The Troubleshooter 06-09-26

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Episode Transcript

Speaker 1 (00:00):
KRFX HD two Denver khow Denver sixty kW Denver's talk station.

Speaker 2 (00:07):
Then iHeartRadio Station guaranteed human forty five years strong. Solving
your problems, answering questions, taking complaints.

Speaker 3 (00:18):
This is the Troubleshooter Show.

Speaker 4 (00:21):
No Tom Marcido, Welcome, Welcome to the only show of
its kind. We are here to solve problems, answer questions,
take complaints. I got a full house today. We got
Brian Burns Compass Insurance. We got Deputy Chopper across from
Mean to my right. Deputy Dollar, you have any accounting issues,
want to talk taxes, It's a good day to call in. Then,

(00:43):
of course, Deputy Dimitri to my left, Shannon on the
other side, and then of course ax Man taking your calls.
The program's easy. You've been ripped off, you've been taken
advantage of. I want to hear from you. I want
to hear from you right now. I'm not big into text.
Tom loves taking texts. I can't stand text. I just can't.

(01:04):
I don't know why they drive me insane. But if
you have been ripped off, if there's a bad contractor
in your life right now, maybe a bad landlord doesn't matter.
Anybody you want to expose or you need help recouping money,
we are here for you three oh three Martino, simple
as that. Or you can call the station line three

(01:26):
three seven one, three eight two five five.

Speaker 3 (01:30):
But once again that.

Speaker 4 (01:31):
Three oh three Martino that works on and off the year,
three oh three Martino. And of course help a troubleshooter
dot com. You know, I tried to listen to a
little of this hearing on Capitol Hill.

Speaker 3 (01:44):
Is it just me?

Speaker 4 (01:45):
Or is it so insane?

Speaker 3 (01:46):
Now?

Speaker 4 (01:47):
I'm pretty sure, and I mean this, I'm pretty sure
Russia and China have accomplished exactly what they wanted to do.
What is that they want is fighting like crazy when
there's anything on the hill. Now here's what happens. The Democrat, well,
depending on the subject, the Democrat goes after the Republican.

(02:07):
The Republican goes after the Democrat. That's literally it. Trying
to even listen to these hearings now to actually get
real information. Did something really bad happen?

Speaker 3 (02:18):
You never know.

Speaker 4 (02:19):
I'm convinced we're all clowns in this circus. I'm convinced
everybody listening right now we are no more than performers,
and we are no more than puppets. We just don't
realize those strings are attached. They have done it. They
have literally sown discord across this country. I assume we
do the same to other countries. I don't know. I

(02:41):
don't know.

Speaker 3 (02:41):
Maybe we do.

Speaker 4 (02:42):
But the misinformation, the hatred is crazy. It really is crazy.
What brought this up? Well, not just this hearing, but
I got an email through a referral list today and
it said Tom and it went on and I'm not
going to use names or anything. They basically said, I've

(03:03):
been listening forever and I can tell you like Trump
and the reason. And Tom will be the first to
say he likes some of the policies for sure, but
him and I actually argue about Trump in general. He's
not a big Trump guy, but he loves the policies
and a lot of people do. And I get where
he's coming from. But this woman, the hatred was like,

(03:25):
just the fact you could even like this guy a
little tells me what kind of man you really are.
And I'm reading this and I'm thinking, my god, this
man has helped thousands of people, thousands upon thousands over
almost a fifty year career. For this old nag to
actually write this is it was amazing to me. But

(03:47):
then I started thinking that was in I was basically
reading that in the car, I have self driving, so
don't worry, I'm not going to crash anywhere. But then
I said, I'm just going to relax. So I turn
on the news and this hearing's on and it's the
same old thing. It's the same old cast of characters.
I wish we could get rid of all these schmucks.

(04:08):
I swear to God, it's crazy, and that's it. I
had to at least bring that up today because in
honest to God, I don't know what.

Speaker 3 (04:18):
To make of it anymore. Go ahead, Dimitri, your Perton Mark.
You know, as you know, we never get political in
this show.

Speaker 5 (04:24):
But what you just said actually underscores the reason that
so many people like Trump, yeah, love him or hate him.
He's not there to advance the Republican Party's agenda, whatever
the hell that is nowaday hay him, and he's not
there to attack the Democrat Party agenda, which we all
know what that is. He is there to promote good
policies from the perspective of is this good for America?

Speaker 3 (04:45):
Is this good for American citizens.

Speaker 5 (04:47):
Yeah, and we need more people like that, and I
don't care what side of the fence they come from, Democrat, Republican,
you know, and Fetterman.

Speaker 3 (04:56):
Might be one of those people.

Speaker 5 (04:57):
He certainly is surprisingly emerging, is a clear thinker, even
though he couldn't even put together a single sentence when
he was running for office.

Speaker 4 (05:04):
He's an amazing guy with all the crap he's taking
right now. You know, he's one of the few Democrats
that got up and said, hey, this guy running where
is it in Maine?

Speaker 5 (05:15):
I mean, this is the Nazi the Nazi tattoo at
the Nazi tattoo, all.

Speaker 4 (05:20):
These women and it's just crazy. I don't know how
much is true. A lot of the texture there, a
lot of the poster there, so a lot of it's true.
And there's a recording now or a text that yeah,
he knew exactly what that tattoo was and he got
on purpose. But going back to what you said, Fetterman
is pretty much the only one that said, isn't this

(05:41):
just a little crazy that we're even talking about this guy?
I mean, that's where we are in this society. And
once again I circle back. I'm pretty sure this is
Russia and China and other adversaries that have just dug
in and figured out how to make us fight. You
know there's families right now that don't talk. Oh yeah,
there's families. They can't even sit down for Thanksgiving anymore.

Speaker 3 (06:05):
It's crazy.

Speaker 4 (06:07):
Brian Burns, I'd bring you into this conversation, but I'm
gonna spare you. I do want to ask you about
the hailstorm, so absolutely I know a little bit more
about that. How many calls did you get over the hailstorm?
So last three or four days? People putting in claims?
And I say that you're a broker Compass insurance, do

(06:27):
most people call you first that use you? Or do
they actually just go directly to Safego or whoever you
put them with.

Speaker 6 (06:34):
Usually we encourage them to talk to us first, only
because we'll give them the advice. Let's make sure there's
damage before fin.

Speaker 3 (06:41):
On your clue. Yeah, So did you get calls? We did?

Speaker 4 (06:44):
And where were most of them from? Like Denver Metro
I heard like one inch one and a half inch al.

Speaker 3 (06:50):
Yes, and you that's interesting.

Speaker 6 (06:53):
So we subscribe to a service that alerts us of
hail and then you can look up I can put
an address and find out in the last whatever you
want to ten years, how many times there's been hail
over one inch in size that have hit your house.
And so this service also alerts you of current hailstorms.

(07:15):
And it was interesting watching as these hailstorms were going
through the different parts of Denver. It's just I was
getting one after the other. Thousands and thousands of homes
got hit.

Speaker 4 (07:25):
With hal Okay, I don't know, man, you just made me.
You kind of threw me off because I was thinking
of solar for a second. Yeah, and I was thinking
how good. And what I'm talking about is compass now
and we'll be talking about especially because of the hail.

Speaker 3 (07:42):
I was just.

Speaker 4 (07:42):
Thinking how many people had no idea how much money
it's going to cost them to get their roof. They're
still thinking of the good old days, right, five hundred
deductible or a thousand deductible And the roofing company just
waves it, yes, now that deductible could be ten thousand
dollars easily, easily, and we're gonna be talking about how

(08:06):
to get around that. And it's called sola. But it's incredible.
In fact, I would assume maybe other people have it.
But if you're with All State or some of these companies,
forget about it. Actually you could probably they don't care
who you.

Speaker 6 (08:19):
Have, don't care at all. It's completely separate. So you
could be with any carrier, any carrier, and we could
put this as a supplement on it.

Speaker 3 (08:27):
So think about this.

Speaker 4 (08:28):
It's insurance. It's insurance that pays the high deductible.

Speaker 3 (08:32):
Yep, that's amazing.

Speaker 4 (08:34):
So if you're deductible is actual cash value and your
roof is twenty years old, well, what's the value?

Speaker 3 (08:40):
Zero? Right?

Speaker 4 (08:41):
How much do you get zero? How much is your
deductible whatever the roof costs?

Speaker 7 (08:46):
Right?

Speaker 4 (08:47):
So insured at this point, you are self insured in
a lot of people. And then how about people that
have a deductible like two percent of the dwelling. Yep,
you got a million dollar house, what's that twenty thousand dollars?

Speaker 6 (09:00):
There's a lot of those are actual cash value too.
So all of a sudden, you're talking about you know,
like you said, you're self insured because you're talking about
our fifty thousand dollars deduction.

Speaker 4 (09:08):
In fact, it's hard to even argue there's insurance there, right.
I would almost say it's bs there is no insurance.
There's insurance for other kinds of our house liability, right,
but for the wind and hail perils, right, there's really
no insurance for a lot of people.

Speaker 3 (09:24):
Yep.

Speaker 4 (09:24):
And that's where Sola comes in. So we are going
to dive into that. Three oh three seven, one, three
eight two five five Megan, real quick, what is going
on with this child custody? And then we're going to
take a break. But if I got to get maybe
a family law attorney on or something, I want to know.
So what's going on?

Speaker 5 (09:44):
Hi?

Speaker 8 (09:44):
My name is Megan. How are you this morning?

Speaker 4 (09:46):
Hey Megan, I'm doing great good.

Speaker 8 (09:50):
So I am giving you a call because it seems
I have nowhere else to turn to. The courts don't
want to listen, CPS doesn't want to listen, and the
cops seem to have an issue with a child shooting
a firearm no bigger than most people's bathroom inside of
a small lot residential home.

Speaker 3 (10:07):
Oh my god, Wait a second, Wait a second. How
old is the child?

Speaker 8 (10:12):
My son is nine?

Speaker 4 (10:13):
And what did he do again?

Speaker 8 (10:16):
He shot a It was either a twenty two or
a three eighty inside of the home of the individual.
I unfortunately has shared custody with at the moment, which
is my uncle.

Speaker 4 (10:29):
All right, hold on, Megan, let me let me take
this break. I'm not sure where this is going, but
it's not going to a good place. I need to
know how they got a hold of the firearm. Whose
firearm it is? Did anybody get hit? I've got one
hundred questions, and then we'll try to parscure him and
figure out how we can help you. Three oh three, Martino,

(10:50):
three oh three, I got two lines open seven to
one three eight two five five all right, three three
seven one three eight two five five three oh three Martino.
By the way, this hour brought to you by Frank Duran,
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Speaker 3 (11:10):
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(11:33):
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much equity you have in it. Frank duran homes dot com. Now, Megan,

(12:02):
she called up in the It started like this. It's
kind of crazy. So the kid got a hold of
a firearm and shot it off in the bathroom, nine
year old, right, Megan.

Speaker 8 (12:14):
Well, it was in a bathroom the size of a bathroom. Yeah, no,
no wider than a bathroom. It was my uncle's old room,
gun storage room, Tannert And there's no one so forth.
But long story short. If that ricocheted and hit my son,
I don't know exactly where i'd be today.

Speaker 3 (12:32):
Well, I get you.

Speaker 4 (12:33):
Who is who was in charge of your child?

Speaker 8 (12:38):
My uncle William. So we have a weird custody agreement.
If I may elaborate real quick, please, So a couple
of years back, I lived with my aunt and uncle,
and you know, years later I got pregnant with my son,
and my aunt can never have children of her own, so,

(12:59):
to be quite frank the green eyes of envy appeared.

Speaker 3 (13:03):
And you know, when, Megan, did you give up?

Speaker 4 (13:06):
Did you give up custody of your child?

Speaker 9 (13:10):
Never?

Speaker 8 (13:10):
Never would I ever do that in a million years.
So what happened, Well, long story short, they took me
to court, tried to take my son from me. I
ended up with the majority of the custody. They tried
to side with.

Speaker 4 (13:25):
Hey, Megan, Megan, one thing at a time. Here, what
does that mean, the majority of the custody?

Speaker 8 (13:32):
That's fair to ask. I have Frankie most of the time,
and my uncle receives my son Wednesdays after school and
every other week.

Speaker 4 (13:40):
And I'm really I've just never heard of an example
like this. But why why your uncle? How did your
uncle get part time custody every other Wednesday or whatever
you said?

Speaker 3 (13:50):
Why?

Speaker 8 (13:52):
That's a very good point. You and everyone else like
why where they're wondering the same thing. The judge found
it okay for some reason, and my aunt died in
the middle of the proceedings. I don't know if she
just felt bad for the guy, but legally, I don't
see why he needed any I mean, were.

Speaker 4 (14:11):
You in the marriage, what was your child ever taken
from you by the state.

Speaker 3 (14:17):
No, so there was never allegations.

