wasn't more. Thank god. Now shut down the
account immediately. By the way,did you do that? Apple? Set

(30:37):
the account down? Idea excellent?Excellent. Now now establish a new one.
But that's you did the right thingand it only costs. I hate
saying only, but that's really alimitation of loss. Way better than it
could have been. These people couldhave wreaked havoc. They could have made
so many, so many charges onthat account. Well, and I immediately

(31:04):
called you know, everybody my bank. Yes, Marlene, you're gonna have
to change all your passwords because theycould have gotten into your computer. I
don't know how much information you gavethem, but please change every password you
have. But the bad news is, and I want everyone hearing this,
if you give information about your accountsand people get into those accounts, you

(31:32):
are not going to get your moneyback. And further, if you get
any email that says call us immediately, there's a problem, there's a scam,
there's a huge purchase. You justbought us seventy eight pees. Never
never ever, ever ever call thenumber. Email, call that that bank
or that credit card, yourself offthe number. You just ignore them.

(31:52):
Because you know what they're all jumpyou just ignore it. I'm Tom Martinez.
We have more coming up. Gowith a sure thing Denver's best roofer
Excel Roofing dot com. You don'tpay a cent until you're content. Time

(32:13):
for an insurance check up free,no obligation. In comparison, call Compass
Insurance paying too much your coverage atdozens of insurance companies find out now three
oh three seven to seven to one. Help. You'll think you're his only
customer when you choose Frank durand thereal estate man dot com to list your
home with Remax Alliance three oh threenine two zero sixteen twenty two. Hi

(32:44):
Tom Martino, your troubleshooter three othree seven to one three talk three oh
three seven one three eight two fivefive esther, I got the law in
front of me, and let meexplain something. Twenty four hours notice does
apply. I accept in certain circumstances. Okay. And to make a long

(33:05):
story short, if a vehicle isblocking a fire lane or near dumpsters,
or poses an immediate safety threat orsomething like that in a residential neighborhood,
it can be towed immediately. Otherwise, in a residential neighborhood, the twenty
four hours notice applies. However,the twenty four hour notice does not apply
to a business parking lot at allof any kind. Now, so the

(33:31):
only thing we can do is fightthe charges. There are limitations and stuff
like that. If you want tohold on, but you're not going to
get away with this toe at all. You're going to have to pay something,
and we can look at that comingup. Plus, Karen wants to
talk. Karen wants to talk abouta painter. All of that. After

(33:53):
this, go with a sure thingDenver's Best roofer Excelroofing dot com. You
don't pay a cent until you're content. Please time for an insurance check up
free, no obligation. In comparison, call Compass Insurance. Pay too much
your coverage at dozens of insurance companiesfind out now three oh three seven seven

(34:15):
to one help. You'll think you'rehis only customer when you choose Frank durand
the real estate Man dot com tolist your home with Remax Alliance three oh
three nine two zero sixteen twenty twoript news ned advise you don't have come

(34:38):
run insious as fast as you can. Shooter's gonna help come man, this
is the Troubleshooter Show. No TomMartine O. Heay Tom Martino here,
Welcome to the show. Three ohthree seven one three talk seven one three
eight two five five John Fullers withme from Fuller Law, personal injury attorney,

(34:59):
and as well as your calls andissues and welcome. Now we have
a couple text messages for and youcan text us five seven seven three nine
for John Fuller which is Fuller Law. Let me just sign back in here.
And basically, someone wants to knowwhat is the time limit. I
don't know what they mean, butfor I assume they mean on a personal

(35:22):
injury. What do they mean bythat? So if there's an accident and
you don't do anything, what happensand what kind of time limit is there?
So there's a statute of limitations,which is the legal, you know,
outside deadline for taking action and fora car accident that is three years

(35:43):
from the day to the act.But it would be pretty difficult. Let's
say this. Let's say someone gotin an accident and they call you two
years later and say I was inan accident, and you say, well,
did you ever do anything? No? No, I didn't know how
bad. It was until now haveyou had those Oh yeah, I mean,
listen, the reality is that youare you have the burden of proof,
but times your enemy all the time. Time is always the enemy.

(36:05):
But you have the burden of proof. And so if you were, you
know, magically transformed into a jurorthat was evaluating your case and you came
in and said, I didn't reallytreat or go to the doctor or do
anything for two years, but itwas really bad. Trust me, the
jury would throw you out in abouttwo seconds. They're just not gonna consider
that to be very you know,very you know, credible evidence. You

(36:27):
know. On the other hand,if you went to the er the date
of the accident, you treated forthe next six or eight months, and
everything else, and then you decidedto pursue acclaim at two years, maybe
you're going to be perceived as beinga lot more so in essence, are
you saying you should at least getchecked out right away? Absolutely, you
should do that anyway, and thenyou know, any treatment that follows up

(36:50):
on that is critically important. Imean, just keep in mind, it's
not the attorney that that that makesthe case. I mean, it is
the attorney, but it's the it'sthe evidence that gets created by the treatment
and the bills and the damages andthe losses that are sustained, and then
it's the attorney that can weave allthose things together to create a good outcome.

(37:12):
But they can't just operate in avacuum in the absence of all of
that other stuff. So you've gotto get the treatment. You've got to
get the the documentation of all ofyour damages and losses in order that you
may get a good outcome. Okay, cool, Hey, let me tell
a quick antidote about that. Wehad a nice lady who works in the
news department. John, In fact, you tried to help her, but

(37:35):
it was too late. She workedthere, she had an accident. She
was listening to the other person's insurancecompany promising to write her checks to the
tune of thirty forty thousand dollars.They kept saying checks in the mail,
or we're going to do this.Eventually she called up and they said,
well, too bad, so sad, you're past the statute. So I
called you. This was years ago, to see if there was something you

(37:57):
could do, because they kept stringingor along and there wasn't a damn thing
you could do. They screwed herman. Yep. That happens all the
time. That happens all the time. These insurance companies are not you know,
they're just not held to the samestandards that that you know that maybe
we are. And they will lie, they will cheat, they will delay
things on purpose. I mean,they just take forever to get back to

(38:21):
you sometimes when we know it's becauseof appending deadline or something else going on
that is some ulterior motive to delaying, you know, the resolution of a
case. Yep, yep, yep. Okay, back to the phones,
and hey, Kachina, did youkeep Estron because she had more to ask
or because you forgot to take herdown? I'm just curious if she wants

(38:43):
to talk more because I was.I basically I think that I told her
everything we needed to know to Karen, what about your painter? What's going
on? Karen? Right up?Yeah? Him, Hey, what's happening?
How Yeah? So I'm with thehown. I recommended this. I'm
a realtor and I recommended this painter. They just did a job for me,

(39:05):
showed up on time and did everythingright. Yeah, and then he
just didn't show up for us fora whole week now, and so well,
hold on, I want to askus a couple of questions. Did
you pay him ahead of time?Okay, she did give him a deposit.
Yeah, that's one of the biggestproblems in the world, man,
everywhere I'm looking at that's how muchdid she paid? You know, one

(39:28):
thousand, eight hundred and seventy twodollars. Well, that's enough for him
to get a drunk on, soyou know, yeah, okay, So
she when did she pay him?That? April fourth and he was supposed
to start on May sixth, andhe hasn't come. We did get one
text from him saying sorry, Ihaven't been able to make it. My
mom had a stroke. And thenthat was Thursday or Friday. And then

(39:52):
see when people ask me and Iposted this video. I posted it on
Instagram, on LinkedIn, on YouTube, on TikTok. And here's what I
say. No money down, period, No money down. Now. There's
very rare circumstances with what I calltrust accounts and with credit cards or with
scrows. But here's the deal.Most of the time, no money down

(40:14):
unless materials are delivered, work beginsor something happens, or an order is
placed in your name and you canverify it for your address and then you
make sure it's delivered. If theguy goes south. People wrote to me
were a very upset contractor, saying, why would you say that? Am
I supposed to trust the homeowner?The answer is yes, or get out
of business? How about that?Go get out of business. You're the
ones listening to me. I'm notlistening to you. If you can't do

(40:36):
business that way, get out ofbusiness. Now. If you want to
deliver materials, I pay for him. But just to pay money to someone
like you said, Let's say thisguy is one hundred percent honest his mom
had a stroke. He can't doit. So okay. If he's one
hundred percent honest and he did stuff, according to the law, that money
is supposed to be in a trustaccount. So what I want you to
do is tell him that I wantyou to say this, and then call

(40:58):
us back. All right, sir, we are so sorry about your mom
having a stroke, But according toColorado law, that money was supposed to
be put in trust for the homeowneror spent on her job. Anything other
than that is civil theft, Soplease let us know. If the money

(41:21):
was spent on her job, whencan those materials be delivered? Or if
it was not spent on her job, can you please return it? Otherwise
we're pursuing civil theft. That moneyshould be somewhere. Okay, that's just
the way it is. What's thename of the landscaper, actually the painter,

(41:42):
And I'm sorry, that's what Imeant. I'm sorry, that's what
I meant. The painter, it'sReese R. E E. S.
And his last name was Houghton hO U G H T O N.
And Reese's what's the name of hiscompany? What's the name of his company?
Painting, our age painting. Okay? And when was the last time

(42:05):
you talked to him? Uh?Talk, talk, I don't know,
but text. He did text meon Friday, okay. So, and
that's when he said he would startSaturday, two days ago. Did you
hear what I told you about whatto mention to him specifically? And do
you know why I mentioned that?Because if this guy goes bankrupt. Listen,

(42:25):
if he goes bankrupt and claims ignoranceof the law, some judges let
him out. So you're not goingto let him do that. You're going
to call and say You're going tocall and say, because if he goes
bankrupt after you tell him that,there's a good chance he's not going to
get out of it. So yousay to him under the Colorado Trust Act,

(42:45):
that money should have either been putin trust the Contractor's Trust Act.
I'm sorry, the money should havebeen in trust or spent on the job.
If it was spent on the job, tell us when we can expect
delivery of materials. If it wasnot spent on the job, then please
send us a refund. If not, we are pursuing civil theft charges.

(43:07):
Now you let me know what hesays after that, okay, because this
is unacceptable, unacceptable? Any otherquestions? What's that? What happens?
If he doesn't, what happens?If he never responds, then you start.
Then you start going after him forin small Claims court for civil theft.

(43:29):
Actually, you should also call thedistrict attorney and then we should just
put him on the sleeve. Brigade. You need to call me back and
let me know I'm making I ammaking a note of this for that reason.
Okay. Question, can we hiresomebody else to get started? We
have a bit of a time crunch. Yes, Steve the painter. Now,
I don't know if he can getit done quickly, but he's a

(43:52):
star Quality painting. We love him. He's a great guy. And let
me find him here, Steve,we call Steve the paint or his business
name is star Quality and uh,okay, let's see. Let me give
you that number. I got itright here. It is. It is
three oh three nine four eight eightseven six' five. Okay, and

(44:20):
then but we can hire another painter. We can basically because he didn't show
up. He kind of told us, do you have a written contract with
this guy? We do? Wedo? Unfortunately, Well, okay,
yeah, you can get started.I mean I think the guy breached the
contract. I mean, I don'tsee where what is he gonna get upset?
You can tell him, hey,okay, finish the job then or

(44:40):
give us you know, listen,this guy doesn't have the money. This
guy's a clown. I can tellall I can tell by what you're being
told. So proceed as you want, but call us back and let us
know what he says about the ContractorsTrust Act three oh three seven to one
three eight two five five. I'mgonna come back to esther who still has
more questions, and I do wantto help her. Uh eight eight eight

(45:01):
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(45:22):
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(45:45):
until you're content. Time for aninsurance check up, free, no obligation
comparison call Compass Insurance paying too muchyour coverage at dozens of insurance companies find
out now three oh three seven toseven to one help. You'll think you're
his only customer when you choose Frankdurand the real estate Man dot com to
list your home with Remax Alliance threeoh three nine two zero sixteen twenty two.

(46:12):
Okay, Tom Martino here at threeoh three seven one three talks seven
one three A two five five.Okay, so we've answered a lot of
questions. If you have more,we have a long show. Give us
a call. Three oh three sevenone three talks seven one three eight two
five five. We also have JohnFuller with us, my accident lawyer Dot
co hey Esther still has some morequestions. To make long story short,

(46:34):
her, the caregiver for her husband, came to spend the evening and parked
at a Chase Bank and was towed. That's the bottom line. There's,
by the way, just so peopleknow they're in Colorado law and in other
circumstances, the reason you park somewhereis no matter what it is, the

(46:54):
reason doesn't negate the toe, okay, because a lot of people think if
they have a good reason, itnegates it never negates the toe. Ever,
your intent meaning I was going tomove in five minutes, doesn't matter
either. The only thing that mattersis the law. The law has changed
a bit, there has to besignage that's always been in the law.

(47:15):
And then again there are requirements fora twenty four hours notice. Only in
rare circumstances. The twenty four hoursnotice is when you're in a normal parking
space in a residential neighborhood or aresidential development, that's it, okay.
Even if they're signs, you gotto give twenty four hours notice. But

(47:36):
if you're blocking anywhere or in someoneelse's parking space, or you are in
a business, they can toe immediately. If you show up, they got
to drop the car, but theycan charge you a drop fee, and
then if they take the car,there are some limits to what they can
charge. There are limits to whatthey can charge on the actual bill and

(48:02):
how they can charge it. That'saccording to the law. But again usually
it is you're out of luck.I mean, I hate to tell you,
but you're out of luck. Sowhat are your additional questions? Esther?
Okay, I did some research onthat, so I knew about that
last one, which really surprises mebecause it does say overnight. No overnight.

(48:28):
I have looked at the dictionary,and that means from dusk to dawn.
No no what overnight for what.I don't know what you're talking about,
Esther, And they say do not. The sign says no overnight parking.
Oh oh oh, you mean that'swhat the sign says at the Chase
Bank. That's what the chime says. All over the entire We've got a

(48:49):
King, Supers and a lion.You know what. That's weird. That's
a weird one because that is weirdfor me. It doesn't just say no
parking or for bank customers only?Does or does it say bank customers only?
Well, it says that, andthen it says then that's all it
matters. That's all it matters.If it says bank customers only and no
overnight parking. The reason it saysthat is a normal person would assume it

(49:13):
means even if you are a customer, you can't park overnight. Well,
the thing is, say just signit. Why don't you Why don't you
fight it? Then take them tocourt because you're gonna lose. I mean,
forget the fact that I've handled fiveor six hundred of these cases over
the years. If you think I'mwrong, I hope I am. I
want you to get your car,may I. And by the way,

(49:36):
there's a maximum fee of one hundredand sixty dollars. Okay, and listen
to this, and then it's acertain a dollar amount per day, and
they can charge an additional eighty ninebucks to release it outside. So I
don't know how it got up tobe four hundred. How did it get
to be four hundred? Good question? They send them a I don't really

(50:00):
know how. Well they can't.They can't charge four hundred. The maximum
fee is one hundred and sixty dollars. Well, there you go. That's
so what do I do about that? Well, you tell them, according
to law, the maximum fee isone hundred and sixty dollars. And the
only other thing is they can theycan charge you to store the vehicle per
day that we have it out.Is that okay? So how many days

(50:24):
was it there for four hundred bucks? It was there for about six hours.
There's no way that should have beenfor So you're telling me the entire
bill was four hundred dollars. That'scorrect. When did you go and get
it? Very well? Is sheparked eleven on April twenty nine? Now
was it? What I want toknow is was it during normal business hours?

(50:49):
I think so because it was aboutOkay, then there's the only I
cannot see where it is more thanone hundred and sixty dollars, even if
they threw an other forty bucks onthere for storage. It would be two
hundred, and I don't see howit could be more than that. Yeah,
well, I know, Hey Mark, am I Mark? Mark?

(51:09):
Are you still there? Because you'repretty Yeah, yeah, pretty. You're
pretty verse in this towing thing.I mean, isn't that the way you
read the law man? It isa little more convoluted than that. But
I agree with you in your assessmentof that. But I've been wrong on
these weird towing deals. Yeah,I know. But from what I'm looking

(51:29):
at here, I don't see anyexceptions. But hold on these regular excessive
chargers. Nope, I'm telling youthere are limitations. So I would,
in fact talk to me. Theywon't talk to me. What I missed?
What company it is? Who is? It's Whyatt's whyatt. Let's have
Let's have a Deputy Scott or someoneDeputy Dollar call over. Deputy Doc is

(51:52):
listening right now, he's on remote. So let's use Deputy Doc to call
over there. Why I have neverheard? I know every everybody out there
hates when I stick up for wyats, And it's not that I'm sticking up
for them, but anytime we havehad a problem in the past, they
come through. But most of thetime. Honestly, they're doing nothing wrong.
They're just being what they are.You know, they were popped by

(52:14):
the state though, they were finethousands of dollars for doing things wrong though,
Mark, Yeah, that's true duringCOVID. That's right, they did.
Yeah, right, So listen,Esther. They have a million dollar
settlement going. But can I askyou one more question about it that I've
read go ahead story towing. Iread about that go ahead from patrolling parking

(52:37):
lots to look for vehicles to profiton we have. They come out here
and they just take them. Butthat's what all of them do. They're
they're hired. That's their job,Lively, Esther, what they mean is
this, Listen carefully, Okay.If you if you patrol parking lots or
troll parking lots as some people said, and you don't have a con tract,

(53:00):
that is what predatory is. Okay, if they're contracted with Chase Bank
right now, don't assume that youmight want to ask Chase Bank because or
the sign has to say it.Does the sign say why it's on it?
I'm pretty sure I've got twelve pictureshere. May I ask you this?

(53:20):
There's the signage is right in themiddle of its previous leason and down
in the shade. I went andtook pictures of it. Was there only
one sign? Yes, in theentire parking lot, only one sign,
but Chase Parking from where she parkedto I'm asking this, I'm asking one

(53:43):
question. Only in the entire parkinglot, not in her vicinity. In
the entire parking lot, there isonly one sign. No, Okay,
that's then it doesn't matter if oneof them is obscured by leaves. You
see, I'm trying to help youesther because if there was only one and
that was obscured, it has tobe clearly visible, right, and it's

(54:08):
not that one is not. HowI mean if Chase Bank is way far
away from the other company restaurants andyeah, yeah, in its own area,
So what does that have to dowith anything? Well, I'm just
asking you. Oh wait, areyou saying? Are you saying that the

(54:30):
signs are in a plaza and Chaseis way far away from that plaza,
pretty far away? Yeah? Well, are they in the same plaza?
She gave me the address. Butlisten, I don't want to waste a
lot of time on this. IfI need to go by what you're telling
me. Now, I'll give youa sign. Hold on, it's on.

(54:52):
Give us that address again of whereyou are. It's the Chase Bank.
I had it on my computer,but I don't have it anymore.
Four sixty five day Lord. Yeah, yeah, South Gaylord Court. If
you go there, to South GaylordCourt and then look pull out and you'll
see a Chase Bank there. Butwhat you're saying is this. Okay,

(55:13):
what you're saying is it's in aplaza where there are signs, but that
is not near that plaza. I'mnot getting the picture. But here's the
thing. It just if it's ina big shopping center and there are signs
scattered around that parking lot, that'sall that matters. Okay. If it's
if it's a whole different parking lot, well, of course that parking lot

(55:35):
would have to have its own sign. But I don't know if it's contiguous
or not. I'm only going bywhat you're saying, and you want to
find an excuse, So tell methe truth though. Is it a different
parking lot? No? No,okay, no, I thought I'd said
that it's on the side. Itdoesn't matter if it's on the side in
the middle at the end, ifit's in the same parking lot. I

(56:00):
don't think Mark. It talks abouthow many signs, does it not that
I've seen. You know, listen, I think that this is all you're
You're wonderful that you're fighting for yourhouse, for your caregiver. I think
it's wonderful. But we have tohave something to fight now. The one
thing I think you do have Theywent over what I can see is the

(56:23):
legal limit to charge you. Okay, So then you've mentioned somebody might be
able to call them. Yes,we're gonna have deputy doc. We're gonna
have one of our people call overthere. It's all else fails. Let
me ask you this. All theysay is take us the small cuts.
It's all they'll say. Yes,Well, no, you can call the

(56:45):
Public Utilities Commission. Okay that yeah, I see the part. I see
the signs. Yeah, we wehave pictures of the signs. Yeah,
Okay. She's not denying they weresigned. She's saying where the Chase Bank
is. They're conspicuous. Yeah,they're conspicuous. So what were you going
to ask? And go ahead?Well, I mean, I'm not understanding
is a small claims court many timesdo they have to show up to Well,