Speaker 4 (14:19):
I don't understand how someone's uncle and I don't mean
any disrespect by this, but he's not the father, right. No, Okay,
I've never heard of anything like this shed at least
a little color onto it. Why do you think it
went down like that? Was the kid living with your
uncle and your aunt for a long period of time?

(14:41):
Did you live there, because even if this was grandparents,
it's almost impossible to happen. There must be something you
can help me with on this.

Speaker 8 (14:51):
I wish I could. I've tried to get clarity myself.
I did live with my aunt and uncle for some time.
I left their home because they were parenting my son
behind my back. Well, they watched him and I just
wanted space, and I came back two weeks later. My
grandmother was there to visit.

Speaker 4 (15:08):
Okay, so they're basically said they were basically saying you
abandoned the child, and I'm not saying you did. Is
that where they were coming from?

Speaker 8 (15:16):
I honestly don't know.

Speaker 10 (15:17):
They said I was using drugs, and.

Speaker 8 (15:19):
Later on it was proven through blood test to the
court that I clearly was not.

Speaker 4 (15:23):
Okay, but regardless, so they gave your uncle every Wednesday
or every other Wednesday.

Speaker 8 (15:31):
Every Wednesday and every other weekend.

Speaker 3 (15:33):
And where do you live now?

Speaker 8 (15:36):
I live in Golden Colorado, But.

Speaker 4 (15:38):
You don't live with your uncle anymore.

Speaker 8 (15:41):
No, that's been some sometime past.

Speaker 4 (15:44):
Okay, So but every Wednesday and Saturday he has custody. Yes,
where did this happen? Where did the gunshot happen? And
whose gun was it? It must have been your uncles.

Speaker 8 (15:58):
Yeah, so it was my uncle's fire arm. And Frankie
reiterated also to the police, yeah, that it was unloaded
when it was originally given.

Speaker 4 (16:07):
No, wait a minute, wait, Megan, Frankie. Frankie's a nine
year old right, Yeah, who gave him the gun?

Speaker 9 (16:15):
My uncle and he gave him.

Speaker 4 (16:17):
Why did he give him the gun?

Speaker 3 (16:18):
I was he there?

Speaker 4 (16:20):
Like were they target shooting or what not?

Speaker 3 (16:23):
In abasement?

Speaker 4 (16:23):
Mark, I get that, But why did he give him
the gun? And how do you know the kid didn't
go into that back room and just get the gun.
Does the uncle actually acknowledge he gave the kid the gun? Yes,
and then the kid found bullets for it when the
uncle left, or how did that go down?

Speaker 8 (16:43):
The uncle loaded it for him, handed it back and
had my son shoot into a wooden log in the
back room, which again is no wider than like an
average bathroom.

Speaker 4 (16:54):
This is so odd to me. So how did you
find out about this?

Speaker 8 (17:00):
My son actually ended up telling us a couple of
weeks ago when we tried to do the court thing,
told the cops and had a forensic investigation.

Speaker 4 (17:07):
Wait wait wait wait, wait wait wait wait, what do
you mean do the court thing?

Speaker 3 (17:12):
Sorry?

Speaker 8 (17:13):
We I filed for an emergency restrictive order.

Speaker 4 (17:17):
After he talked, after Frankie told you what happened at
the uncle's house, Yes, and then I assume you got
the TPS right yes or TRS Yes? And then you
had a court date to try to get him back
all the time. Yes, and what happened at that court date?

Speaker 8 (17:40):
I the minimal thing that I could do is file
emotion to stay hopefully believe we will keep his guns
in the safe while my son is present.

Speaker 4 (17:48):
Did the uncle acknowledge he gave the nine year old
the gun?

Speaker 1 (17:54):
Not?

Speaker 8 (17:55):
In court. It was funny because I showed up with
no lawyer and he showed up with two.

Speaker 4 (17:59):
So he said it never happened. It was being fabricated
by the child or you.

Speaker 10 (18:04):
Yes, but you.

Speaker 4 (18:05):
Said something about the police and forensics elaborate.

Speaker 8 (18:11):
I took my son to Lakewood Police. Yeah, the Lakewood Police,
and I asked them if Frankie could talk to them
and tell him you know what. Essentially, Frankie told us
were you.

Speaker 3 (18:25):
In the room?

Speaker 4 (18:26):
Yes, you were in the room. Hold on a second,
I want to know how that went down, Edward. I
promise I'll get to you, but I gotta you know.
This thing with Megan's a big deal. Three oh three
seven one three eight two five five. By the way,
as man, reach out. See if you can't get Bonnie
Shields on. She's a family law attorney. I'd love to
bring into this. Three zero three Martina, we got two

(18:48):
lines open if you need help. I want to hear
from you.

Speaker 3 (18:58):
Sorry, three three.

Speaker 4 (18:59):
Seven A two five five three zero three Martine, I'm
going to bring Bonnie Shield's friend and attorney at law,
family law.

Speaker 3 (19:07):
Bonnie.

Speaker 4 (19:07):
First of all, I haven't talked to you.

Speaker 3 (19:08):
For a while. How is everything.

Speaker 11 (19:12):
How you doing.

Speaker 4 (19:13):
I'm doing very good. We're getting ready to leave Suzanne
and I on a cruise here.

Speaker 3 (19:17):
Shortly, and we're really looking forward to that.

Speaker 4 (19:20):
I have got the strangest one I've heard in a while,
and I'm trying to figure.

Speaker 3 (19:26):
Out a couple things. I'm going to bring her up.

Speaker 4 (19:27):
But her name is Megan, so if you have any questions,
but I'm going to recap with you real quick. And
for people that just tuned in, Her son is nine
years old. His uncle, while he was at the uncle's house,
brought him I guess, down to the basement or brought
him somewhere and gave him a gun and he was

(19:50):
firing the gun. It sounds like target practice of some sort.
But when the son told Megan, the mother, about this,
she got pretty upset, going, Wow, that bullet could have ricocheted,
anything could have happened. But as I dove deeper into it,
here's some of the things I don't get. This uncle

(20:11):
has part time custody, almost like a parent would have.

Speaker 3 (20:16):
He has the kid. What is it?

Speaker 4 (20:17):
Megan? Every Wednesday and Saturday is court ordered.

Speaker 8 (20:22):
Every Wednesday and every other weekend.

Speaker 4 (20:25):
Okay, and every other weekend, and for the life of me, Bonnie.
I have had calls where grandparents have tried to pull
off like this. I cannot figure out, nor does Megan know.
Why would an uncle? Why would an uncle have such
strange custody on a Wednesday and every other weekend. So
that's one of the questions I have for you, how

(20:46):
does that happen? And then the second thing is, let's
just say it's true, because the uncle, Megan is telling
the police that it never happened. Is that correct? Yeah,
so he's saying it now happened. But she brought the
kid down to the police station and the police interviewed
the child. Were you there, Megan?

Speaker 3 (21:07):
And what did the child say?

Speaker 8 (21:11):
Frank He reiterated to the police.

Speaker 10 (21:13):
Officer that William gave him.

Speaker 8 (21:17):
The weapon originally unloaded it unloaded, handed it back to Billy,
who loaded it, handed it back to Frankie, and he
shot it into a wooden stump in the back room
of the house, which again is no wider than an
average bathroom.

Speaker 4 (21:32):
So it's like the weirdest target practice I ever heard.
But I also want to say this. When I was young,
I would go out with my dad and we would
shoot twenty twos a lot. I mean target practice. So
the fact that he's actually shooting doesn't bother me. The
fact that it's in the house into a log. But Bonnie,
this is where I want you to jump in because

(21:53):
I am so confused on this. They ended up basically
going to court. She had a temporary restraint, but then
the judge did not turn it into I don't know,
I honest to god, I have no idea. The judge
didn't do anything. You actually went to court over that, right, Megan,
and the judge said, no, we're not gonna make it permanent.

Speaker 8 (22:17):
Yes, as of last last Monday.

Speaker 4 (22:19):
Nor did he lose custody the weird custody he had, right, No,
So Bonnie helped me. Please, if we got to get
you a case number or something, I wish you could
look it up.

Speaker 3 (22:31):
But tell me what you make of all this? All right?

Speaker 10 (22:35):
Let me let me ask Megan a couple of questions. So, Megan,
first of all, the case do you have a case
through the court where there's court order saying when your
son is with whom?

Speaker 8 (22:46):
Yeah, the original permanent orders. If you give me about
an all of fifteen seconds, I can bring that.

Speaker 10 (22:51):
Up for you.

Speaker 8 (22:53):
Okay, So weirdly, father and all this, the father is
no longer in the picture and he we split when
Frankie was young and now he is in upstate New
York in prison for the next twenty years.

Speaker 12 (23:07):
Okay.

Speaker 10 (23:08):
Was there a point in time that your son lived
with this uncle for a while, Yes, with me also
in the residence. Okay, so at some point, but.

Speaker 4 (23:20):
Hold on, Bonnie, Bonnie, I have to jump in here,
because what Megan shared with me before we got you
on at one point where they both lived in the house,
she left for a couple of weeks and the kid
was there, but then she came back.

Speaker 8 (23:36):
Okay, Oh no, I was not to that extent per se,
but it was. It was more so like when I
would go out for an evening or they were babysitting,
because like Luke and I went out, or I was working,
he was working. We had an led commercial lighting business
for some time.

Speaker 12 (23:54):
Okay.

Speaker 10 (23:54):
So the only way that uncle puft me on that
the paperwork for the child is if at some point
the uncle asked the court to put him on the paperwork.
And the only way you can get on there is
it the child in this instance is that the child
has lived with you, or period of six months or more.

(24:16):
Then it could be a neighbor that's on your paperwork
that gives custody or part custody. It could be a grandparent,
could be an uncle. And so that's how the uncle
got on here.

Speaker 12 (24:27):
Does that sound about.

Speaker 10 (24:28):
Right, Megan?

Speaker 13 (24:29):
At some point she.

Speaker 10 (24:30):
Felt here and the party.

Speaker 8 (24:34):
Yeah, And the co petitioner was Frankie's father originally, who
didn't show up to any of the cordions.

Speaker 10 (24:41):
Okay, But at some point the uncle asked court, hey,
kid's been living with me at least six months. Please
put me on the paperwork. I'm now a party, right, yes, okay,
So that's how we got on there, Mark.

Speaker 3 (24:54):
Oh wow.

Speaker 4 (24:55):
So even though she was living there as well, because
the kid was with this adult for a period of time,
and you know, basically you said, it doesn't matter who
it is, but he lived with the person for a while.
That's why he had the opportunity to petition the court,
and eventually the judge must decided, right, exactly.

Speaker 10 (25:16):
So the judge decided that yes, he has it's called
standing or he has a right to be a part
of this case. And so the uncle's on there, got it?
I mean then that the judge. The judge's decision is
going to be, Okay, who's this kid gonna be with now?
You know, Mom's no longer living with uncle, Who's going

(25:37):
to have what time with them? And the judge decided
the best thing for the child, and the judge's opinion
at that point in time was for an uncle to.

Speaker 3 (25:44):
Have these days a week so.

Speaker 4 (25:46):
And then then then, Bonnie, this whole firearm issue happens.
And I can go either way on this, and Megan,
I'm going to be kind of straight with you. I
don't know if it happened or not. But even if
it did happen, I don't know if it's wrong.

Speaker 3 (26:00):
I mean, Bonnie, would I mean if I.

Speaker 4 (26:02):
Took Miles out, which I did when he was nine
or ten, and I got the firearm out. We always
kept it in a safe and we went out in
target shot in our backyard. I don't even know why
that would be an issue. I understand Megan is saying
it's kind of strange they did it in the basement
or wherever the back room. I get that, But would

(26:25):
a judge even care.

Speaker 13 (26:28):
The thing?

Speaker 8 (26:29):
They live in Lakewood where it happened. The Lakewood Municipal
Code Title nine. It also restricts against discharging weapons okay,
we missiles within city limits and also within a small
lot residential home.

Speaker 9 (26:42):
Which but they.

Speaker 4 (26:42):
Didn't I get you, but they didn't believe you. They
didn't believe you.

Speaker 8 (26:48):
Yeah, and that's that's kind of the problem. And that's
why I'm at a loss of words.

Speaker 4 (26:52):
I mean, Bonnie, That's that's where we're going. That's why
I wanted to bring that up again. The bottom line
is she wants I guess what I'm hearing from you, Megan,
is you want full custody back. You don't want the
kid with the uncle, right, I mean.

Speaker 3 (27:03):
Is that it?

Speaker 14 (27:05):
Yeah?

Speaker 8 (27:05):
I mean if he's gonna make morellyar like. I'm not
anti gun or anything like that. I would happily take
my son to a proper player.

Speaker 9 (27:13):
Hold on, hold on.

Speaker 4 (27:13):
Bonnie, Can Bonnie, can you hang with me for a
minute over this break? Yeah, all right, hold on, I
gotta take this break. When I come back. Though, here's
what I want Bonnie to be thinking of.