(57:08):
if they don't, they lose automatically. That would be good if they
didn't show up, right, Sothat's what I'm saying of all all sales.
I'm willing to do that for her. Yeah, but listen, you
can only go to small claims courtfor the amount over the legal amount they
charge you. But listen, youneed to be clear that that you're not
going to get out of the wholething. John, this lady has no

(57:30):
standing to go to small claims court. She doesn't own the vehicle. No,
that woman has she I think shemeans for that woman employee, that
taller can't. That woman has todo it. The caregiver has to do
it with her. Yeah, that'swhat she meant. But you can't represent
her. Be careful, Mark.Okay, now listen, here's the other

(57:52):
thing. Shout you're going to gobased on that cost. That's the one
thing I found that I think theydid wrong. But Mark said, as
Mark said, there could be somethingwe're missing because they're not that's they're not
stupid when it comes to you know, when it comes to charging, and
there might be a reason they chargedas much as they did. But we're

(58:14):
done here, Esther. You goon. We're gonna have John, We're
gonna get your contact information. We'regonna have I'm sorry, we're gonna have
deputy doc look into it. Yes, I'll give you one example of when
they can charge more if you tryto pick up the car after hours.
That's right. Another ninety bucks,that's right. I saw that, but
they didn't try to do that.So uh Kaschina give this to UH Deputy

(58:37):
Doc. Three oh three seven onethree eight two five five Real quick,
Russell, what's going on with Excel? Russell? Yeah, we had a
greenhouse business that was on commercial rate. Yeah, a natural natural gas and
yeah, our house, our houseis on the same meter. We closed
the business the fall of twenty three. I call Excel to having changed the

(59:02):
meter from commercial to residential. Thelady come out and inspected it, said
yeah, we can change it.That was the first of January. And
I'm still waiting. When was thebusiness closed the fall last fall? Okay,
and when did you call for thechangeing rate? January? Yeah,

(59:24):
they should have changed it, anddid they or not? No, they
haven't. And I've called them fouror five times and they say, well,
it's transferred over to billing. Billingtakes a couple of months, blah
blah blah. Well, in themeantime, I have like a twenty three
hundred square foot house. It's costingme over eight hundred bucks a month.

(59:47):
And there no, there's no gasat all being used in the greenhouse anymore.
Right right, all right, holdon, we'll come right back to
you and more. I'm Tom Martine. Go with a sure thing Denver's best
roofer Excel Roofing dot com. Youdon't pay a cent until you're content.

(01:00:12):
Time for an insurance checkup free,no obligation. In comparison, call Compass
Insurance paying too much your coverage atdozens of insurance companies find out now three
all three seven to seven one help. You'll think you're his only customer when
you choose Frank durand the real estateMan dot com to list your home with
Remax Alliance three oh three nine twozero sixteen twenty two. Hi Tom Martina

(01:00:37):
here, three O three seven onethree talk three oh three seven one three
eight two five five. Welcome tothe show. All right, let's talk
and keep solving problems if we can, or at least give you information,
So Russell says, Now that Russell, this is a clear case. Man,
I don't know why they didn't switchyou over. But how many now

(01:00:58):
it's been January, February, March, April, man, so how much
more? You've spent a lot more, So you know exactly what gash you've
used. It's just that you're beingcharged a different rate. Is that right?
That's right? And so when theycalled, do they offer to adjust
it at all? Well, that'sthat's part of the issue, and that's

(01:01:21):
part of my question. It mademe so mad that nothing had ever been
done, and I knew I hadoverpaid what my house was using. So
I didn't pay March h and Ididn't pay April. Uh, okay,
I have that's not the way tohandle it. But I get what you're
doing, man, Yeah, becauseI so that's my question. So I

(01:01:42):
gotta have the money to pay it. So I didn't pay it. But
are they going to credit me forthe excess that I well, that's the
thing they should. I don't havethey have they they haven't adjusted it yet
or have they? Nope? Nope, it's still commercial. Well that's ridiculous.
I mean, you would think anda per world. They have to
credit you unless for some reason thereis some kind of weirdness going on that

(01:02:07):
I don't know about, like,for example, that you can't I don't
know if you can just change backand forth. So this greenhouse was on
your residential property, right, Yeah, that's right. So during the time
you had your business, the housegas was also being charged commercially. Yes,
you know, why do they chargedifferent for commercial by the way,

(01:02:30):
I'm wondering just because they can.I mean, it sounds weird to me.
Yeah, I don't know. Imean that bill is so complicated to
try and figure out what they're whatthey're charging for. But you know,
when I first initially called them,they said, yeah, no problem,
will come out and inspect it,and if the inspector sees if you're not
using it in the commercial end ofit, we'll switch it over to residential.

(01:02:52):
Yeah. Fine, all right,listen, listen, we need to
give this to somebody to work onfor you. I want to give it
to you. I want to giveit to Deputy Dollar to uh one of
our deputies to call over there andtry to shake it loose. Let's try
to light a fire over everything else. Yeah, well we'll try. We'll

(01:03:14):
give it a try. That's whyyou called, right, so let's figure
it out. Hang on, Hey, Kasina, just raise your hand if
you're if you're listening, thank you. Okay, So she doesn't know I
have a camera in there. Uhso you get this to Deputy Dollar.
That would be good. We'll havehim work on this. Three oh three

(01:03:34):
seven one three eight two five fivemore. Right after this, go with
a sure thing Denver's Best roofer Excelroofing dot com. You don't pay a
cent until you're content. Time foran insurance check up free, no obligation

(01:03:54):
in comparison, call Compass Insurance payingtoo much your coverage? That does of
insurance companies find out now three allthree seven seven to one help. You'll
think you're his only customer when youchoose Frank durand the real estate Man dot
com to list your home with RemaxAlliance. Three all three nine two zero
sixteen twenty two. Hi Tom Martino, you're a troubleshooter. Somebody screwing with

(01:04:20):
us. They're writing on our callscreener. How do they hack into that
one anyway? Three O three sevenone three talk seven one three A two
five five. Bert's turn with InfinityRight, Yeah, what's happening, Burt?
What's going on? Bert? Bert? Bert? Bert? Listen man,

(01:04:45):
time waits for no man. Let'sgo to Uh Rob, he has
a car insurance issue? Rob?What's happening? Uh? Yeah, Rob?
What's that? I'm doing? GoodMan? What's going on? Yeah?
So I had a neighbor back intomy car and I was wondering if

(01:05:08):
you had a good body shop fora second opinion. So I'm not one
hundred percent sure that I'm gonna getget it fixed or just take the money
because the car is old. Andhow old is the car? It's fifteen
years old. That's two hundred andfifty thousand miles on it. I wouldn't
get it fixed. Why the hellwould you ever get it fixed? Right?

(01:05:29):
So that when they were looking atit, they said there's probably be
supplemental claims also, So it's like, how do I know I'm getting the
right amount of money for it fromthe instro and they think there's the other
damage? Hey, let me askyou this in there, you got two
hundred and fifty thousand miles, it'sfifteen or whatever. What kind of car
is it? Highlander? Man,how long have you had it? Who?

(01:05:53):
Eight years? Holy crap? Didthat do you? Well? Didn't
it? So? What? Howdoes the damn it look to you?
It's just cosmetic. There's a coupleof dents and a broke, cracked bumper.
But unless you're really looking at it, you don't really know this.
Well, we have some good Imean, there's all kinds of good places
that what are you looking for?It? Just you you want to get

(01:06:15):
an estimate just for grins. You'renot going to get a fixed right,
Yeah? I want you know,I want to be fair to him.
So if you know, even ifI have to pay something to get a
good X estimate, you know someonethat could say, actually, what's a
fair price from insurance company? Yeah? Okay, Gott's Let me let me
look here real quick. We wehave Rocky Mountain. Well, I don't

(01:06:39):
know, Mark. We don't havea full blown body shop anymore. Now.
I like Michael's autobody though in CastleRock. I know it's a little
far for a lot of people,but but I've just had did you know
that, Michael? Did you knowMichael sold? Yeah? I did.
But it's still the same gang downthere. I stopped in the other day.
Oh, okay, how far areyou from Castle Rock? About a

(01:07:00):
half hour. I could probably makeit there. Michael's autobody call them first
though. Yeah, definitely they're slamMan. They do great work. Yeah,
there are some categories we have toshore up on the referral list.
Over the years, our long dependablepeople that have been on there are starting
to get old and retire. Idon't know when Fuller is going to retire,
but he's getting old. Hint hint, hint, hint, hint,

(01:07:24):
hint. Hey shut up, Martin. Huh, how's next week? Okay,
John's gonna throw it into towel.That's just a rumor. By the
way, Speaking of John, wehave him here real quick here and then
we'll take you after the break.We're running out of time. I got
some texts, will come back toyou know. On personal injury, one
of the biggest confusion factors is whathappens when I get hurt? Who takes

(01:07:45):
care of my bills? I don'tknow why people are waiting thinking the other
party is going to do it,because they're clearly a fault. It takes
a while. Can you get areprieve or at least will the other will
the medical people hold off till theend? We'll find that out more coming
up. Go with a sure thingDenver's best roofer Excel Roofing dot com.

(01:08:06):
You don't pay a cent until you'recontent. Time for an insurance check up
free, no obligation comparison call CompassInsurance. Pay too much your coverage at
dozens of insurance companies find out nowthree oh three seven seven to one help.
You'll think you're his only customer whenyou choose Frank durand the real estate

(01:08:27):
Man dot com to list your homewith Remax Alliance three oh three nine two
zero sixteen twenty two rips need soyou don't have run incious as fast as

(01:08:47):
can. Shooter's gonna help. Comeman, This is the Troubleshooter Show.
No Tom Martino, Hi, TomMartino here, Welcome to the show.
Three oh three seven one three talkseven one three eight two five five.
This hour brought to you by Waterprosdot net. You know you can get
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They have waterpros dot net three ohthree eight six two five five five
four. John Fullers with us andmy accident lawyer dot Co Mark Major Mark
Majors with us, and we're talkingabout your problems, questions, complaints.

(01:09:55):
John, we do have quickly herea let me see let me you're at
the Camra now. Good people wantto know there's a situation where they have
an accident and they want to know. Technically they know that the other party
is responsible their damage. But untilthe case is over, the insurance the

(01:10:19):
other insurance probably won't pay. Butcan you negotiate something to keep people off
of your clients back for a whileif there's a good case. Yeah,
so let me just start where youdid. It's not that they won't pay
for a while. They will neverpay those bills as they're being incurred one
hundred percent, I can say,okay, certainty, they will not pay

(01:10:40):
those bills. So even if it'stheir fault, it doesn't matter his fault.
It is that at fault. Insurancecompany only represents their insurance. They're
not a guarantor for your medical bills. They will not pay them if they're
sent to them. Period. Sopeople all the time go in the hospital
and say, oh, yeah,here's the act. You know, the
guy who is at fault. Theinsurance companies, they receive those bills and

(01:11:00):
they just turn them around and say, we don't know who this guy is.
You know, we have no dutyto pay these bills, so they
reject them. So here's the deal. You owe those bills. Okay,
it's a component of your damages.We will go after them, we will
get reimbursed for them. But youowe those bills. So if you have
copais or deductibles or you know,out of pocket maximums that you have to

(01:11:23):
satisfy, those are all things thatyou're going to have to deal with.
And some can be negotiated and somecannot. There are some billers like ambulances
and emergency rooms that seem to wantto turn people over to collections, you
know, before the door is evenshut, when they're leaving the hospital.
And that's just something that we haveto deal with. The good news is,
most of the time, if wecontact these building entities or the collection

(01:11:47):
agencies that they employ to collect thesebills, if they know who we are
and they know that you know thatwe're pursuing a case and they've got a
long track record of us paying them, most of them will sit quietly and
wait and will not even report youto the credit union or the credit bureaus,
you know, for those outstanding bills. Okay, so we have another

(01:12:08):
situation here. Let's say you havemedpay, then medpay pays them. Medpay
is a coverage you carry for yourselfand your passengers, which is an immediate
payment. If you do have medpay, they pay it. But does the
other company reimburse your medpay? No? Medpay is nonsubargable. So what if
you collect for those? Can youactually collect for those even though medpay pay

(01:12:28):
them? Yes, wait, andyou don't have to, so you collect
them and you don't have to paythem back. That's the beauty of medpay
is it's a non subargable, whichis a fancy word of saying we don't
have to pay it back bad Doyou not have to? The other insurance
company does not have to, sothey're insured, does not get to take
an offset for something that either healthinsurance or medpay is already paid. But

(01:12:49):
they so you're telling. Wait,I find this hard to believe. So
if I'm injured and I had tengrand in bills before I win my case
and my pet medpay pay ten grand, I can collect that ten grand from
the person at fault and keep it. And you should be able to because
the only reason you had that medpayis because you had the financial forethought to

(01:13:14):
pay for that coverage to protect youand yours. It's not for the other
guys for me. Okay, now, next question, then what about health
insurance. Let's say I don't havemedpay and my health insurance pays except for
my co pays or whatever deductibles.Does my health insurance get reimbursed? Sometimes
it depends on the type of healthinsurance you have. There's two major categories.

(01:13:34):
Those that are called arisk of policies, which are generally your larger employers
or your federal day type employers,and then those that are regulated under the
state law of Colorado. If it'san ariska policy, almost always are going
to get paid back. If it'sa state policy, it depends if we
get policy limits. There's a lawcalled the makehold doctrine that can sometimes you

(01:13:59):
know, invalidate their ability to getpaid back. There's so many rules that
it's so tricky to figure out.I don't know how anybody would figure it
out if they don't do this everysingle day, and that's why they need
to. Okay, So the takeawayon this is first, get med paid,
Second, use your health insurance.Third, you'll get reimbursed, and

(01:14:20):
let John figure out how much youget to keep. Yeah. I mean
that's about of mine rules to liveby. Yes, Okay, Now,
Joyce, I don't know if thisis about injury or about your car.
You have a state farm issue.What's going on, Joyce? Hi,
it's not about an injury, it'snot about a car, and it is
for a friend in Pennsylvania. Okay, the state farm. It's a state

(01:14:44):
farm claim. Yeah, and shehas a house that she's owned. Did
she get what happened? Is shestill there, guys, I don't think
so Lione slit up. She's justnot talking. Kelly's gonna try and talk
to her. All right, holdon, we're gonna get you back here,

(01:15:06):
Joyce. But share her friend livesin PA and uh was injured.
I guess or has a problem.But we'll we'll figure that out. Three
oh three seven one three talk threeoh three seven one three eight two five
five. By the way, whenit comes to no fault versus torque,

(01:15:29):
are there still no fault states?Yes, So explain what no fault is.
And if you're in that state andyou get in an accident, then
no matter what kind of insurance youhave, no fault prevails, right,
not necessarily, really, that's first, Explain what no fault? Okay,
so what is no Those that havebeen around for a long time in Colorado,
we used to have the years wehad no fault and meeting old no

(01:15:51):
fault statue. If you and Igot in an accident, it didn't matter
who's at fault. My insurance companywould pay for my medical bills and yours
would pay for yours. And so, if you'll remember, back in that
day, we had something called personalinjury protection or for PP and that was
fifty thousand dollars for medical bills andfifty thousand dollars for rehab, which could

(01:16:12):
get rolled into the medical So youessentially had one hundred thousand dollars of a
medical insurance policy on every single carinsurance policy in the state. So,
in other words, but it wouldcut mind covered me, yours covered your
absolutely, And that's why the logicbehind that was you didn't have to worry
about what insurance the other guy had. Well, what if the other guy's
that fault, what happens, That'swhat I'm saying. Even if he was

(01:16:33):
at fault, you would still useyour own auto insurance and would your insurance
go collect from him? Nope,they did not subrogate for those. What
if it went over fifty, thenit just went over fifty. That's when
you would start using traditional health insuranceand stuff like that. Actually, if
it was over one hundred, becauseyou could roll. When did your personal
injury lawsuit then, John, whatdid you fight for then? Faint and

(01:16:56):
suffering, any excessive medicals, anythingthat wasn't covered by OK So, if
something was not covered by personal injuryunder no fault, then you're then you
would go and collect from their insuring. It doesn't take that much injury to
go over one hundred thousand, whichin the world, in my opinion,
no fault seems to be logical becauseit doesn't encourage people to go crazy because

(01:17:20):
their own company's paying for it.So the the criticism of no fault was
that the doctors would look at thatthat package of available benefits and money as
like a piggy bank that they couldjust they could just overtreat and cows came
home. And that's what the insurancecompanies lobbied on when they proposed to change

(01:17:40):
it. To the system we haveright now is that, oh my goodness,
we're being taken advantage of and they'rethey're just overtreating like crazy. Now
some of that and now the systemis torque, meaning the one at fault
pays. But yeah, but thewe're like the total polar opposite to where
now the struggle is getting people tocare that they need and paying for it
the interim between the time of theaccident and that settlement. Because of what

(01:18:02):
we talked about earlier, they're notgoing to pay those bills as they're being
incurred, and so more victims gotcreated because of an inability to pay.
You like no fault better, Ican work with both. I mean,
it was a big transition to getover into the system that we have.
It's not a bad system today,but it requires you know, a lot
more hands on management. Are there'sstill no fault states? Yes, Okay,

(01:18:27):
Then if I get hit, ifI'm vacationing in a no fault state,
what happens? What law prevails?Well, if you're hit by a
person that's you know, at faultin that no fault state, the no
fault law will dictate kind of howyour case will proceed in so they don't
get However, the fact that youhave a policy from here means that you'll
still get to use your medpay andall those benefits. I have med pay

(01:18:49):
right, so have great coverage here. If you go to another state unit,
if I don't have medpay here,then I'm screwed there. You may
be, Yeah, you're going tobe. You're gonna be under their system.
Yes, and if the guys thatfault you eventually probably could collect you
hope. Yeah, But do theymake you like Florida where you're not even

(01:19:09):
required to have liability but you know, do they make you collect with no
fault? Do you collect only theamount above the mandatory limit? But yes,
but that's just for medical bills.That doesn't include wage loss and planet
suffering and all the other and futuremedicals as well. But if I go

(01:19:29):
to a no fault state and I'minjured and I you know, they they
get to subtract the first fifty thousYeah, but those benefits are also time
limited, and I get a lotof stuff they don't cover. So it's
not it's just simple to say wededuct fifty grand, okay, but they
are entitled to, you know,an offset that those damages are not chargeable

(01:19:50):
to the defendant right until we,you know, see a certain threshold.
Okay, got it, Joyce.Now, State Farm, what's happening?
Okay? Are you still there?Yep? Your friend is in Pennsylvania.
What happened? So? She hadhealth house insurance with State Farm that she
thought was on the house she currentlyowns. Turns out they had used an

(01:20:14):
address they had from her back inthe late ninety nineteen ninety eight or something,
and they're refusing a claim for anew roofs because the address on her
policy was wrong. What oh,Wait a minute, so they claimed the
prop so on her declarations page itshows the covered property as a different address

(01:20:36):
than the one she's in. That'swhat they're claiming. How long has she
had this policy under the old address? Since under the under the new address?
No, under the How long hasthere been a mistake on her declarations
page is twenty eighteen? So arethey willing to give back all her premiums

(01:21:00):
since she wasn't covered? So shehas not talked to anyone that has been
willing to say that. Well,if they're not, they can't have it
both ways. She never had anensurable interest, yeah, property right.
If she never had an ensurable interestat that old address and they were charging
her for that old address, thenthey either cover the new address or they

(01:21:23):
refund the old address. They can'thave it both ways. How much premium
has she been paying since eighteen?So it would have been eighteen, nineteen,
twenty twenty one, twenty two,twenty three, twenty four. How
much has she been paying for sevenyears? I do not know that.
I didn't get that information. Solet's say it was about what kind of

(01:21:43):
houses? It probably a medium size. I'm going to guess two thousand square
foot max. So let's say shewas paying two grand. How much is
the roof going to cost? Itmight be a wash. How much is
that roof going to cost? Twentythousand? She said she's going to be
out of pocket some. But uh, I'm telling you there's a problem.
Hold on. I want to getour insurance experts on to talk about what

(01:22:09):
would happen in a case like that. Who's that fault here? I tend
to think it's the insurance people atfault, and their errors and omissions should
cover it. We'll figure that outcoming up. Three oh three seven one
three eight two five five. Gowith a sure thing Denver's Best roofer Excel

(01:22:30):
Roofing dot com. You don't paya cent until you're content. Time for
an insurance checkup free, no obligation. In comparison, call Compass Insurance paying
too much your coverage at dozens ofinsurance companies find out now three oh three
seven to seven to one help.You'll think you're his only customer when you
choose Frank durand the real estate Mandot com to list your home with Remax

(01:22:54):
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it is compared to the brand namesDenverregen dot com. So Joyce had a
claim her friend and this is wrongand did we get compass on Kachina.