Speaker 3 (27:24):
What can she do if.

Speaker 4 (27:25):
The judge already gave him custody and she went to
the police, the police didn't believe her. The uncle said
the gun thing never happened, even if it was discharging
a firearm in lake would I get it, it's not
supposed to happen. But he denies the whole thing. So
is there anything she can do at this point to
get her kid back? And Megan, there's got to be
more to this entire story. I would actually like ax Man,

(27:48):
do me a favor. I want you to talk to Megan.
Get the case number, and then if Bonnie could look
it up for us, maybe we can get to.

Speaker 3 (27:58):
The bottom of it.

Speaker 12 (27:58):
Hold on.

Speaker 4 (28:04):
All right, three ozho three seven one three eight two
five five three zero three. Martina, we have two lines open,
and I do appreciate Edward hanging tight.

Speaker 3 (28:13):
I promise I'll get to you.

Speaker 4 (28:14):
And we're going to finish up with Bonnie Shields and
we're going to finish up with our caller, Megan. She's
trying to get custody fully back for with her nine
year old. So Bonnie, at this point, what can be done?

Speaker 13 (28:28):
Well?

Speaker 10 (28:29):
Mark, she has to file It's called a motion to
modify a parenting time and that's what she'd have to file.

Speaker 4 (28:36):
And does she have to have a heck of a
good reason for a judge to change his mind on this.

Speaker 12 (28:43):
She does.

Speaker 10 (28:44):
I think it's going to make it really hard that
this latest incident, you know, a police didn't do anything,
because I would think that generally speaking, they would take
things involving minors and shooting a weapon. I think they
got too seriously. Yeah, but you know, I don't know

(29:05):
that the specific officers that.

Speaker 9 (29:06):
Were out there.

Speaker 10 (29:07):
Yeah, maybe they made a really bad judgment, Paul, and
they should have done something.

Speaker 9 (29:10):
I don't.

Speaker 12 (29:11):
I don't know.

Speaker 8 (29:11):
I wasn't there.

Speaker 4 (29:12):
Well, she brought the kid to the Lakewood Police station,
so it's not like they even went out to the
uncles or went out to the house.

Speaker 3 (29:19):
She brought him over there.

Speaker 4 (29:20):
Megan, do you have any questions for our attorney, because
I do want.

Speaker 3 (29:24):
To say a couple of things.

Speaker 4 (29:26):
Apparently you do have a problem with your uncle, and
I don't know where that stems from long term. I
have no idea, I really don't, but I don't know
the guy.

Speaker 3 (29:36):
This is a little.

Speaker 4 (29:37):
Strange if it actually went down, I agree with that
it is a little odd. But in general, don't you
think the uncle only wants the best for the child
or do you think he's being the fairiess for some reason.

Speaker 8 (29:52):
William has always unfortunately been more of a nefarious character, underhanded.

Speaker 4 (29:57):
And why would he give up wednesdays of his life?
Why do you think he wants the kid? Then he's
nine years old. He's not taking the kid's paycheck.

Speaker 8 (30:07):
No, no, And that's that's very true. And I you know,
Frankie did grow up with Liz and Billy as well,
and I understood that they cared for Frankie. And you know,
I never would have taken, you know, the time away
from them to begin with, but apparently they felt strongly
enough that they needed to take Frankie. And again that's along.

Speaker 4 (30:26):
But you understand it, judge, You understand the judge looked
at the entire circumstance and either believed the dad and
the uncle over you. I mean, there's a reason it
happened though.

Speaker 8 (30:38):
Yeah, And that's what's confusing, considering the father never showed
up to hearing, he was clearly high on meths. And
also after this forensic interview, the cop inter they accused
you of doing drugs.

Speaker 4 (30:48):
Did the uncle accuse you of doing drugs as well?

Speaker 8 (30:51):
Yeah?

Speaker 3 (30:52):
They did.

Speaker 8 (30:55):
No, not when all of this is going on, any body,
if we get.

Speaker 9 (30:59):
You this year.

Speaker 4 (31:00):
Could you look that up for us and maybe make
some sense of it maybe later on or even even
next week or whenever. But is that something you can
look up and some of these questions that Megan just
has no idea why certain things happen. Maybe it'll shed
some light on it.

Speaker 10 (31:18):
I can look something up summer Field.

Speaker 13 (31:20):
It depends on what the document is.

Speaker 10 (31:22):
Okay, something that can't see.

Speaker 3 (31:25):
So do you mind doing that for us, Bonnie?

Speaker 10 (31:28):
No, just shoot me an email or something. Yeah, hold on,
hold on, let me do this, so let me county.

Speaker 13 (31:34):
In the case.

Speaker 3 (31:35):
Yeah.

Speaker 4 (31:35):
So Megan axe Man is going to pick up right
now and get the information and we're going to get
it over and maybe we can help answer some questions.
And then on top of that, the other thing that
might work out is maybe if Bonnie sees something strange
in there, she can kind of tell you what she thinks. Now,
I do want everybody out there to know family law. So, Bonnie,

(31:55):
your main stuff, of course, is child custody, divorce. What
other things do you do in a day to day
within your practice.

Speaker 10 (32:04):
I can found support matters, but a lot of custody
divorces or cases where Karen carn't married, but just custody cases. Sure,
that's part Maary. You know, sometimes I do protection orders
and things like that, but mostly it's custody and shud support.

Speaker 4 (32:18):
Okay, So anybody out there, I'm telling you I've known
Bonnie personally for my goodness going on. I can't even
tell you how long. Ten fifteen years. In fact, I
bet it's been ten years since the four of us
went out together and saw play downtown pre COVID.

Speaker 3 (32:35):
That feels like a million years ago, doesn't it? I
know it sure does, it sure does.

Speaker 4 (32:40):
Well, Bonnie Shields anybody out there, Bonnie shields Law dot com.
That's a great way to get in touch with her.
She's always helping us out on the show. And we're
going to have an update for everybody at some point,
and hopefully we can help Megan. I'm a little curious
what's going on X Man's on with her right now,
So I'm going to say this. I think we're missing

(33:01):
a big part of the story, and I'm hoping Bonnie
can shed some light on it.

Speaker 3 (33:04):
I really am.

Speaker 4 (33:05):
Bonnie shields Law dot com three oh three seven nine
eight one nine two seven three oh three seven nine
eight one nine two seven Bonnie. I appreciate all the
help you always give. And anybody out there needs a
family law attorney if you are getting divorced child custody,
give her a call. Three oh three seven ninety eight
one nine two seven Edward, what is your question for me?

(33:27):
I might not be able to answer it till after
the break, but you can at least let me think
about it.

Speaker 7 (33:34):
I was just wondering, are all tensions created the same
sober ones that like cover medical expenses and other.

Speaker 4 (33:40):
Ones that tell't I totally miss that? Are all what
created the same.

Speaker 7 (33:46):
Pensions?

Speaker 4 (33:47):
Pen tensions? That's a hell of a good question.

Speaker 3 (33:50):
Are they?

Speaker 4 (33:51):
No, they're not, But hold on, I really do want
to dig into that. In fact, i'd like to get
Joe Keano up.

Speaker 3 (33:59):
Let's do that.

Speaker 4 (34:00):
Three oh three seven one three A two five five.

Speaker 3 (34:02):
Look, we got some lines open.

Speaker 4 (34:03):
You've been ripped off taking advantage of bad landlord. We
want to get involved. Three zero three Martino, three hours to.

Speaker 1 (34:10):
Go, KRFX HD two Denver, khow Denver. This is six
thirty K how Denver's talk station. Then iHeartRadio Station guaranteed human.

Speaker 2 (34:25):
Forty five years strong and solving your problems answering questions,
taking complaints.

Speaker 4 (34:32):
This is the Troubleshooter Show. No Tom Martino right three
oh three seven one three A two five five. Welcome
my friends to the only show of It's guy. We're
here to solve problems, answer your questions, take complaints. We're
here to make your life just a little bit better.
By the way, this hour brought to you by.

Speaker 3 (34:53):
Who am I gonna say? Do you know? Do you know?
Do you know?

Speaker 4 (34:56):
I'll tell you who I'm gonna say. Renew Home Innovations.
Want to get that basement finished, add some more square
footage to the house, Maybe a nice pool table and
some pinball machines down there. Maybe one of those lady
cottages built out back. Renew Home Innovations. It's actually not
called a lady cottage. Helped me out here, guys. What

(35:16):
is that called?

Speaker 3 (35:17):
Like a me room?

Speaker 4 (35:19):
There's a name for it. Suzanne talked about one a
long time ago. No, not a mother in law place.
For goodness sake, she shed, she shed, thank you shednon
That's what she shed. You get it, that's what she shed.
You're slurring SHD three O three seven one three eight
two five five. Renew Home Innovations, though, let me tell

(35:40):
you Nick and the gang seriously, you want to convert
that space into something or redo what you currently have,
make it look new and improved, more functional in your life,
these guys will come out give you.

Speaker 3 (35:50):
A direct quote.

Speaker 4 (35:51):
Love Nick, Love the guys renew home Innovations dot com
now three o three seven one three eight two five
to five. We got a few lines open. Edward called up.
He's got a question. It was kind of an interesting question,
he said, Mark, are all pensions the same? Do you
have a pension?

Speaker 7 (36:10):
Edward, I'm building up form through a unionized a unionized contractor.

Speaker 4 (36:19):
A unionized contractor. So help me out here. How much
is in your pension right now?

Speaker 3 (36:25):
Roughly?

Speaker 7 (36:29):
I want to say, no, less than less than are
equal to one fifteen hundred?

Speaker 4 (36:36):
And did you just start this job? And what is
your question about the pension within itself? I mean your
basic question. I'm going to bring up jokeyanoh, hey, Joe.
I wanted you on here because he mentioned the word pension.
But honestly, I mean, all pensions can be completely different.

Speaker 3 (36:51):
Right If I have.

Speaker 4 (36:53):
A company and I'm going to give a pension to
my employees, I mean there might be a few things
I can't do. But pretty much it's open to how
I want to write it. I go out and I
find someone to actually write up my pension and keep
it legal.

Speaker 3 (37:07):
Is that about right?

Speaker 14 (37:09):
That is right? You know, most pensions are you know,
most pensions market are the same. You know, they offer
an income for life if you stay with that company
for a certain number of years until you retire. Basically,
then the pension will pay a monthly payment, you know,
to that employee for the rest of their life.

Speaker 3 (37:29):
And that's the whole purpose. But a lot of the things.

Speaker 4 (37:32):
When you write it up, Joe, I could say, you've
got to be vested with the company for five years,
twenty years, thirty years.

Speaker 3 (37:39):
Whatever it is.

Speaker 4 (37:40):
It's just got to be equal for everybody on that level.
In other words, a manager might get a better pension
if you want to call it that, or a different
pension than an hourly person, but all hourly people that
can participate are going to be treated the same.

Speaker 15 (37:57):
That is right, you know.

Speaker 14 (37:58):
That's the pensions come under the ARISA rule, that's right,
which you say, federal law, and they have to be
equal for everybody. Yes, so that means that, you know,
so it just advands.

Speaker 4 (38:09):
But different different members, like I said, like I said,
in correct me if I'm wrong, But managers of certain
places or certain people with certain roles can have a
completely different pension than other people. But everybody in that
group has to be treated the same.

Speaker 15 (38:29):
That is right, Okay, absolutely right?

Speaker 4 (38:31):
So what questions do you have, Edward?

Speaker 3 (38:35):
For us?

Speaker 4 (38:36):
Now?

Speaker 1 (38:36):
Like?

Speaker 4 (38:37):
Literally so right now, you've got about fifteen hundred bucks
in it, and you said, are they all the same?
I think we kind of answered that, do you have
any particular questions? And how long have you been working
for this company?

Speaker 7 (38:51):
I've been working for this companytion in October, okay, okay
for eight months?

Speaker 4 (38:58):
And then.

Speaker 15 (39:00):
Do they also cover like medical stress?

Speaker 7 (39:02):
Because I've also hear that they will have medical as well.

Speaker 15 (39:06):
So I wonder is that true?

Speaker 4 (39:09):
Well, Edward, I don't know how we would know that.
When you say medical, so I mean the pension within itself, Joe,
medical is generally tied to that like a healthcare component
like United Airlines or some of these bigger companies when
they do pensions like that, if they're not doing a
four oh one K or whatever, what what does that

(39:29):
look like with medical? Is it tied into the pension?
Or is it a separate agreement.

Speaker 3 (39:36):
Well, I have never.

Speaker 14 (39:37):
Seen a pension that has medical components, got it. It's
only a retirement plan for retire you know, for people
to retire with.

Speaker 3 (39:47):
Great but to do.

Speaker 4 (39:49):
But Edward could be correct in saying they also offer
healthcare after you retire after certain amount of years.