(01:23:42):
I want to get compass on totalk about on it right now. Thank
you very much. Hold on,Joyce, Natalie, what is your question
for John Fuller? Possibly go ahead, Natalie, Hi, yes, thanks
for taking my call. My nephewand his wife play in a co ed
softball and they were playing a couplefridays ago. He was building second.

(01:24:05):
His wife caught the ball and justkind of lobbed it to him. She
didn't, you know, throw ithard or anything. And there was a
runner coming from first place to secondbase. And when my nephew caught the
ball, they locked eyes. Helocked eyes with the runner, and the
guy just like kept running and Imean he was already out and he lowered

(01:24:29):
his shoulder and went right up intomy nephew's face, broke at least two
teeth, split, his lips wideopen. Now, was he angry or
he just couldn't stop? Was itlike an intentional thing? It was almost
intentional. He never even stutter steppedor But did he say like he was

(01:24:50):
going in that direction anyway? Rightthen he was called out and he kept
going? Was he when he wascalled out? Was he a foot away?
Two feet away, you know,ten ft to would you know?
I don't know. That's a reallygood question. But and just charge right?
I don't think he was. Hejust charged right through him. And

(01:25:10):
my nephew's not a small guy.He's like six' four and this guy
was shorter than my nephew said himto hit him. What's it? Now?
Did the guy how did the I'mjust curious, how did the guy
react after it? Did he saya serves you right, get the hell
out of my way? Or whatdid like did he say anything? My
bad? Bro? Okay, Soit's not like it's not like they were

(01:25:31):
trying. He was trying to bea jerk, and did it seem like
he was surprising he made a mistakeor that I don't know, the guy
have a bigger question. There wasno remorse. My my nephew had blood
like pouring out of his mouth andhe just you know, the whole game
stopped because John was injured. Howcan I help you? Here's what I

(01:25:55):
want to ask you, John.I know she's probably asked, is there
any liability? So I want toknow this. When you play sports,
is there such thing as negligence oryou just hey, man, that's an
assumed risk. You're playing a damnsport. You tackled me too hard,
you checked me too hard, youdid something and injured me. Really what
about that? Yeah? So assumptionof the risk is always a defense against

(01:26:18):
claims you know that you would makeagainst somebody. Here's the thing that you
know, my personal injury lawyer,you know, thought process kicks in.
Let's say this was a complete accidentand the guy you know didn't know your
didn't know he was there, andand just ran over him by accident.

(01:26:39):
Its complete negligence. Knew about itand should have known and just it was
a total accident. You know,you could maybe go against a homeowner's policy
or something like that to get somesort of coverage. But you know even
that would be an uphill battle.The fact that it was more or less
an intentional act means even if therewere ten insurance policies up, you're not

(01:27:00):
going to be able to make aclaim for an intentional act. That's like
an assault. You can't go andblame somebody for accidental and an intentional act.
I mean, so, if somebodyintentionally injures someone, like if I
drive my car into somebody, Yes, that's an intentional act. My insurance
company, my insurance company can turndown that other person. They can and

(01:27:24):
will turn down. No, notthe other person. Don't turn down your
defense. You know they won't come. That's what I mean. So,
but will they have to cover theother party if I injured them intentionally?
No, But Tom, you won'thave the benefit of your insurance to cover
you, to protect you. Iknow you can be personally liable right for
that? For that, I getthat, I get that. But so

(01:27:45):
so if another car runs into meout of anger, I can't go after
that other car's insurance. Correct.Wow, there's gonna be no coverage,
just an intentional act exception, andevery insurance company has You can't go run
somebody down and then claim, oh, I'm sorry it was an accident.
I want to call it negligens andget my insurance money. So if this

(01:28:06):
guy was intentional, the victims solBut if the victim was not intentional,
it's actually better. But wood doesinsurance, non insurance, does liability cover
you? I mean, does doesnegligence play into the fact of a game?

(01:28:26):
So usually there are waivers and allsorts of stuff that you signed to
participate in those things saying I acknowledgethat these risks exists, and I'm willing
to waive them. Okay, Soyou may not even get past the word
go to find a viable claim.But assuming you got beyond that, we
deal with was it an accident wasit not? If it was an accident,
we then try to find coverage.We go to his homeowners. If

(01:28:49):
he has homeowners he may not.You're not going to get it on car
insurance. You're not going to getit on you know, anything else.
So you're you're you're rapidly getting intoa narrow you know, tiny little subset
that might might find coverage. Thechances are the answer is no. But
I've heard of negligence. Did Ieven hear? Like? Can't a professional

(01:29:11):
football player actually be charged with negligenceif he knocks out a guy for life
in his career and he was justexcessive force? Is there a such thing?
Maybe? I mean, certainly theycould be negligence, but you're mostly
going to get into intentional action.I mean, it's you ran the guy
down. It wasn't an accident.You teed up on him and mote him

(01:29:32):
down, So there would be noinsurance, but could be personal liability.
There could be personal liability absolutely.Okay, those guys you would you would
do it because they have money.But your average walking around guy that has
you know, no unencumbered assets,no, you know, big fat bank
account sitting out there, there's noyou know, there's no pot of gold

(01:29:53):
there to go after the guy.Okay, So what would your question be,
Natalie, As John said in thebeginning, because I just wanted to
get all of this out first,did we cover it here? Do you
have a specific question? Yeah,I mean you kind of did. They
They both are in sports a lot, so they know about waivers. They
didn't. This league did not havethem find a waiver, so they they

(01:30:19):
know. They thought that was interestingtoo. Are there assumed risks without waiver?
Yes? So you know then forexample, if you play a sport
the Empire, even if the umpirebrought the teams together and said emphatically that
this is like this is a noncontact softball game a league, and I

(01:30:41):
mean the umpire has already told thedirector of the league all of this information
too. So that's what I wasabout, calling to see if they had
any kind of without me being asmart alec here. So what you know,
if the if the umpire said nowboys and girls were not going to
run into each other, we againcome back to the same analysis. Was
it negligence meaning there may be theability to find some coverage through a homeowners

(01:31:05):
or something, or was it intentional? It still sounds an awful lot like
an intentional contact. Even if hedidn't intend the actual result. He intended
the hit. And you're going tobe liable to the consequences of your intentional
acts, and one of them isthat there's not going to be coverage available
under your homeowner response. And thisguy theoretically how much injury does he have

(01:31:28):
By the way, they're already likethey've already spent like ninety five dollars.
Oh my god. So this guyhad his face decimated. That's horrible.
Yeah, I mean, yeah,it was just he had is his health
insurance covering him? He does havesome, I mean it's dental insurance.

(01:31:53):
So they do have some some dentalinsurance, but there's still is it all
dental or does he have any medicor orthopedic problems? No, orthopedic.
You may have cosmetic and is left. But we were thinking that healing fine
because it just went back to whereit was supposed to go. But it's
mostly going to be dental. He'sstill have the waiting up another six to

(01:32:15):
eight weeks because the bone fractured,in his word, his teeth going his
upper job bone. So it soundshorrible. I think goodness has health insurance
or man. You know, sometimesthere's just not a there's not a liability
claim or anyone. Well, theremight be, but it may not be
worth pursuing. I don't know.I mean, look, you know,

(01:32:36):
does listen, there's no there's noharm in asking. So see if the
guy that ran into him has ahomeowner's policy. I'm sure that the guy
is not going to say I intentionallyran him down, even though we have
our suspicions. But there'd be nopenalty for calling that insurance company and opening
a claim and letting them analyze itand see if there's coverage. If there

(01:32:58):
is, great, if not.You tried so in Natalie, you bring
up some good points, by theway, and thank you again. I
hope it works out. But man, I want to ask this John in
a bar fight. We've had callslike this. I got to take this
break right dragging am I overtime?I do want to know about a bar

(01:33:20):
fight because we've had these questions beforethis and more coming up. Go with
a sure thing Denver's Best roofer ExcelRoofing dot com. You don't pay a
cent until you're content. Time foran insurance check up, free no obligation

(01:33:41):
comparison call Compass Insurance paying too muchyour coverage at dozens of insurance companies find
out now three all three seven toseven to one help. You'll think you're
his only customer when you choose Frankdurand the Real Estate Man dot com to
list your home with Remax Alliance threethree nine two zero sixteen twenty two.

(01:34:05):
Hi Tom Martino, you're a troubleshooter. Let's ask Jeremy from Compass Insurance Group
about this really weird situation in Pennsylvania. Jeremy, welcome to the show.
Hey Tom, Hey, So Joyce'sfriend has a policy homeowner's policy, and

(01:34:27):
just listen to this one. She'shad the State Farm policy since twenty nineteen.
All right, Okay, now that'sthe five years. Now. She
recently was denied a roof claim becausethey have her down as the home being
at a different address. Joyce,I want to ask a few questions.