Speaker 14 (39:58):
Right, But that's not I think, but that's not it's
not part of the pension employee right, that's an employee benefit.

Speaker 4 (40:04):
Yeah, so Edward, does that make sense to you? That's
just another benefit, Edward, Yeah.

Speaker 7 (40:14):
That does make a lot more time to thank you
for answering my question. Definitely the shape.

Speaker 4 (40:18):
Yeah, you got it, man, and just keep building it up.
It's nice to have a retirement, no matter how you
look at it. I mean Joe and then after you
build up a pension, he only had fifteen hundred in
his But here's the reality. You work for a big company,
you just keep adding to it. There's some form of
value to how many years you have worked and how
much you're going to get per month. Do all pensions

(40:41):
at some point offer you a buyout, Joe? Or some
of them you can't buy out of even if you
wanted to. How do they typically work. When you get
close to retirement, do you ever have the option to
take that big lump sum you've worked for instead of
a monthly payment.

Speaker 3 (40:57):
How does that work?

Speaker 10 (41:00):
Mark?

Speaker 14 (41:00):
You know, most of the pensions do offer, you know,
the the option to actually cash in the pension, you know,
get the lux enough money and have the client invested
someplace sales where you get like the long term just
like the annuity that we talk about. We do this
all the time.

Speaker 3 (41:16):
Yeah.

Speaker 14 (41:17):
You know, people get their pension and they get the
lump sum, they buy the annuity with it, and then
they have all the added benefits like the twenty one
percent bonus, you know, the inkle for life like the pension,
long term care, and the death benefit which most pensions
only cover the spials.

Speaker 7 (41:35):
Basically, yeah, and if you doesn't have if you think.

Speaker 4 (41:38):
About and Joe, I want to simplify that, in some
cases people work their whole life for this pension. And
let's say the pension's worth I don't know, a buyout
of a million dollars to use round numbers. If you
don't buy it out and you pass in, your spouse
passes that benefit that you're getting every month, Let's say

(41:59):
it's ten thousand dollars. Once again, I'm using round numbers.
So that ten thousand dollars a month you'll get through
the pension till the day you die. If you die,
your spouse might get half of it. You got to
look and see how the pension's written. She might not
get any of it. Your kids most likely won't get
a nickel of it if you and your spouse pass.

Speaker 3 (42:19):
So think about that.

Speaker 4 (42:20):
You you I don't know wors scenario. You worked all
this time and within one year of retiring and getting
this ten thousand dollars, we're talking about a month you
and your spouse die.

Speaker 3 (42:33):
Well, that's it. The kids get.

Speaker 4 (42:34):
Nothing, nobody gets anything. But if you take that cash
out and you buy certain annuities. Not only this is
the incredible part in that million dollars, what's the what's
the normal bonus now, Joe? That you what's a good
bonus these days? Like you offered twenty percent.

Speaker 3 (42:52):
No twenty one percent. So all of a sudden, that
million dollars.

Speaker 4 (42:56):
Think about this, That million dollars is now one million,
two hundred, ten thousand dollars. That's remarkable, and it starts
growing from right there. Till you turn on the income stream.
So if you passed away in the same scenario buying
the annuity, that entire amount that's in there, including whatever

(43:16):
is grown. Because when the stock market goes up, you'll participate.
If you decide not to turn on that cash income
for the rest of your life. When you first do
this then and you wait two or three years, that
could be one point three million, it could be one
point four I mean, whatever it is. When the stock
market goes up, you participate. But when the stock market

(43:36):
goes down, it ratchets in. You never lose a dime.
That principle, if it worked its way up to one
point five million, could never go below one point five
And if you passed away, your spouse passes away, who
gets it, Joe, whoever you want right, whoever the beneficiary.

Speaker 14 (43:52):
Is, whatever the beneficiary designation is, y'all. Could be the children,
it could be anybody. Anybody want to leave the money
to anybody, anybody, it doesn't matter. It's like leaving a
bank account, and whatever value the account is, they get,
unlike a pension. Then the last thing I'll tell Edward
and people out there that can't afford or don't have

(44:13):
long term care. Once you turn the income streak on
on that amount of money and you truly retire and
you want that monthly payment forever. Once you do that,
if you do fall ill and you cannot cook for yourself,
can't clean for yourself, you got to bring in help
or you got to go into a long term care facility,
whatever that monthly payment is, and we'll take ten thousand dollars.

Speaker 4 (44:36):
Again, it doubles, it absolutely doubles. That's the long term
care benefit. And a lot of people as you get older,
if you ever shop for long term care insurance, you
can't buy it because you're old.

Speaker 3 (44:49):
That's the bottom line. And even if you buy.

Speaker 4 (44:51):
It when you're young now it's so freaking expensive and
makes very little sense. But listen, I'm done. I didn't
want to do a commercial here for but any questions
you have on these things, please call these guys. I
have known Joe and his son Jordan for coming up
on fifteen years. They will answer all these questions for you,

(45:11):
and they are rock solid. Okay, he's a fiduciary. They're
rock solid. Check them out at my money, Myway dot com.
That's my money, Myway dot com. We'll be back right
after this. All right, three oh three seven one three
A two five five. We do have open lines. I

(45:32):
want to hear from you. I've got two deputies sitting
around ready to dive into problems.

Speaker 3 (45:38):
Actually I got three here. I got to learn to
count it.

Speaker 4 (45:41):
Or we got Deputy Dimitri, Deputy Chopper, Deputy Dollar ready
to dive into your problems. Plus a lot of people
on referral list dot Com, like Brian Burns Compass Insurance,
Brian the Hale being an insurance person.

Speaker 3 (45:56):
Do you love it or hate it? Don't b ask me.

Speaker 4 (45:59):
You gotta love it right because people start shopping insurance
or actually that doesn't happen right now, that happens it
renewal Right.

Speaker 6 (46:08):
No, I don't like hal because it brings on all
sorts of issues. I mean, yeah, even for our customers,
for people that aren't with us. They you know a
lot of times people are out thousands of dollars. It
makes people aware. Yeah, I think we have been in
a pattern where people kind of have forgotten about the

(46:28):
amount of hall we get in here in Colorado because
it's been a quiet couple of years, and so people
are now starting to take on greater responsibility for their
roof and in terms of deductible and roof schedules. And
they've been comfortable to do it because it's saving the
money on their premiums. But part of that is because
they haven't had to deal with the pain of acclaim

(46:51):
and what that's going to actually look like in reality.

Speaker 4 (46:54):
So would you say the majority of people that add
hail damage in the past weekers, This looks like it's
going to be a good hail season.

Speaker 3 (47:03):
It has started off as a very banger. Yeah.

Speaker 4 (47:07):
And we remember those years from that long ago where
like I remember one point, I had a computer store
in Parker, So I'm going back to like two thousand
and nine ten, every single day for almost three weeks
in Cottonwood area is where my computer store was. It
literally hailed every single afternoon.

Speaker 3 (47:27):
Yep.

Speaker 4 (47:28):
It was craziness, man.

Speaker 3 (47:30):
Yeah.

Speaker 6 (47:30):
And you would see those those clouds, and that's what
we're seeing again, those dark clouds starting to come over
the mountains in the sky. Sure it comes, you know,
and I will tell you that these Yeah, we have
gotten a number of calls for people wanting the solar
policy that we talked about, the hail policy. Yeah, and
it's a five day waiting period. But they're seeing these

(47:52):
these clubs coming off and they're like, hey, I want
to get that so force today, and I have to
tell them we can't.

Speaker 4 (47:57):
I promised we Yeah. Wouldn't that be fun? Can you
get Sola the day after? Actually, it is kind of
funny because if you didn't turn in the claim now,
they would know because they're gonna know when the storm hits,
Sola literally goes to some kind of natural weather service
and they can see there was one inch heil, right,

(48:18):
Because Sola pays out you got to have some form
of damage, right, and the hail has to be higher
than one inch, correct, And that's it.

Speaker 3 (48:26):
Yep, if you meet that criteria, they just write you
a check just to prove that point.

Speaker 6 (48:31):
Because I've been you know, Sola is a relatively new company,
so we're we're getting our feet underneath us as well.

Speaker 4 (48:38):
You already have claims people have made that you've sold
policies that from this most recent story storms. Yes, what's
the biggest check with the one of them? Twenty so
twenty five grand. They're gonna have no questions asked. They're
gonna send them a check for twenty five donuts. Correct,
here's here's just to prove the point. Plus they get
whatever their homeowners covers.

Speaker 6 (48:57):
Yeah, in this case it was the sole remedy was
the twenty five thousand. Their home insurance didn't even get
contact actual cash value or whatever. But it's enough to
pay for their roof. So their their head's crazy, but
it's SOLA right now has a ninety six percent claim acceptance.
In other words, when someone's made a claim, they've they've

(49:18):
approved it ninety six percent at the time.

Speaker 3 (49:20):
Compare that to safego oh much, it would say, yeah,
all of those.

Speaker 4 (49:25):
So they don't they just write you a check because
really all they're doing is checking with the National Weather
Service yep, making sure there's one in jail and confirming
there's some form of damage exactly that's it, and the
damage on it do they count? Like how does the
damage work? Like if my gutters are beat up, No,
it cannot be cosmetic. Okay, it doesn't have to be

(49:46):
the roof, but they don't cover cosmetic damage. So you're
going to have the damage you would.

Speaker 6 (49:52):
Sure think so, but you have to show pictures of it,
or get a roof report, get get Excel out there
and they can do a roof report. The beauty of
it is you don't have an adjuster that you're going
back and forth with. You're not getting actual cash value
then sending receipts in to get the check. It is,
here's your check, this is what you paid for, this
is what you're getting.

Speaker 4 (50:12):
I had a policy through Integra.

Speaker 3 (50:14):
We still have it.

Speaker 4 (50:15):
We were grandfathered into it before whatever rules shot up
in Colorado. But if you end up going to the hospital,
we got fifteen thousand dollars to the er, not to hospital.
And sure enough, our daughter when she was under our
care under eighteen, she got rear ended and she was
seventeen and got to the hospital. We ended up getting

(50:38):
a check from this. I think it was the general
insurance policy for fifteen thousand dollars, no questions asked. We
could do whatever we wanted with it. But because she
ended up in the er, we got fifteen thousand. Then
our health insurance still paid for, of course, everything she did,
but they didn't subrogate that. Fifteen grand was all out
there by itself, which is cool and soul is this

(51:00):
is exact same thing.

Speaker 6 (51:01):
Very very similar to that. It is a supplemental type policy.
That's exactly what it is.

Speaker 4 (51:05):
Can they cancel you, like if we have a really
bad hail season and then next year SOLO is like,
we're gonna pull out of Colorado. I mean they could,
I guess, so they could pull out.

Speaker 3 (51:15):
I guess yeah.

Speaker 6 (51:16):
I mean that's the roof period is still one year. Yeah,
what you're paying for you're still covered during that time.
Now there is you can only have I think it's
two claims within a policy period. So within that twelve
month you could only get your way payment out.

Speaker 4 (51:28):
Wait a second, wait, wait, you just made me think
of something else. Do you know where I'm gonna go
with this? So my roof gets hit one inchail and
there's damage whatever, I don't get it fixed. They send
me the twenty five thousand, and then there's more damage
three months later. But I never got the roof fixed,
but there's still one inchail and another section of the

(51:49):
roof for the same section has more damage. Yeah, is
that fifty grand?

Speaker 3 (51:54):
That would be another check. That's two checks, yep, two checks.

Speaker 6 (51:58):
You can show the damage and it's it's it's such
a bizarre policy or because we're used to fighting with
people different than what we're used to, and they don't care.
They don't ask what kind of roof you have, They
don't care if it's fifty years old, they don't even ask.
They don'ty don't ask for the age of the roof.
They don't care.

Speaker 4 (52:18):
What have you ever seen anybody denied that's come through
you where they won't give them sola have had.

Speaker 14 (52:24):
To not know.

Speaker 6 (52:24):
No, they don't care. They don't care. Now, I wouldn't
sell sola to someone that has a concrete tip.

Speaker 3 (52:30):
I wouldn't advise it to someone has.

Speaker 6 (52:32):
A concrete purpose or your roof helof you do this,
I mean, it just feels like you're wasting your money.

Speaker 4 (52:38):
And I always want to clarify this when I say
in Gerald, I promise we'll get to your question here
for Brian right after the break.

Speaker 3 (52:44):
But I do want to clarify this. There's Class four
roofs that are asphalt that they are.

Speaker 4 (52:50):
Hell resistant, and if anybody has ever owned one and
it hails, they generally don't resist much. No, So when
I say I have a hail proof roof, I mean
if if I have bowling size hail doesn't matter.

Speaker 3 (53:02):
We're all gonna die.

Speaker 4 (53:03):
We're all just gonna die literally, our cars would be crushed,
brains would be everywhere.

Speaker 3 (53:09):
That could be a good movie.

Speaker 4 (53:10):
Actually, that could be one of those uh you know
where the World's coming to an end movie.

Speaker 3 (53:15):
But I digress.

Speaker 4 (53:17):
My roof is a synthetic plastic. It's called f wave.
It would take a baseball size hurled at it it.
I don't know, probably faster than what hal can fall
from the sky to damage it, depending on the weight.
I mean maybe baseball size hal.

Speaker 6 (53:34):
The board in your case wouldn't be worth it because
they're not rewarding you for your roof.

Speaker 4 (53:40):
But the reason I bring that up, if you had
your roof done in prior years and you have a
asphalt hail resistant roof, that doesn't mean money.

Speaker 6 (53:49):
It does not mean to prove that point. Your rates
now with insurance companies with or without that UL four rated.

Speaker 3 (53:57):
Roof don't care. Doesn't matter. That's true. You used to
get a discount.

Speaker 6 (54:01):
I would say ninety percent of carriers. The price doesn't
This just doesn't matter. Yeah, and you could click it
and say, yes, this is you all. The rate doesn't change.

Speaker 4 (54:10):
It doesn't change, right.

Speaker 10 (54:11):
All right?

Speaker 4 (54:11):
Three oh three seven one three A two five five
Any questions got one of the smartest men in insurance
next to me. Three zero three Martino. Were also solving problems,
answering questions, taking complaints. Gerald, I promise you up next
three zero three Martino, get those calls in. I want
to sake my teeth into a bad contractor. I want
to hear about one. I want to hear about one.

(54:34):
I'll put all three deputies on it at one time.
All right, three O three seven one three A two
five five three.

Speaker 3 (54:44):
Zero three Martino.

Speaker 4 (54:45):
You have any questions for against Brian Burns, please h
three oh three Martino. Jerald does have a question for him,
but real quick. I want everybody to know that this
hour brought to you by one Clear Choice doors dot Com.
I'm going to tell you something. They had a deal.
I don't know what it is now, you got to
call them up, but one Clear Choice it was three

(55:06):
hundred bucks for an opener installed. Now, I guarantee it's
probably at least four hundred now, but even at four
hundred dollars.

Speaker 3 (55:13):
If you ever tried to install your.

Speaker 4 (55:15):
Own garage door opener and made it out alive, bless you,
because I have been in that spot.

Speaker 3 (55:22):
I will never do it again.

Speaker 4 (55:23):
They came out fixed my mistake, and back then it
was two hundred and ninety nine bucks, best two hundred
and ninety nine I ever spent. But these guys can
do a tune up for you. They can sell you
a new garage door after a hailstorm. They can install
an opener, replace an opener. When it comes to garage doors,
one clear Choice doors dot Com. Now we've got a

(55:47):
question for Brian. We do have three lines open, three
zero three Martino Gerald, what is your question, sir?

Speaker 16 (55:56):
Yes, Uh, I had a car accident back in the
twenty ninth and the person that hit me has All
State insurance and I went through that.

Speaker 13 (56:13):
There was no.

Speaker 9 (56:15):
Bodily or injury or anything. It was just an accident.

Speaker 4 (56:19):
What happened, Gerald, just paint kind of a picture of
what happened.

Speaker 9 (56:23):
Well, I was going down the street street in the
left lane and she pulled up, tried to pass me
and cut me off.

Speaker 4 (56:37):
Did you rear ender or what happened?

Speaker 3 (56:39):
Did she rear ended?

Speaker 9 (56:42):
She hit my front bumper?

Speaker 3 (56:43):
Oh okay, all right.

Speaker 9 (56:45):
Yeah, it's her fault.

Speaker 3 (56:46):
They ticketed her excell perfect.

Speaker 9 (56:50):
And then I waited because I got a letter from
all State.

Speaker 10 (56:58):
Stating they are not going to do it anything, because.

Speaker 9 (57:02):
She told him she was doing the speed limit and
I I was, I didn't real yield the right of way.

Speaker 3 (57:15):
To her, but she was, Hey, Gerald, what did she
actually get cited for.

Speaker 15 (57:24):
In proper laying change?

Speaker 9 (57:27):
She not, let's see the right of way.

Speaker 4 (57:34):
So I got you, but she got it when she
was on the scene with the police officer. Was she
arguing it was your fault at that point?

Speaker 9 (57:43):
Well, it was funny because she left and went to
a parking lot supposedly, and I stayed where I.

Speaker 3 (57:52):
Was, Yeah, because it was in traffic.

Speaker 9 (57:55):
I was in a turn lane which there was nobody there.

Speaker 3 (57:59):
So the cop came up to where you were.

Speaker 15 (58:02):
No.

Speaker 9 (58:02):
They told me to go home too, because it must
have been an hour two hours, And then I called him.
I says, hey, should I keep waiting? And they says, no,
go home and we'll send them out to you.

Speaker 4 (58:15):
So she got cited though, for sure, Yes, So it's
kind of curious. And Gerald, hold line, I want to
pick Brian's okay brain for a second. So it's always
been very funny to me that someone couldn't be cited
in an accident for whatever following too clothes and they
end up rear ending you. But that doesn't mean the
insurance company has to pay anything. I mean, right, I mean,

(58:39):
let's just get right to it. There has been times
where someone has been sighted and ultimately the insurance company says, Nope,
we don't care what the police think.

Speaker 6 (58:49):
We don't think our customer is liable. I think that
is a very minute portion of claims. As a matter
of fact, what Gerald did is exactly what I would
tell them to do. So many times where things like
this happen and people just exchange information and the person
that is at fault and this in the moment will
acknowledge it. Hey, you know what, I know it was

(59:10):
my fault. You wait two days, and all of a
sudden they don't think it's their fault. And if you
don't have a ticket or any kind of violation, you're
out of lock. So this way, he's great. I don't
know how they're going to get out of this. Gerald,
How do you know that this woman got cited?

Speaker 3 (59:28):
How do you know that?

Speaker 9 (59:29):
Well, I've got the court records. Oh, she was cited,
she went the court and she pleaded guilty.

Speaker 3 (59:38):
Okay, so I guess I'm not understanding what leg are
they standing? I don't understand how they're denying it. Well,
do you have the denial letter?

Speaker 9 (59:49):
Yes?

Speaker 3 (59:49):
And what does it actually read?

Speaker 9 (59:52):
It's a transcript?

Speaker 3 (59:54):
Oh you mean of the whole court?

Speaker 10 (59:55):
No?

Speaker 3 (59:56):
No, God, God bless no with the date.

Speaker 9 (59:59):
Of the rest plea pleay if guilty disposition is guilty and.

Speaker 4 (01:00:08):
It's for improper lane change?

Speaker 6 (01:00:11):
Yes, Hey Gerald, going back to this particular event though,
do you have insurance? Yes, collision and comprehensive. I did
you have a collision on your car?

Speaker 4 (01:00:22):
I was going to go there, Brian. But but Brian
a lot of people, and I'm sure he's the same way.
I realize you can take him the small claims court
for the deductible or his insurance company will probably look
at this subrogate and get him his deductible, because don't
you get first dollar you do?

Speaker 8 (01:00:40):
So?

Speaker 3 (01:00:41):
Gerald, here go ahead, Brian, I'll let you say so.

Speaker 4 (01:00:43):
And it's a good question. Why didn't he or why
don't you?

Speaker 7 (01:00:46):
Now?

Speaker 3 (01:00:46):
Have you turned this into your own insurance? Who are
you insured with?

Speaker 9 (01:00:50):
Well? I'm a state farm.

Speaker 3 (01:00:53):
Okay?

Speaker 9 (01:00:53):
Have you troubled waiting?

Speaker 3 (01:00:55):
I was waiting.

Speaker 9 (01:00:56):
Well, I got a thousand dollars deductible.

Speaker 3 (01:00:58):
Yeah, I get it, but I understand how much damages are.

Speaker 9 (01:01:04):
Well it's about three thousand.

Speaker 4 (01:01:06):
Okay, probably more once you get to the body shop.

Speaker 3 (01:01:10):
Yeah, got it. And so yeah, I was waiting till I.

Speaker 9 (01:01:15):
Got the results from her case, and now I've got it.
I just picked it up yesterday and now she's pleading guilty. Okay,
So now I don't know if I should go to
all State. Well, go to my insurance.

Speaker 3 (01:01:32):
Yeah, there's you know what I get.

Speaker 6 (01:01:35):
What you're doing is totally reasonable, and I understand why
people do it, is going against the other insurance. And
I tell people that, hey see, if they just go
along with it and.

Speaker 3 (01:01:43):
If they pay you, great.

Speaker 4 (01:01:45):
But I want to explain something. We got to take
this break. But Brian, when we come back and hold on,
hold on, Gerald, and then David, you hold on too.

Speaker 3 (01:01:52):
He's got a question for you.

Speaker 4 (01:01:53):
But I want you to elaborate on what I'm going
to say right now a little more. When you turn
something like us into your own insurance company, I think
a lot of people are under the impression they're gonna
get punished come renewal, and that is a very very
normal thought to have because in most circumstances with insurance,

(01:02:17):
that's very true. But we're gonna find out what Brian
has to say after this, right, Jan and stepping up
his game with a little disco.

Speaker 11 (01:02:32):
I like that.

Speaker 4 (01:02:32):
Three oh three, seven to one, three eight, two five
five Gerald. We're gonna go back to Gerald real quick.
We got two lines open. Any questions you have please
three oh three, Martine, We've got an update coming to
next hour and we're gonna get under a criminal defense attorney.
But this update, Okay, I love teasing the audience, there's

(01:02:53):
no doubt about it. But Brian, you're the one that
asks during the break, so people on YouTube kind of
have a snippet of it. But tell me that update.
It's not the juiciest little piece of meat you've heard
in a while.

Speaker 6 (01:03:06):
Yeah, just because it was such a prevalent conversation here
on the radio when we're here.

Speaker 4 (01:03:11):
Yeah, we spent probably an hour on it months ago.
Guy was suing a car wash. That's all I'm going
to say right now. But the twists in the turns
are crazy, totally unexpected way. I believe I did not
see this one coming.

Speaker 3 (01:03:29):
Mark. I couldn't have when you just kind of recapped
it for us off the air.

Speaker 4 (01:03:34):
I remember you kind of mentioning it, but then when
I started thinking about it, it is the craziest outcome
that I can remember.

Speaker 13 (01:03:44):
What.

Speaker 3 (01:03:45):
Yeah, of all the outcomes, I think so of all
the nightiness that we get on phone, I think this
is mark teasing. So you's got to build it up
a little bit. Yeah, I am. Okay, Well, people will
a good one. It's unbelievable.

Speaker 4 (01:04:02):
What do you think dollars? Seriously, is that not one
of the best.

Speaker 3 (01:04:05):
That's a very good one, for sure. It's crazy. Chopper
na Voo does better. Yeah, but listen used to be
a Denver popo for him. This isn't even a snack.

Speaker 4 (01:04:16):
It's absolutely crazy. I just can't it's crazy. It's crazy.
In fact, we're gonna get Joe Lazara on because it's
that crazy. The guy that called in, and I'll tease
a little further, the guy that called in is now
facing really bad charges, really bad charges. I'm gonna leave

(01:04:37):
it at that. Let's get Joseph A. Lazara on. It's crazy.
We'll get them up. Okay, Now, Gerald, I want to
go exactly back to where we left off. So Jerald
got hit by a woman, she got the ticket, she
pleaded guilty to it. Her insurance company does not want
to pay for whatever reason. Jerald has full coverage. So basically,

(01:05:00):
if you turn it into your own insurance. There's two
things Brian. Number one we kind of alluded to, and
this is big. Most people think if they turn into
something that's not their fault, that they get penalized, right
because on homeowners, that's true, that's true. I didn't create
a hailstorm, but if you have more than two of them,
they're gonna kick you to the curb. Ye, how does

(01:05:21):
it work in Colorado with this kind of claim?

Speaker 6 (01:05:24):
Okay, so at Colorado, a not at fault collision claim,
which is what this would be, are not chargeable however,
and neither are comprehensive claims.

Speaker 3 (01:05:34):
However, they still show up.

Speaker 6 (01:05:36):
Like if Gerald was to call me and I ran
a clue report after all this and he'd followed the claim,
I would see the claim and it would show a
collision claim, but I probably would need to get documentation
from him to show that it was not at fault.

Speaker 4 (01:05:50):
So, but they can't raise once you prove it was
not at fault, they can't raise your premium due to that.

Speaker 6 (01:05:58):
Correct Now new carriers can't raise their premium because of it,
but they can underwrite. Like let's say he had four
non affault claims an insurance company could pass on. They
could say, we're not going to write this account. So
he's smart in trying to handle it through All State
because that wouldn't show up on him, especially if it's
a clear cut case.

Speaker 3 (01:06:16):
They're going to pay and you move on. You don't
have to claim gerald, your.