(01:34:49):
The address that was being insured accordingto State Farm. Was that how she
used to live at? Yes?And how long she was in the new
house in twenty nineteen eighteen? Yep? Well no, actually she was in
the new houses two thousand. Butin twenty eighteen she changed to State Farman

(01:35:11):
Healthful And when she changed to StateFarm, she changed what address? But
they when she she was in thathome since two thousand. So when she
switched to State Farm, where'd theyget this other address? Probably from an
old State Farm policy that she hadat the other address. Okay, so

(01:35:34):
when they issued the policy in adeclarations page. Did she notice an old
address on it? She did not, And State Farm has her car insurance,
and she and her car insurance isfor the correct address. Now,

(01:35:55):
one thing I do know as wellas I know all the people Compass.
Whenever they do anything, including savingme money, they make me sign a
complete set of documents again on DocuSign. Now, Jeremy, Jeremy, do

(01:36:15):
you do that for your protection?So I sign off on it and agree
to it. We do it fortwo reasons. One, yes, that,
but two, it's so much easieranyone can make a mistake, and
it's so much easier to have differentlayers, multiple layers up front to catch
that mistake, to avoid this situation, because it really is. We want

(01:36:40):
to make sure we're all on thesame page. Well, whose fault would
it be? Then? What doyou think if Compasses? Well, I
wouldn't say if Compass, Compass wouldnever do this, I don't think.
But okay, so let's say they'vebeen ensuring since two thy eighteen, this
damn house. It's not even locatedthere. I think the original mistake,

(01:37:03):
certainly. I mean, if theyhave the correct address for the auto,
then the mistake falls with the insurancecompany or whoever wrote it for having the
wrong address. I mean, clearly, what happens they're refusing to pay well,
I think at some point the insuredas an obligation as well to make

(01:37:24):
sure they're reviewing those policies. SoI think it's a big difference to say
has happened, you know, inthe first year of the policy. Even
you could probably make an argument,but Jeremy, listen, I've had insurance
for I don't know how many yearswith you guys, and after the first
year, I've never looked. I'venever looked at my dext page. You

(01:37:45):
just tell me what I have,and I don't. I don't look,
I'll be honest. Sure, AndI think a lot of that comes back
to what is the agency doing ontheir end to make sure things are right?
Right, So every time someone callsin, we try to review that
account, catch things, making sure, hey, you know this doesn't look

(01:38:06):
right. I think a lot ofthis comes into trying to avoid the problem
to start all, right, ButI think so Joyce, SOMETHINGY is going
to take a stance at some point, whether people do it or not,
there's going to be some level ofhey, you know it's on the first
page. Hold on, Joyce,because I have a lot to say about

(01:38:27):
this coming back. Hang on,and if you could, Jeremy, that
would be good. We got morecoming right up. Go with a sure
thing Denver's Best roofer Excel Roofing dotcom. You don't pay a cent until
you're content. Time for an insurancecheck up free no obligation comparison call Compass

(01:38:47):
Insurance paying too much your coverage atdozens of insurance companies find out now three
out three seven to seven to onehelp. You'll think you're his only customer
when you choose Frank durand the realestate Man dot com to list your home
with Remax Alliance three all three ninetwo zero sixteen twenty two. Hi Tom

(01:39:11):
Martinez here three three seven one threetalks seven one three eight two five five.
So, Jeremy, it seems tome that this is negligent on the
agent's part, for sure. Butyou know, I gotta think they were
paying. Now the roof's going tobe twenty grand, they were paying in
premiums. I don't know. Iwould say at least about probably two thousand

(01:39:32):
a year. I don't know,sure, And I guess. The thing
I would say is it seems likeit's something they should be able to fix,
right, they should be able toget either their money back, although
I don't know if i'd settled forthat, and that's six years of premiums.
But Jeremy, this is the insurancecommissioner for that state. Don't you

(01:39:57):
think they'd have something to say aboutthis? I would that'd be where I
would content. That'd be the firstperson i'd contact. You're not gonna I
mean, if State Farm is goingto take the stance they're not going to
pay, I don't know where you'regonna go with that. I mean I
would go to the insurance commissioner.And you know, in every state's different
obviously, because I think this wasout of state, and how they're gonna

(01:40:18):
look at that, and I thinkthe you know, the goal obviously is
to avoid it from happening, butwhen it does happen, you still have
to look at the intent. Youknow, is this off at digit is
it an old address? Clearly thatshe didn't give them this address. They
have the correct address. So Ifeel like it's just simple, we're not

(01:40:42):
covering it because of this seems alittle harsh. I mean, it's it's
not like she didn't have insurance,but it's hard to make that fight with
some companies. Well yep, Now, I would say you need to contact
as soon as possible your buddies andget them to put a complaint in with

(01:41:06):
the state authorities because they're pretty strictwhen it comes to can't you know,
insurance authorities are usually pretty good atfollowing up complaints. So and I would
make the argument, if they're notgoing to cover it, then she didn't

(01:41:27):
have insurable interest on this phantom housethat she's ensuring. They shouldn't be able
to collect the money on it.She couldn't have made a claim on it
if she doesn't own the house,So I said minimum, she should be
able to fight to get that premiumback, which would at least if she
can't get it covered, should helpoffset the cost of that. But you
can't have it both ways. Bythe way, it's the Pennsylvania Insurance Department

(01:41:54):
of Consumer Services. Look them up, Pennsylvania Insurance Departments Consumer Services. I'm
Tom Martino. Thank you Compass Insurancefor insurance checkups three oh three nine nine
six nine thousand, Go with asure thing Denver's best roofer Excel Roofing dot
com. You don't pay a centuntil you're content. Leave time for an

(01:42:15):
insurance checkup free no obligation comparison callCompass Insurance paying too much your coverage at
dozens of insurance companies find out nowthree oh three seven seven to one help.
You'll think you're his only customer whenyou choose Frank durand the real estate
Man dot com to list your homewith Remax Alliance three oh three nine two
zero sixteen twenty two d news.You needed that? Who you don't have?

(01:42:48):
Run in USA as you can.Shooter's gonna help come Man six is
the Troubleshooter Show. No Martino,Hey, Tom Martino here, Welcome to
the show with John Fuller Fuller Law. We're talking about personal injury, liability,
negligence and where they cross and crisscrossand all of that. Plus we're

(01:43:12):
talking about your problems, questions,complaints. Had some very interesting calls,
something about towing by the way fromeverything I see and read and people text
me, there are limits. Didyou look it up? John? There
are limits to what people can chargeyou, and I think this one woman
was overcharge However, there's no gettingout of towing normally if you did everything,

(01:43:32):
you know, as long as theyhad a sign up and they did
everything according to law, and mostTOE companies believe it or not do that.
Now there is a little thing goingpeople confuse about twenty four hours notice.
That twenty four hours notice is onlyfor parking in residential areas where you
are in a parking spot, butnot someone else's parking spot. It's just

(01:43:54):
being unauthorized. They have to giveyou twenty hours twenty four hours notice.
But if you're in a fire laneor a something ruled to be a safety
blockage, or you are in someoneelse's spot, there's no twenty four hours
notice. The same with commercial parking. No twenty four hours notice. Now,
John, what did you look upabout towing? Okay? What did
you look up your memory techne?Oh good, Okay, we were talking

(01:44:15):
about photographic memory techniques. What's thename of it. I want to tell
them what I talked to. Theycall it memory palace or a method of
loci as com memorization technique. Bythe way, if you're ever thinking about
memorizing them. I was trying tofigure out I was telling John what I
do sometimes, he said, that'sa technique known, a well known technique
for memorizing and memory palace is whereyou visualize a place. You know.

(01:44:36):
Let's say your house right now,if you think about your front door walking
in, you know what you seeon the left, you know what you
see on the right, you knowwhere your office is, you know the
bathrooms, you know everything in yourhouse. Usually you can do a mental
walk through of your house. Soto exercise your photographic ability, what you
do is associate something you want toremember with a certain part of your house

(01:44:56):
and when you walk in. Sofor the left, I have a credenz
or right there in the hallway,So now I visualize something on that credenzie.
It could be that person sitting onthere by the way. The more
ridiculous the vision, the more you'llremember. You can remember somebody sitting on
there or laying on there, drinkingsomething I don't know, or whatever.
It's something colorful, or you havea flash card on there, or some

(01:45:19):
fact on there. So it's reallyfun. I didn't realize. So he
told me, you know, toemwhat you do has already been done and
people do it. I used todo it because I would always think I
can remember places, I can rememberimages better than I can remember words on
a page or definitely auditory stuff.But everyone has a different way of learning.

(01:45:42):
And that one we were talking aboutoff the air. So now let's
talk about other things. The towingthing I brought out, and there's something
else. This insurancing has us pissedoff, and I'm almost sure they're going
to get this covered. But theyhad a house insured, and on the
decks page was a house that sheused to own twenty years ago. Honest

(01:46:02):
to god, it had no relationto the house she was in. But
State Farm had an old address forher on file, and that's the one
they put on the deck page.So when she had a roof that needs
replacement, they said, we're notreplacing that roof because you didn't insure this
house. You ensured a previous house. She's been paying for six years on
so called previous house. Now,no matter what, no matter what,

(01:46:25):
they would owe a refund because sheused to have been paying on something she
didn't have an insurable interest in,she could have never collected on. But
better yet, I think their negligenceis that they should cost them the roof.
Now she can't out both. Idon't think a refund or a roof,
but I think she should be entitledto that twenty thousand dollars roof,
don't you, John, I mean, as far as what's right is right?
Or do you think it's not socut and dry? No, I

(01:46:48):
think it's completely cut and dry.If she didn't have an insurable interest and
Bush comes to shove and they juststick to the guns and say we're not
going to cover this lady's house,then they can hardly even against the suggestion
that they've got to pay it backbecause as proven by this claim, she
had no coverage, so they completelyjust charged her for something that they never

(01:47:09):
were going to provide. So absolutelya refund is coming. I guarantee you.
All right, three oh three,seven to one to three, Talk
James, what's going on with acar sale? James, Welcome to the
show. What's happening? Hi?Tom? Thanks Hi to my caller.
I really appreciate it. I'm notsure if I have a problem or not.

(01:47:30):
Yeah. So I went to EMICand I traded in a vehicle on
a lease. Yeah, and Itraded in the vehicle for sixteen dollars.
You know, by the way,I'm sorry you traded in a car on
a lease because they call it thedisappearing trade. They can work numbers on
a lease where you're not getting anycredit for that, but keep going,

(01:47:54):
okay, yeah, okay, I'llkeep going. So that leaves me with
nine sixty one dollars for my tradingbecause my payoffs, including the processing fee
of the title was so you hadyour saying nine thousand and sixty one to
the good let's just call it ninethousand positive equity copy. And then they

(01:48:15):
what they and I'll just rout allthe numbers from here. What they told
me is that they would only allowme to put six thousand dollars toward my
trade. And what did they dowith the other three? They said they
would give me a check. Youhave that in writing? Yes, I
do. I emailed you a copy. It's called a wee oh yeah doctor.