Speaker 4 (01:06:19):
Rates aren't going to go up by turning it in.
But your thousand dollars deductible, we both agree with you sucks.
Tell him most likely how that's going to end up.

Speaker 6 (01:06:28):
So if State Farm, if you follow the claim with them,
and there is exactly what you're talking about, the other
driver was ticketed, it should be pretty clear cut they
will subrogate against all State, and All State will end
up paying. Whatever money they get back will first go
to replace your deductibles, so.

Speaker 3 (01:06:45):
You should get it back.

Speaker 6 (01:06:47):
There are times when claims are so small the insurance
company does just writes it off and says it's not
worth our time to subrogate, and you can't force them to.

Speaker 4 (01:06:57):
And in that case if you wanted to, Gerald, I
think in this case, because you probably got a four
thousand dollars claim. If you think it's three, it's four.
I've just learned too much about body shops over the years.
The second they remove something, I promise they find something else.
But the bottom line is four thousand dollars in damage thousand.

Speaker 3 (01:07:16):
This one is a no brainer to me.

Speaker 4 (01:07:18):
If you have that ticket and proof she proved or
said she was guilty, the bottom line is they will
subrogate and that first dollar goes back to him.

Speaker 6 (01:07:28):
Yeah, and you've already tried to go to the right
of all state. You are welcome to call him again
and say, hey, I have the court records showing she
was ticketed and claimed fault, so why aren't you paying this?
I mean, you can negotiate with them, and if you
want to go that route first, but if they are
kind of digging their heels in, then your only option,
your best option, I should say, would be to go

(01:07:48):
to your own insurance company filed the claim and let
them deal with it.

Speaker 4 (01:07:51):
So that's it, Gerald, And if it was somebody that
Brian actually dealt with, he'd give him a call for you.
But unfortunately, State farmall state that doesn't work. Look, we
got two hours coming up. If you've been ripped off
or taking advantage of any questions on insurance and that
includes employers out there. Three oh three Martino, David, I
promise you up right after the break. Do me a

(01:08:13):
favor and hang in there.

Speaker 1 (01:08:16):
Krfx HG two Denver, khow Denver.

Speaker 2 (01:08:20):
This is six thirty K Denver's Talk station, then iHeartRadio station.

Speaker 3 (01:08:25):
Guaranteed human forty five years strong.

Speaker 2 (01:08:31):
Solving your problems, answering questions, taking complaints.

Speaker 3 (01:08:35):
This is the Troubleshooter Show. No Tom Martino.

Speaker 5 (01:08:40):
Welcome back to the Tom Martino Troubleshooter Show. Our phone
number is three oh three seven one three talk. That's
seven one three eight two five five. We got a
line open. We'd love to hear from you. Questions, comments, complaints,
anything that's on your mind. Please give us a call.
We got a line open. We have David with us.
He's got a question for Brian. And by the way,

(01:09:00):
after we get done with David, we're gonna have a
very interesting, very interesting update on suing a car wash
and how that turned out for one of our callers.

Speaker 3 (01:09:11):
David, you're on the phone with the Tom Martino Troubleshooter Show.
What can we do for you?

Speaker 15 (01:09:16):
Well, question on roofing. I know that the still roofing grant,
you know, impregnanted skill or whatever it is, your premiums
over ten years are a lot less. What about that
is true?

Speaker 3 (01:09:35):
Yeah, I'm sorry, go ahead, Yes that is true.

Speaker 15 (01:09:38):
Well, I was gonna say, is the fleas the same
or is it still too news for insurance companies to
give you the long term discounts.

Speaker 3 (01:09:47):
It's a great question.

Speaker 6 (01:09:49):
As a matter of fact, there's a lot of carriers
that don't even have an option for f wave or
you know it's product type. Yeah, it's a synthetic type
of plastic. So but a lot of them are starting
to get it and they're putting that in there and
the ones that do. The concerned insurance companies had on

(01:10:10):
this product wasn't that it wasn't going to stand up
to hail and the fire ratings unbelievable. Fire rating's great.
They were more worried about if it's going to warp
over time from heat to our sun or you know,
just because it's a newer product.

Speaker 4 (01:10:22):
But it still saves you listen to this man. Honest
to God, David, it still saves me a ton of
money with my insurance company.

Speaker 3 (01:10:30):
Do you know why?

Speaker 6 (01:10:32):
I know that his deductible, he's able to raise that
wind hail deductible to a really, really high number. In
other words, just yeah, knowing that he's not going to
make a claim in that he's going to save the money.
And really that's the same thing with the stone coated steel.
In addition to lower rates, what you're going to want

(01:10:52):
to do is raise your windhil deductible up to a
much higher amount because the chance of you filing a
claim is so little that it's worth the risk for
the reward of the premium hold.

Speaker 4 (01:11:04):
On one sech d he said something I didn't know,
and you said, it's true. So the steel roof you
save money?

Speaker 3 (01:11:13):
Yeah?

Speaker 4 (01:11:13):
Is that because cosmetically they won't do anything on a
claim and it's pretty hard to damage because I have
a steel roof on my barn and I've been lucky
so far, because I've seen barnes in our neighborhood that
look like you know, they went to the batting cage yep.
But none of those claims would be paid. Is that
why it's cheaper.

Speaker 6 (01:11:31):
Yeah, almost all carriers have a cosmetic exclusion now, so
that dents are not going to be covered. That's not universal,
but most of them are. And that's why I like
that stone coated steel because you don't really see the
dent marks, not nearly like you do on the standing
steam roofs. And to be honest, I have a portion

(01:11:52):
of my house that has a standing seam metal roof,
but I wish I would have done the stone coated
steel because I do see every single mark of any
kind of hail that hits it. Even though it doesn't
damage it, it doesn't change the functionality, so it wouldn't
be a covered claim. But those stone coated steel you
just don't even see the marks on it. Whenever the

(01:12:13):
hail hits it might dent it, but you don't see it.
You get some granular loss, but you just don't notice
much damage.

Speaker 5 (01:12:19):
And Brian, is this stone coded steel? Is this one
of those steel roofs that David is referring to that
gets you ultimately gets you a discount on your homeowners premiums?

Speaker 3 (01:12:28):
Yeah? It absolutely trying to figure out.

Speaker 5 (01:12:30):
So basically, there's no esthetically speaking, there's no downside to
a stone coated steel, right, it doesn't look like you
have that shiny steel barn roof like you see out.

Speaker 3 (01:12:39):
On the countryside.

Speaker 5 (01:12:40):
So what I'm trying to figure out is what is
David's ROI let's say he's in the position today that
he has to replace the roof, so he goes with
a stone coded steel roughly speaking. I realize you can't
tell us the exact percentage return on that investment. But
let's say, David, David, what do you pay for homeowners
insurance A you're roughly speaking.

Speaker 15 (01:13:01):
I'm actually with compass.

Speaker 1 (01:13:04):
It.

Speaker 15 (01:13:06):
I want to say it's like thirty five hundred years.

Speaker 3 (01:13:09):
Okay, okay, thank you. So he's paying about three and
a half thousand a year.

Speaker 5 (01:13:13):
So let's say he now switches to this hail resistant
or hailproof steel stone coated steel roof, roughly speaking, what
kind of a discount should he expect?

Speaker 6 (01:13:22):
So I did do something, and David, we can obviously
with you as a client, I can actually do it
for you and we can look exactly what it is.
But I did an entire seminar with Excel Roofing about this,
and we did some general quotes and what it looked like,
over a ten year period of time, just the savings
on just the insurance would pay for the additional cost

(01:13:46):
of the roof, because the roof is usually about two
and a half times the cost of asphalt, so it
is a bigger investment. But over ten years, the savings
on the insurance alone paid for that. And then that
didn't even take into that you're not replacing.

Speaker 3 (01:14:01):
The roof over that and the value of the house
goes up. The value of the house goes up.

Speaker 6 (01:14:05):
But the big thing is, in ten years, there's a
good chance you would have had to replace that roof again.
Sure if it was asphalt deductible, Yeah, and then after
ten years it's just gravy after that.

Speaker 3 (01:14:15):
That's incredible.

Speaker 5 (01:14:16):
That implies a ten percent annual return on investment, and
then you get a free upgrade after ten years. Right,
but I assume your insurance savings go on after those
first ten years.

Speaker 3 (01:14:27):
Right then you just saved that much more money. David,
I'm sorry, what was that.

Speaker 15 (01:14:32):
Well, I'm going to say, so between the two, the
f wave versus the steel, if I was to replace
my roof today, I mean, it would it be better
just to go with the steel, just because of the
insurance companies or is there one versus another.

Speaker 4 (01:14:47):
Well, and I just want to reemphasize this. Well, first
of all, I think F waves about double. So if
asphalt class four is twenty thousand, I would think f
waves about kind of might be a little wants more.

Speaker 6 (01:15:00):
It's a little bit more than stone coated. Even it's
even more a little bit more than stone coded. I
mean that's when at that seminar that we did with Excel,
it was.

Speaker 3 (01:15:08):
A little bit more. I didn't realize it was more.
They're both great products.

Speaker 6 (01:15:13):
And the beauty of them, David, is that you you know,
as opposed to like concrete tile, you don't have to
get re engineered trustes to hold the weight.

Speaker 3 (01:15:21):
Mine.

Speaker 4 (01:15:21):
Look, they look brand new. Every time it rains, my
roof looks brand new. There's nothing to fall off of it.

Speaker 3 (01:15:27):
Yeah, nothing whereas a stone could it.

Speaker 6 (01:15:29):
You know, you're going to get some granduar little loss
over time, and they can they can reput some on.
They can re that's kind of you know, after a
while they can do that. But it they're both great roofs.
If I was doing a new roof, what.

Speaker 3 (01:15:42):
Would you choose.

Speaker 6 (01:15:43):
I think a lot of it's got to be your house. Yeah,
it depends on what look you're going for. The the
stone coated steel looks. It can look a lot like uh,
concrete tile, So I probably go that route because of
most of my neighborhoods.

Speaker 4 (01:15:56):
The wave looks like almost like slate.

Speaker 3 (01:15:59):
Yeah, yep.

Speaker 4 (01:16:03):
Any other questions, David. I love mine though, and no
matter what I'd use, excel that I would use itself.

Speaker 15 (01:16:11):
They did my F wave, okay, and that's kind of
my plans.

Speaker 3 (01:16:16):
I don't even know why.

Speaker 4 (01:16:18):
I want to say something real quick about F Wave.
I think it's like a twenty five year warranty or thirty,
I don't remember. It's crazy, but I don't even know
what would ever happen to it. It's plastic. It's like
Polly something something. For the life of me, I have
no idea it's not going to degrade in my lifetime.

Speaker 3 (01:16:38):
It's like having an.

Speaker 4 (01:16:39):
Old tupperware bowl that your mom sold in the sixties.
That bowl is still somewhere if it didn't hit the landfill.
I have no idea what could ever happen to this thing.
I just don't understand. I don't understand why it's not
a lifetime warranty.

Speaker 7 (01:16:54):
I just don't know.

Speaker 15 (01:16:56):
Oh, okay, all right, so but call up Excel.

Speaker 4 (01:17:00):
I'm sorry, hold on, keep going, man, go ahead.

Speaker 15 (01:17:04):
No, that's great. And so I'll look into boat and
get a hold of Excel, and David, you.

Speaker 6 (01:17:13):
Can call us and we can give you. You can
call my office even right now, and we can give
you what it would do to your rate. And that's
without us even shopping around other carriers, but even who
you're with now we can look to see what it
would do, so you kind of get a feel for
what the savings would be on insurance and on the
f way.

Speaker 3 (01:17:32):
Like I said, I.

Speaker 4 (01:17:32):
Bumped my deductible to five or ten grand. Now that's
just for hail or wind. So if anything else happens
my deductibles whatever it is, a thousand bucks, I don't remember,
but for those two perils, I bumped it. And I'm
telling you that was five six years ago. I had
that roof put on, and we've had a lot of hailstorms.
And I'm telling you right now, the damn thing's bulletproof.

(01:17:54):
If my roof has damaged, cars have holes in them, yeah,
and that would be part of the thing, David. If
you if we were shot. If we were looking at this,
we'll look at changing the roof type, but we'll also
look at raising that wind hill deductible because it only
makes sense to do it, and then you can kind
of get a real feel for what that premium would be.
And I'm sure, I'm sure, Like with that coated steel,

(01:18:15):
the fire rating is unbelievable.

Speaker 3 (01:18:17):
But I live out in the woods, and if.

Speaker 4 (01:18:19):
There's a fire around me and ambers hit my roof,
can I catch on fire? And I assume the still
thing with the steel? Yeah, I mean, so that's a
big deal where I live. That's one of the reasons
I went with F Wave two, not that cement would
catch on fire, but I actually shopped at and Excel
came out. The problem with that for me is I

(01:18:40):
would have had an engineer get involved, right because and
I wasn't ready to pay for an engineer. That's the
problem with concrete tile. The weight of it just makes
it it's not really feasible for most homes unless there
they're engineer told us to designed for it, all right,
three oh three seven one three eight two five five
three oh three Martino, when we come back, Well, we're

(01:19:00):
gonna wait till we get Joela's Aaron. So when we
go over this car wash thing, just just don't be
standing up. Don't stand up, because what will happen is
you're gonna faint when you hear about it. All right,
three oh three seven one three eight two five five

(01:19:21):
three zero three Martino, We're gonna have Joela's Earra coming up,
uh pretty soon, and I'll tell you why it's this
car wash deal. This guy calls in, this guy, I'm
gonna wait. I'm gonna wait till I am. I'm gonna
wait until we get Jola's Aaron to do the whole thing.
It's gonna be real soon as soon as we get
them up. Brian Burns, Compass Insurance. Let's talk real quick

(01:19:42):
about other things. We always talk about Hale. It's Colorado.
We always talk automotive. Let's talk workmen's comp. Do you
guys do workmen's comp policies?

Speaker 12 (01:19:52):
We do?

Speaker 3 (01:19:53):
Yep.

Speaker 4 (01:19:53):
And a lot of people think the only game in
town is Panamical.

Speaker 3 (01:19:58):
Why is that?

Speaker 6 (01:19:59):
Well, for many years they were. They really came up
with the best deal. If it was a Colorado only company,
if they if they had branches outside of Colorado, then
Pinnacle wasn't an option because they could only do it
in Colorado. But now that's just no longer the case.
They're you know, we always look at them. We look
at Pinnacle, but they're the cheapest who cares.

Speaker 3 (01:20:20):
Yeah, but a lot of.

Speaker 6 (01:20:22):
Times it's a better deal if you have let's say
you have business auto, general liability, whatever it is, throwing
that with that same carrier.

Speaker 3 (01:20:30):
A lot of times, some of.

Speaker 4 (01:20:31):
The bests you represent that do workmen's comp.

Speaker 6 (01:20:34):
Oh, we have a ton oh no cares comp. Yeah,
but I mean you also shot pedicle. Yeah, we always
look at Pinnacle as well. And there's another carrier that's
a one office it's called Employer's Comp.

Speaker 8 (01:20:46):
Do you do it?

Speaker 4 (01:20:46):
Do you do it the same way you do it
for consumers and listeners? So if I got a contractor
out there and they want to shop their workmen's comp
and their general liability policy, do you do it the
same way you shop multiple companies and tell them yeah,
we can beat it, or you're getting the proper amount
of coverage your house at look.

Speaker 3 (01:21:06):
Yeah we do.

Speaker 6 (01:21:07):
However, with businesses, it's really important they understand the differences
in policies, especially contractors. There's companies out there that will
they have these you know, exclusions on their policy for
subcontracted work they fly out, won't cover period the general
contractor even not an employee, they're not.

Speaker 3 (01:21:29):
Going to cover it.

Speaker 6 (01:21:30):
And so and then there's other carriers that will allow it.
You're you're charged for it. But it's it's important to
know the differences. And so it's not as simple as
just looking at premiums like it is with personal lines.
A lot of it is premium based, it's not all.
There are differences between carriers and there's cottages.

Speaker 4 (01:21:49):
There might be people listening right now that have some
form of general liability coverage for their business and have
subcontractors and don't even realize they have no coverage.

Speaker 6 (01:22:00):
Yeah, absolutely, yeah, there is uh. I have seen excavation
excavation companies that have insurance that that actually exclude ground movement.

Speaker 3 (01:22:14):
There. There is essentially all it is.

Speaker 4 (01:22:18):
And that's what that's what companies been. Company that is
not going to ensure your people doing roofing exactly that
that is truly what it's what it is. And so
what is interesting is businesses. A lot of times business
owners all they care about in their mind at least
is that they have a certificate of insurance, because that's
what they're they're uh, you know, their customers are requiring

(01:22:41):
I have to have a certificate of insurance to get
on on the property. Yet what they don't realize is
their their insurance truly doesn't cover them for anything. So
it gets them on there, but if there's ever a claim,
they're going to have huge problems.

Speaker 3 (01:22:56):
So it's really.

Speaker 4 (01:22:58):
Important to understand your insurance especial act as a business.
And there's another part to that in Demitri, I don't
know if you were thinking that, but if I hire
a contractor like Excel Roofing, they came out and did
my roof years ago, they actually provide a certificate of insurance.
I would have never have thought to verify that. If
they use subcontractors to actually do the roof.

Speaker 3 (01:23:19):
Why would you? You wouldn't know.

Speaker 4 (01:23:21):
But whoever's doing your roof or doing that basement remodel
or doing whatever, they might not even have coverage.

Speaker 3 (01:23:29):
They might not even have coverage. Light your house on fire,
you might be screwed. Right.

Speaker 6 (01:23:33):
That's scary as OUs really is, and that's what that's
why reputable companies are huge, and even those reputable companies.
You sure hope they are doing their due diligence with
their insurance. Otherwise they're leaving themselves out to hang, Like
you know, Excel roofing. Who's gonna get sued, It's gonna
be them.

Speaker 4 (01:23:51):
When I had the Goodyear stores, we had some we
had like company trucks. We would run around parts tires,
and they had an actual automotive policy that was under
Colorado Carcare And I'm not sure, but tell me if
it still works this way. But whether I reported a
new car or sold one, it pretty much included all

(01:24:14):
my employees had had driver's license and whatever vehicles I owned.
And I'm trying to remember, I'm being serious, How does that?
How does that work these days? Like if I go
out and buy a new truck, is it automatically covered?

Speaker 6 (01:24:28):
No? Not with commercial and policy you got to add
you have to add it. With personal policies.

Speaker 3 (01:24:33):
You get thirty days.

Speaker 6 (01:24:34):
Usually it's not always thirty days, but there is a
certain time period. But the other piece to that, just
on the record, would be that you it only it's
only extending the coverage you have right now. So if
you have liability only on your car, you're and you
buy a new car on a personal policy. It's not
extending collision and comfort.

Speaker 4 (01:24:51):
How about the employee way. I know anybody who drove
my trucks was covered.

Speaker 6 (01:24:56):
Yeah, and tell there's a claim that you have to
list your employees. They want to know every employee, and
they want to run drivers driver in history. They want
to know it all because they'll searcharge and it's been
that way for a long time.

Speaker 3 (01:25:07):
Yeah.

Speaker 6 (01:25:07):
They I mean, like let's say Progressive, a huge commercial auto.
They want to know every driver.

Speaker 4 (01:25:13):
Got I had this guy, this guy in a wheelchair,
big old, heavy electric wheelchair, I mean, big thing.

Speaker 3 (01:25:19):
He had no legs.

Speaker 4 (01:25:21):
I was on Santa Fe and I was in a
red light and I was making a right and I
made a right and he hit my car, hit the
side of his car in this wheelchair, and he flops up.
I mean, he hasn't a legs. He flops up on
the hood. I of course slammed the brakes on. I'm
absolutely freaked out. It all happened within a matter of seconds.

(01:25:44):
I was in a company vehicle. Ultimately, my insurance company
said we're going to pay out, so they made that determination.

Speaker 3 (01:25:54):
It was my fault.

Speaker 4 (01:25:55):
I disagree with that, but it didn't matter. That claim
never followed me personally. Ever, it never hit me on
my own insurance, from my own vehicles, just the company insurance.
And that's incredible. I always thought if you're at a
fault for something, and that's how it was, even though
I don't think so, but I thought that would follow

(01:26:16):
my CLUE report or whatever you want to call it.
But I didn't get penalized for a half a million
dollar claim because it was a company car.

Speaker 3 (01:26:25):
Now a ticket would follow you, of course, because it
would be on your driver's license.

Speaker 6 (01:26:28):
I didn't get a ticket. You didn't get a ticket.
But yes, you're right, it doesn't work that way with
commercial claims. It's not if they don't report to the
CLUE system. Whenever you change carriers, you have to get
lost runs, so it shows the prior losses. But that
doesn't follow you. It does an individual, Nor would it
follow an employee.

Speaker 4 (01:26:46):
So if an employee did something, and I don't mean
a ticket or an infraction, but if they got into
an accident, like if they ran into a boulder or whatever,
and there's a big payout, it wouldn't even follow them
to their home.

Speaker 6 (01:26:58):
Stuff Nope, it wouldn't. It stays on that commercial policy.
You're exactly right, all right.

Speaker 4 (01:27:03):
Three oh three seven one three A two five five. Look,
we're gonna come back with Joseph A.

Speaker 3 (01:27:07):
Lazara.

Speaker 4 (01:27:09):
I'm going to recap something for him, a true call
we had and Dmitri was given me the update and
Brian Brian Burns is actually the one that asked about it,
and I was mind.

Speaker 3 (01:27:20):
Blown over the update.

Speaker 4 (01:27:22):
And there's a reason we have one of the best
criminal defense attorneys in the state on with us. And
you're gonna find out.

Speaker 3 (01:27:32):
All of it right after this.

Speaker 4 (01:27:38):
All right, three oh three seven one three A two
five five. I've been dying for the last hour or
so to jump into this. I want to welcome joelas
ea Uh to the program. First of all, Joela's era
is one of the best criminal defense attorneys I have
ever met. I don't care if you end up in
something like a DUI or if you end up in
something massive like attempting murder or murder, any kind of charges.

(01:28:02):
Joe's done it all, He's seen it all, and he's
the best out there. Joe, this one is kind of
new for me, and it's crazy and Dimitri looked up
a few things, but I'm going to give you the
gist of it.

Speaker 3 (01:28:15):
It was, by the way, how are you doing, Joe,
I'm doing great. How are you I'm doing good? Man.

Speaker 4 (01:28:19):
So about what do you guys think a month or
so ago, Brian?

Speaker 3 (01:28:23):
Two months? It's been a little bit. Yeah, it's been
a couple of months. We had a caller call in.

Speaker 4 (01:28:28):
He went through a car wash and he claimed that
the car wash hurt his car, It scratched his car.
He took pictures of it, and he got very aggressive
with the car wash because they didn't want to pay it.
They completely denied it happened. And whether it happened or not,
I have no idea. I wasn't there, but apparently it

(01:28:52):
got bad enough to where the police got involved. Now
most people would think, oh, the police got involved. He
probably threw him or did something, and I guess in
a way he did threaten him, But I have never
heard of this before. He basically told him, and Dimitri
turned your mic on. I mean, you're the one that's
kind of communicated here, and I'm not giving.

Speaker 3 (01:29:13):
The name of the car wash out of respect for
this guy.

Speaker 5 (01:29:17):
Let's go back for a minute, because I want to
establish the timeline a little bit more accurately.

Speaker 3 (01:29:21):
Please, I think it's only because I'm more familiar with
this matter.

Speaker 5 (01:29:24):
So, the gentleman whose car was allegedly damaged in the
car wash filed a small claims action against the car wash.

Speaker 3 (01:29:32):
That's right.

Speaker 5 (01:29:33):
And so what Mark is about to tell you takes place? Allegedly,
it takes place between the filing of the suit and
the verdict in the civil case in small claims court.

Speaker 3 (01:29:44):
Well, hold on, what was the verdict?

Speaker 15 (01:29:47):
Oh?

Speaker 3 (01:29:47):
Do you want me to skip right to that?

Speaker 5 (01:29:49):
And by the way, the verdict has nothing to do
with why we have Joel Azara on the phone.

Speaker 3 (01:29:55):
It's not going to overlap. No, they're not going to
over what was the verdict and the small claims the
car wash one? The car wash one. And I haven't
been able to look up the case.

Speaker 5 (01:30:06):
It's not in the system, but that's pretty common in
my experience with small claims. You can find some of them,
just don't make it into those.

Speaker 4 (01:30:12):
So Joe, this is where it gets crazy. He lost
in court, then this allegation happened.

Speaker 3 (01:30:17):
Then this allegation happened.

Speaker 5 (01:30:19):
But allegedly the events that are contained in the allegation
took place between the filing of the civil action and
the verdict against the filing.

Speaker 4 (01:30:28):
Now listen to this, Joe, are you ready? I'm going
to have Dmitri tell you what happened to this guy.
And apparently it's a class for felony. Okay, go ahead, Dmitri.

Speaker 3 (01:30:42):
Yeah, so, Joe.

Speaker 5 (01:30:43):
So, before the case went to trial, our caller attempted
to negotiate a settlement with a car wash and during this,
somewhere in this negotiation process, he gave them the idea
that he's convinced that there are a lot of illegals
working in the car wash. And that's plausible claim. But
the problem he ran into is that at some point

(01:31:04):
he allegedly threatened he threatened the car wash with going
to both the IRS and the immigration authorities to report
them for all of these illegals working there.