(01:48:42):
So are they refusing now to giveyou that? Well, they say
they they say that it's going totake one to two months, and they
try to get it to me inthirty days. And I want to know
if that's kind of normal operating thesea. Nothing's normal. It's whatever they
want. I mean, they couldhave offices in timbucktoo. I mean,
if that's what they agreed to,and you agree to it. But you
know, if you agree, itcould take one or two months. I

(01:49:04):
have no idea why it would,but I could see why they want it.
First of all, verify you havethe equity and all of that.
But I'm more concerned about something thatI can probably show you on your lease
where you didn't even get the sixthousand dollars credit. Okay, please do
well, it's too late now haveyou signed it? But what I'm saying
is, did you send me theleast ox? Did you actually send me

(01:49:25):
all the facts and figures? Isend you just one copy of the Here's
how they do it. They adjustthe least fact. Let me just tell
you how they do it. Theyadjust the least factor or the mileage,
or the acquisition cost or a littlebit of all. Where that trade you've
gotten nothing for it. Wow.Yeah, it's an age old ritual to

(01:49:49):
steal trades. It's called stealing thetrade. And you should never ever ever
trade on a lease. They can'tmask it. And a purchase that well,
they could always raise the prices andall that, but it's easier to
mask in a lease than it isin a purchase, because in a purchase

(01:50:12):
it comes off the price. Ina lease, you don't really have a
price. You have a payment,yea. And they tell me, okay,
So I'll just run through the numbersreal quick for you. The gross
capitalization cost with fifty Now do youknow what that means? Do you know
what gross capitalization means? It meansthe agreed upon value of the vehicle and

(01:50:32):
anything you add like service contracts.Right, that's right, right, keep
going, Yeah. And then sothe capital cost reduction was twenty five thousand.
Now where'd they get to twenty fivethousand through nineteen thousand dollars in rebates
and reduction? It was an evYeah, and my trade in okay,

(01:50:56):
So twenty five plus six No,twenty five polls included, oh, included
sixth grade, So that twenty fivedid you verify that the twenty five was
truly an extra? You know thatthe tax credits added up to twenty five
minus six. That says nineteen No. See, I'll tell you how they

(01:51:25):
got the Yeah, I see whatyou're saying. And when they say the
tax credits, why would they reduceit by the tax credits? Usually you
get the tax credits. Did theyactually did they take the tax credits then?
Yes, as the lease or theywould yep, yeah, okay,
I got it. So they tookthe tax credits and they took the tax
credits of nineteen supposedly and gave yousix for a total cap production of twenty

(01:51:50):
five. Now, if that's whatit's showing, and truly, if you
did get a cap production of twentyfive, then you got credit for that
six on the trade. However,was the cap figured properly? Like?
How did they get to the fiftythousand dollars cap? Right? Well,
how I'm asking how? What wasthe price? I'm sorry the vehicle was?

(01:52:15):
Was the greet Up Prime price wasforty seven one two? They jacked
me with car guard after I toldhim not to. I want well,
hold on, no, no,no, no, no, no no.
They didn't jack you with anything afteryou told him not to. You
jacked yourself because they they told okayyou okay, go ahead, and you
can still get that removed by theway you find it. So I'm responsible,

(01:52:38):
but you can still get that removed. But in any case, so
you got fifty grand, but you'repositive that the cap or if you went
out to buy the car, itwould be forty seven something. Oh no,
you get this car for a lotcheaper than that, Well, then
okay, rebate some step for it. No, I'm not talking about the
rebit. I'm saying if he wentout and just bought it out right,
he would get this right, sohe would. But I'm asking you right

(01:53:00):
now, if you bought that car, what would you pay for it?
I'm not talking about your credits.What would be the price you would pay?
I think you're you're I think youcould probably get it for forty five
cash. Yeah, yeah, youwould get it for less than Here's what
you would get it for. I'mgoing to tell you. I'm going to
tell you exactly what you would getit for. You would get it for

(01:53:24):
fifty minus the six thousand they gaveyou in a trade. You would get
it for for forty four thousand dollars. That yeah, So what did they
just do with your trade? Theystole it? That number onto the number
that they would. Really they stoleyour trade. You know, I wish,

(01:53:48):
I wish people would call us beforethey buy, or least, I
know it doesn't matter, at leastget your three grand but you know what,
because then you won't be totally Butbut they took a good part of
your trade. Yeah they did.How do I get the car guard,
gug, Just tell them you wantto cancel it. I don't know,

(01:54:09):
if any I don't know, ifany add on, you can't cancel.
You can tell them that, bythe way, that and the state attorney
general was involved in that years ago. Now a lease might be different,
and I'll tell you why, becausethe leak or is the one that bought
that, not you, And I'mnot sure they have to agree. Now.

(01:54:29):
See what they could say is webought this oh, with the promise
you were going to lease it,so you didn't really add it. They
added it. They added it tothe car they bought with the agreement you
would lease it with that on there. It's already incorporated into that vehicle.
Yeah, what I'm saying, that'sright. For example, if I said
to you, I'm going to rentyou a home and I'm going to rent

(01:54:53):
it to you with air conditioning,but you're going to pay a little more
for rent and you said, okay. Now you say no, I don't
want to rent it with air conditioning, I'll say tough. That was the
terms of the lease. The leaseis different than the purchase. Had you
purchased it, you could have doneaway with that. But I think a
lease changes things a little because you'renot the one who put it on there.

(01:55:16):
You really screwed yourself, bro.But it's okay. You know what,
live and learn. Do you likethe car? That's what's important.
What kind of an EV is?It's ID four b w Oh my god?
What? Oh god? Okay,okay, how did you choose that?

(01:55:39):
You hate those two? I don'thate them. I don't hate them.
But I'm saying, if you're goingto do an EV at least do
one that's proven. Folkswagons are notgreat cars to begin with. You know
that really because I traded it inan all track. I love that car.
Oh okay, so you like folks. We have more experience obviously than

(01:56:00):
I do. No, not,no, I don't not with every brand.
I only go by what I hear. I only go by what I
hear, and and and if youhad good luck with your Volkswagen and you
like the brand, I'm not tellingyou it's not a good brand. I'm
telling you it's it's not one ofthe more reliable brands. Like what he's
saying is your first car was likelythe Model T. You know, no,

(01:56:23):
listen, I'm telling you that.Here's what's on. Here's what's unfortunate.
Here's what's unfortunate. What's unfortunate isthe German cars nowadays. They're all
pretty good quality coming out of thefactory. They have really nice finish and
trim, but they don't have thelongevity or life that they used to.

(01:56:47):
And that's that's the sad fact.And they're not quite as bad as range
Rovers. Now. If you didrange Rovers, I would have smacked you
upside the head. But yeah,and range Rover happens to be one of
the prettiest SUVs right now out there. I swear to God, they're so
wonderful looking, but they suck,and I wish they didn't suck, just

(01:57:12):
like the Jaguars used to be.Jaguars were the nicest looking freaking cars they
ever made back in the day whenthey were made in England, and they
were almost possessed by the devil.They had so many problems the old Lucas
electrics. But I digress again.If you like the car, that's all
that matters. Right now, what'syour monthly payment? It is two twenty

(01:57:36):
plus tacks? Holy crap? Isthat good? Holy? How long is
that good? Fortie? That's spectacular. That's almost like a free car.
Now listen man, But now oneother question. How many miles per year
do you get to put on thatten thousand? But I live in Brockenridge

(01:57:58):
in the winter and I know driveand because I just think, listen man,
you made you made a sweetheart leasefor that's what leases are made for,
for customizing, and that's exactly whatyou did. You did it the
right way. By customizing it.You could have had it even cheaper,
which is amazing to me. Butyou freaking got that car for two hundred

(01:58:20):
and something a month. That's coffeemoney for a lot of people. Yeah.
My insurance is seventy dollars less amonth. Wow. What's your range
on that car? I'd they sayit's two fifty But to optimize the battery
you are supposed to do eighty percent. Yeah, so what's your range on

(01:58:43):
eighty percent? So my okay,deal is I needed vehicle up to go
to brack and and charge there.And here's what is it? All wheel
drive? Yep? All wheel drivefree charging at Electrify America for three years.
Okay, bro, then I takeback everything I said. Even if
they screwedge you out of a fewgrand. You you did pretty well.

(01:59:06):
We got more coming up on theTroubleshooter Show. Go with a sure thing
Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're
content. Time for an insurance checkup free, no obligation. In comparison,

(01:59:27):
call Compass Insurance paying too much yourcoverage at dozens of insurance companies find
out now three oh three seven sevento one help. You'll think you're his
only customer when you choose Frank durandthe real estate Man dot com to list
your home with Remax Alliance three ohthree nine two zero sixteen twenty two.
Hi Tom Martino here three O threeseven one three talk seven one three eight

(01:59:53):
two five five. Welcome to theshow. Let's continue here and try to
help you any way we can,as we do all the time. So
Karen has an issue on car service. Hi Karen, what's happening? Okay?
I took my car in for aregular old change. Where'd you take
it to? Larry H. Fordon Sims and sixth Avenue. Okay,

(02:00:18):
and what happened? Okay, Itake it in. They they give me
a video saying what needs to bedone, which they included the spark spark
plug. Oh so you you wantedan oil change, but they said you
needed a lot more. Yeah.Well I went in there just to you
know, to make sure I wantedmy alignment, you know, because of

(02:00:41):
my car, take care of mycar. My car has been there.
I took my car there for years. Okay, okay, yeah, so
they know that the engine of mycar because that's where it goes. If
anything's wrong, I'm there to fixit. Okay. So this time I
take it in. I just say, well, I need, you know,
the oil chains. And they gaveme a video and all the things

(02:01:05):
that were wrong with my car,it would say, the alignment, they
said, the spark plugs, mywindow, windshield wipers. They wanted to
do a few ing because of theyou know, the knowledge on my car,
which is not even eighty thousand milesokay for my twenty fourteen, for
its focus. So I kept thiscar with them at all times, all

(02:01:28):
right. So after a week andI had them look for it was a
switch in my tory. So didyou agree to all of that? Yes?
Yes? And how much did thatall come to when they made that
list for you? Okay? Itcame up to almost seven hundred dollars okay,
okay, So after that they didthe wheel alignment. The next thing,

(02:01:53):
you know, they said, it'sthe motor mounts. Okay, So
that's another nine hundred and minute,another nine hundred on top of seven hundred.
Yeah. So when I got mycar out, when I went to
go pick up my car, Idon't know why you would need motor mounts.
Man, I have no idea whythat's that's weird. But this is

(02:02:15):
not the kicker, though, notthe kicker. The kicker is I went
to go pick up my car,I pay the sixteen hundred dollars because it's
going to be eighteen something, butthey didn't charge me for the diagnostics,
okay. So they took that off, and they took the fuel injection on.
So okay, so I'm paying sixteenfifty out the door. I'm ready

(02:02:36):
to get my car. They goto get my car, they done left
the light off. The lights onin my car, so my battery is
totally dead. Okay, so Iwait an hour there for them to charge
it, and they said, ohman, you can get go ahead and
run your car because it's going totake me fifteen minutes to get to my

(02:02:57):
house. I go and get inmy car with my daughter and me.
Well, I go two miles downto Coofex. My car st RBMs.
It wouldn't go, so I goall the way. What's wrong with your
car? Now? Let's get rightto that part, Karen. What's wrong
with it now? Okay, they'resaying it's a clutch and it's the transmission.

(02:03:18):
Wait a minute, Wait a minute? How many how many miles on
this? My car has seventy nand now they say your clutch and your
transmission are going out? Yeah,and my car. I haven't had my
car since I chucked it off tothem. Wait a minute, did you

(02:03:39):
take you didn't go hold on?You didn't take it back for the clutching
transmission? Did you? Oh?What? Where's your car right now?
Karen? At my daughter's house.We need to get it. You need
to get it checked out. Imean I don't trust them. Okay,
what what this is the point?I have a kick engine light on.

(02:04:01):
We need to Here's what we needto do. Do you have the invoice
when you picked it up for thesixteen fifty? Okay? We need someone.
We need someone to go through thecar to make sure they did what
they said and that you and toverify what's wrong with it. Now if

(02:04:24):
it turns out, what's that,Karen? My car was perfect. My
car was perfectly. I would knowif I would have transmission problems. My
car had no lifetime, it neverhas no. But hold on, Here's
what I want to say, Karen. Hold on, just hold on.
I'll come back to you, okay, because I can tell you're upset.

(02:04:46):
I don't want you to be upset. There are things I think you can
do to just we can verify stuffor protect you. So hang on.
I'm Tom Martine More right after this, go with a sure thing Denver's Best
Ruffer Excel dot com. You don'tpay a cent until you're content. Time
for an insurance checkup free, noobligation. In comparison, call Compass Insurance

(02:05:11):
paying too much your coverage at dozensof insurance companies find out now three all
three, seven, seven to onehelp. You'll think you're his only customer
when you choose Frank durand the realestate man dot com to list your home
with Remax Alliance three oh three ninetwo zero sixteen twenty two. Hi Tom

(02:05:34):
Martino, you're troubleshooter three O threeseven one three talk seven one three eight
two five five. All right,So Karen said, she took her car
and for service or car's never beenthe same. You know, We've hear
this a lot, and it couldbe that they're jacking with her, but
maybe not. I don't know.She said, Oh, my car was

(02:05:54):
perfect. I hear this a lot, and you're not the only one.
So Karen, without getting up without getting analytical here and deciding who's wrong
or who's right, here's what Iwant to ask you. Do you have
the invoice, you have your car? Are you willing to where are you
located in the general area? Well, my car is at my daughter's health.

(02:06:15):
Where's that in general? Not theaddress, but give me some cross
streets. Olive Street in thirty secondEvenue second is park Hill. Yeah,
okay, listen. If you wentto sharedan Auto Tech, which is Kevin,
or you could go to RKC Automotiveon West Evans west of Tayhone.

(02:06:42):
If you went to one of theseshops and Kachina can give you either one
if you your car driveable or notsomewhat. They just dropped it off with
the tow truck and now it's stillit's having battery charge of problems, which
they drained my battery and said theyfully charged it. But this sucks.

(02:07:03):
This sucks so much, and mycar was it's the battery now. So
I'm but no matter what, listen, listen, when was the last time
you did your battery? I justbought a battery there from Sam, so

(02:07:25):
it's less than four years old?Lesson Okay, because let's just say I
have that on file where I boughtthe battery. Yeah, but you say
it was four years Yeah, okay, you know it's I know. We're
gonna no matter what, we gottaget this analyzed by something with someone we

(02:07:46):
by people we know and trust.Once you get this analyzed, we can
figure out, first of all,did they do what they charged you for?
If you paid freaking sixteen hundred andfifty bucks, we better make sure
they did what they promised. Thenwe can see if they did any damages.
But I doubt they did damages.But something's going on. I just
don't think they're telling you the truth. I don't have a lot of faith

(02:08:09):
in Larry H. Miller, neverdid. We had get a lot of
complaints about them. So what I'dlike to do now, I'm not saying
they're cheating you, but I justfeel a little sketchy about this on how
it happened. But we need onething after the other. And my car
was I didn't have a check engine. I drove my car. I know
when if I'm having transmission issues,I know this. I'm a car owner.

(02:08:33):
No, I know that. Butit something went wrong here. I
don't know what it was. That'swhy we want to get it somewhere that
can look at it. So that'sthat's a I don't even know how to
getting as well. You know what, I would go to RKC Automotive.
Hey, Kachina, can you canyou get her information on RKC and you

(02:08:58):
tell Romando that I recommended you gothere just to look it over with the
invoice to see what they did andwhat's wrong with it. He is very
reasonable. We gotta get this doneto then we can we can believe him.
Kachina set that up for me becauseshe really really needs somewhere we can

(02:09:18):
trust to look at it. That'sthe first thing, and then we'll take
it one step at a time.But right now, man, that sucks.
Okay, hold on Kaschina, gotalk to her please and get her
RKC Automotives Information one Evans West oftayhone and Romando. Really people, he's

(02:09:39):
a good guy, and I wantto I really want to referee there our
case. It's seven to zero sevenfour nine thirty nine sixty five. We
have more coming right up. Gowith a sure thing Denver's best rufer excel
Roofing dot com. You don't paya cent until your content time for an

(02:10:03):
insurance check up free, no obligation. In comparison, call Compass Insurance paying
too much your coverage at dozens ofinsurance companies find out now three oh three
seven seven to one help. You'llthink you're his only customer when you choose
Frank Durand the real estate Man dotcom to list your home with Remax Alliance
three oh three nine two zero sixteentwenty two. Hi Tom Martino, your

(02:10:31):
troubleshooter three O three seven one threetalk three O three seven one three eight
two five five all right, SoJohn Fuller's with us in the house.
We're gonna finish up with John unlessyou have a call, get it in
right now. Three oh three sevenone three talk seven one three eight two
five five. So John, uh, somebody says dash cams? Uh you
uh, I know you're a believerin dash camps. Are who still doing

(02:10:52):
any giveaways on dashcams? No,we're That particular promotion has ended, but
I still am a huge fan ofdash cam's. They're not that expensive.
No, they're not, And weroutinely have cases where dash cans save the
day. Eliminate any of that,he said. She said, I love
when it give me an idea ofhow you would use them. Okay,

(02:11:13):
So a normal case comes in thefront door and it seems pretty clear liability
to us. But when we contactthe other insurance company, at first they're
investigating, and then they inform usthat they're insured has a different version of
the events and that they're going todeny liability or they're investigating further, or
whatever it is they claim to do. Okay, then we let them know

(02:11:33):
that we happen to have a videoof the incident, and that is the
end of the discussion. They seethe video, it's over. They accept
complete liability. The rest of thecases. Is that admissible in court?
Absolutely? Absolutely? You bet itis. Wow. And so how would
you does it record over it?So of what happens in an accent,

(02:11:56):
would you'd have to how do youpreserve it? Yes, I don't know,
I mean that's technical and imagine theycould read the direction. I'm just
curious. Most dash cams have amemory card and of size, youse just
remove the card. Yeah, butthey do record over it. But if
they have an event that's like reallysudden breaking or a crash type deal,
they save it and they have it, you know, the unit itself says,

(02:12:18):
oh, something must have happened,we better save that, no fooling.
Yeah, it's it's pretty cool technology. And then but even if you
don't, I mean, we havepeople, Tom, We even have witnesses
to accidents that are like, hey, I'm sitting at a red light.
Oh, and they take their memorycard out and like hand it to the
cop and say here, here's avideo of the accident. We get a
copy of that. Yeah, andalmost everything's on camera now almost, But

(02:12:41):
you'd be surprised how many intersections havelike traffic monitoring cameras, but they don't
actually record. But these little devicesrecord in living four K color and their
beautiful quality video, and they absolutelyare worth their weight in gold. I
would highly recommend that everybody get onefor your vehicles. Okay, on one

(02:13:01):
quick question though, what about ifI'm using my cell phone on site things
not picked up by a diash jump? So what would And by the way,
don't text anymore because I'm off atit's five seven seven three nine.
I'll get it tomorrow. Actually youcan text, but anyway, So what
would you take with the cell phonethat maybe your dash cam didn't get like
the other I always say, getthe license plate, get the damages,

(02:13:24):
get the proximity a location cars,right, act like you're a reporter on
the job. Yeah, take picturesof the cars, the intersection, the
lights to sign in the other driver, any witnesses, any witness information like
a telephone number, anything and everything. Take pictures. You never get a
second chance to go back and viewthe intersection if it were snowy or rainy

(02:13:46):
or now would those cell phone picturesbe it? Missibli? But do you
find out when if you have acell phone? They say, well,
the car was hardly damage and youhave the pictures. I mean, the
pictures is worth a thousand words rightnow. Yeah. I have accidents tom
where one car looks like it wasbarely bumped, and then you look at
the other one and you're like,holy cow, it's completely crunched with under

(02:14:09):
the back bumper of a big truckor something, and it's amazing difference.
Do you have to get information fromthe other driver or depend on the cops.
I always say, even if thecop is there, you get information.
Listen. I would highly recommend thatyou get as much information as you
can. Of course, you're soinjured, you're going to the hospital.
In the hospital and that happens alot where the cop takes you know,

(02:14:31):
they may take a week to getthe accident report to put together. I
routinely call cops and are like,hey man, we have nothing. We
don't even know where the car gottowed to because my client would. But
if you have a license PATE numberthat would go a long way. Yeah,
it's easier, you know, butyou haven't had it. Wait,
you haven't had cases though, tellme this, tell me this isn't true.

(02:14:52):
You haven't had cases where you can'tfind the other party, absolutely we
have, oh my god. Sothere's nothing you can do about it.
No, if you can't identify theother party, is a total you didn't
claim at that point. That's uninsuredmotors by the way, all right,
thank you, John Fullerman. It'sbeen great as usual. My accident lawyer
dot co. And you can alwayscall him and notice the fuller difference at

(02:15:13):
three oh three five nine seven fortyfive hundred five nine seven four five zero
zero. Don't forget three oh threeMartino. Save all your problems for me.