Speaker 3 (01:31:17):
So, Mark, you want me to tell you how that
turned up, how that backfired on him.

Speaker 4 (01:31:21):
So then what happened, Joe, And once again I'm going
to let Tamitri do it. They called the police, right, Yeah,
they called the police, and he basically got a class
for felony for astortion.

Speaker 3 (01:31:35):
Extortion.

Speaker 5 (01:31:36):
Well, the police began to investigate him for extortion. Right now,
the criminal charges haven't yet been filed, and I don't
know if they're going to be, but they began to
investigate him for extortion.

Speaker 3 (01:31:50):
Detectives the whole bit police.

Speaker 5 (01:31:53):
I don't know if they were detectives or patrol officers.
And so Mark and Brian and I were having this discussion.

Speaker 4 (01:32:00):
Hold on, just within everything you heard so far, Joe,
if is this just Colorado?

Speaker 3 (01:32:05):
And I don't.

Speaker 4 (01:32:06):
I don't expect you know all the rules right off
the top of your head, but maybe you do. But
if I threaten to call Ice on somebody, is that extortion?

Speaker 3 (01:32:17):
I mean, just within the pure sense of that?

Speaker 9 (01:32:20):
Do you know?

Speaker 12 (01:32:22):
I think a lot depends on how it's communicated, you know,
if you're threatening Ice and the irs if you don't
resolve this case favorably, and my for me, yeah, I
think it might be an argument that that is extorage
out of some sort.

Speaker 7 (01:32:36):
Wow.

Speaker 15 (01:32:37):
Is it a strong case?

Speaker 13 (01:32:38):
No?

Speaker 4 (01:32:40):
But it can be an expensive case.

Speaker 3 (01:32:42):
Joe, listen to this.

Speaker 5 (01:32:44):
I'm looking at CRS eighteen dash three, dash two zero seven,
one point five and one point five ends with this
statement threatens to report to law enforcement. Officials, the immigration
status of the threatened person or another person. And then
I skipped down to four and it says that violation

(01:33:05):
of one point five is a Class four felony.

Speaker 3 (01:33:09):
What is the class for? What can that bring Joe?

Speaker 4 (01:33:11):
How does that compare to a Class one?

Speaker 12 (01:33:14):
So like class one's most serious, like premeditated murder, six
is the least serious. Four carries that presumptive prison sentence
of two to six.

Speaker 4 (01:33:22):
Oh my god, Now I understand. I want to say
this because I'm thinking of it in this circumstance, and
I personally think it is kind of extortion. If it
went down the way we think it went.

Speaker 3 (01:33:36):
I can see how someone would apply to this law
to these circumstances.

Speaker 4 (01:33:39):
So imagine, though, like you do work for somebody and
you're here illegally and here comes payday and you're told, oh,
I don't want to pay you for all that work
you did on my house or at my restaurant, because
if you try to shake me down for that money
that I owe you, I'm going to have you deported.
There should be rules for that. That's not a good thing,

(01:34:02):
but it is kind of strange. Would you, within itself,
show to threaten that you know of to threaten to
call ice. Forget about trying to shake somebody down for
money or anything. But you drive by a home depot
and there's ten people out front, You're pretty sure they're
illegally and you just want to call ICE or tell
them go back to where you came from Roman to

(01:34:22):
call ice?

Speaker 3 (01:34:23):
Is that within itself illegal?

Speaker 8 (01:34:25):
Do you know?

Speaker 12 (01:34:28):
I don't know if you just you know, thrond to
call eyes. But obviously the laws are being created literally, yeah,
and they should be. Yeah, that's the threats as well erassment. Yeah.

Speaker 4 (01:34:45):
So if someone if this guy ends up calling you
in talking to you, and they actually press charges, I mean,
what kind of defense And we don't know exactly what
was said, but what kind of defense would you? How
do you defend something that appears to have broken the law?

(01:35:06):
Does that make sense?

Speaker 3 (01:35:07):
Or is it all point of negotiation? At that point.

Speaker 12 (01:35:12):
If the case went to trial, you're looking at what
was said, the context of what was said, disputing those
issues doesn't fall within the parameters or the statute. Then alternatively,
are always negotiating and chatting with the DA. And you know,
it's probably an isolated case, it's probably has no criminal history.
He just wants his money back. The car was damaged.

(01:35:34):
And I think that's a fine line because I think
a lot of people would throw those same statements out
Yeah right or wrong, yeap.

Speaker 3 (01:35:41):
But because they're angry, it's the situation.

Speaker 12 (01:35:45):
Yeah, should they have a felony because of it?

Speaker 3 (01:35:48):
I don't know.

Speaker 4 (01:35:48):
Well, it is kind of interesting because the guys at
least going, hey, my car had no problem to I
went through your car wash.

Speaker 3 (01:35:56):
You guys refuse to pay me, period.

Speaker 4 (01:35:58):
End of story. Then he loses in all claims for
whatever reason. He's so frustrated and he basically goes in
there and he just says something that he's probably regretting,
but he didn't actually do it.

Speaker 6 (01:36:10):
Go ahead, Bright, Well, I was just curious because that's
exactly what I wanted to find out, is that the
timeline is that how this all occurred. He lost in
court and then made the no.

Speaker 5 (01:36:20):
No, I was very clear on the timeline was in
the middle. Yeah, the threats occurred in the middle, Okay,
before he even gone to court and loss. And the
reason and the reason I think it's significant to note
that the events allegedly occurred in the middle is that
he was trying to get something of value from the cotwash,
and in order to leverage his position to gain something

(01:36:42):
of value, he made this threat and that's explicitly prohibited
in the CRS that I just cited.

Speaker 3 (01:36:48):
Well, I could see that a big problem.

Speaker 6 (01:36:50):
After the fact he loses, and then he's like, Okay,
well I a might have lost, but if you don't
pay me, that's obviously not what happened. That's actually the
same thing though with something I mean, just essentially the
same thing, Joe.

Speaker 4 (01:37:01):
Regardless of the timeline, it's still that is extortion according.

Speaker 3 (01:37:05):
To the law, to my reading of the law. Oh yeah,
do you get do you get cases?

Speaker 4 (01:37:12):
Can you think of a case where you've defended someone
for not necessarily this, but extortion in general?

Speaker 12 (01:37:19):
Does that come up a lot, very very infrequently?

Speaker 3 (01:37:24):
Okay, you know, Joe.

Speaker 5 (01:37:26):
Let let's say, Joe, Let's say the police do decide
to press charge or present it to the DA. The
DA decides to press charges, they would have to bring
in the victim, right, the car wash. Yeah, when they
bring in the car wash, would the car wash really
want to be there? Because it sounds like they would
actually have to admit that they really were illegals working

(01:37:47):
in their car wash.

Speaker 3 (01:37:49):
Is that something that would do.

Speaker 12 (01:37:50):
I don't know if that's going to get to the
point of them having to admit.

Speaker 3 (01:37:55):
Joe, Joe, I am so sorry. I want to hear this.

Speaker 4 (01:37:58):
I want to hear this so bad, but I have
to take this break or we run into the news.
If he can hold or we can cal him back,
hold tight, all right, listen, We're getting.

Speaker 3 (01:38:11):
Joe Lazara back up to dive into that a little deeper.

Speaker 4 (01:38:13):
Right after the break, everybody holds tight. Another hour coming
up right here on the Troubleshooter.

Speaker 1 (01:38:20):
Network KRFX HD two Denver KHW, Denver.

Speaker 2 (01:38:38):
This is six thirty KOW Denver's talk station din iHeartRadio.

Speaker 3 (01:38:42):
Station, guaranteed human.

Speaker 2 (01:38:47):
Forty five years strong and solving your problems, answering questions,
taking complaints.

Speaker 3 (01:38:53):
This is the Troubleshooter Show. No Tom Marcino. All right,
welcome to the.

Speaker 4 (01:39:00):
You know, as you know, it's the only show of
us HADR here to solve problems, answer your questions, take
your complaints. We've been talking about a lot today. In fact,
I think we're getting we getting Joe the's Ara back up.
I'm sorry, excellent We're gonna get Joe back up and
finish that conversation basically we had. I'm gonna recap you

(01:39:20):
real quick, but first I got to tell you this.
This hour brought to you by water Yes, Yes, Yes,
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(01:39:40):
rid of the forever plastics, all those forever chemicals. It'll
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Speaker 3 (01:39:50):
Under forty seven hundred bucks. Think about it.

Speaker 4 (01:39:52):
Water is the one thing we all have to have.
You might as well drink good water. Waterpros dot Net.
Pretty simple like that. Oh excellent, excellent. Joe's era. So
I want to recap real quick. I'm going to bring
Joela's era attorney law up with me.

Speaker 3 (01:40:10):
Joe.

Speaker 4 (01:40:10):
We were talking about this case. He basically is facing
trouble for extortion. He threatened to call I N S.

Speaker 3 (01:40:18):
What was it I N S?

Speaker 4 (01:40:19):
Or the irs? Both and and Ice. Basically he threatened
to call Ice. Let's just call it Dad for now.
It's on a car Ice. I still call it by
its old name. I n s Yeah, but I never
I haven't heard I ins mentioned in several years. So
I think it's Ice.

Speaker 3 (01:40:36):
So so Joe.

Speaker 4 (01:40:38):
When it comes to extortion, Uh, I mean, I guess
the bottom line is if you threaten somebody like this
guy allegedly threatened the car wash if they didn't pay
him the money for the damage on his car, he
was going to call ICE on their employees. I mean,
you pretty much think that's extortion at face value.

Speaker 12 (01:40:58):
It seems to me it's the definition. Without knowing more
about the gaze, it sounds that way.

Speaker 3 (01:41:03):
Yeah, it does sound that way.

Speaker 4 (01:41:04):
Hey, I I want to ask you something kind of
off this subject here, and I love when he's on
like this. We've got fourth of July coming up, DUIs,
I didn't realize this.

Speaker 3 (01:41:18):
Tell me, guys, if you realize this, if.

Speaker 4 (01:41:22):
You go, if you're Joe, is this true? If you
go to detox, you're getting a DUI.

Speaker 12 (01:41:28):
Not always generally, once you're arrested, they take you to
detox A lot of times too. Sober you up, and
that way they're not responsible for you. Detox is providing
the care.

Speaker 3 (01:41:38):
And how does that work with detox?

Speaker 4 (01:41:40):
Do they have to keep you there until you're one
hundred percent off all substances? I mean, do they give
you like a breathalyzer every hour? Can they once you're
under the legal limit? Do they cut you loose? Can
someone else come pick you up? How does that work?

Speaker 12 (01:41:56):
I've seen that a lot of different ways, but generally
they want they will not release you until you're sober
you're blowing zeros. But I've seen when I've seen a
couple of people relatively low that are coherent, don't pose
a risk as well as they can get a ride,
they'll release them right away. But more often than not
they keep them until they're sober in the morning.

Speaker 3 (01:42:17):
And then with the with the Department of Motor Vehicle hearing.

Speaker 4 (01:42:22):
So my understanding with the duy, you have two things, right,
So explain the two different things? And why is your
two different things?

Speaker 13 (01:42:31):
Yeah?

Speaker 12 (01:42:31):
So in Colorado you're dealing with DMV, which is your
license issue, license potentially license revocation, and then you're dealing
with criminal case because in Colorado they recognize the license
is not a right, it's a privilege, got it. So
DMV has the ability to revoke your license, to put
conditions on reinstatement, and the criminal courts generally deal with

(01:42:53):
punitive sanctions and their rehabilitation part of it.

Speaker 4 (01:42:56):
So my understanding on the DMV though, at least back
in the day, if you refuse to take a breathalyzer
when you get your Colorado driver's license, you basically agree
that they can revoke it if you do not submit
to some form of drug test.

Speaker 12 (01:43:13):
Right right, You give your express consent to submit to
a blood of bread test if the officer has probable
cost believe that you're duy or.

Speaker 4 (01:43:24):
D And how come we are hearing now? I've heard
stories on the news here in Colorado where they have
to go to a judge and the judge actually has
to give a warrant to take the blood sample.

Speaker 3 (01:43:35):
Why is that if you already agreed to do that,
they can't force.

Speaker 12 (01:43:41):
A blood draw. That's an invasion of your body.

Speaker 3 (01:43:45):
God.

Speaker 12 (01:43:45):
In the southern jurisdictions in Colorado, like South Metro, they
are if you refuse, they'll go get a warrant. The
judge will issued warrant is basically a surge warrant to
obtain a blood sample. They will then obtain a blood sample.

Speaker 3 (01:43:58):
From it, so they literally hold you down and take
your blood.

Speaker 4 (01:44:01):
If it comes to that.

Speaker 12 (01:44:02):
I think there's an argument that they could, but I
have not seen that there. Usually people, once people are
presented with the warrant, they're cooperative, and I've seen situations
where if there's still persistent refusing, they'll just mark it
down as a refusal. They haven't gone to the same
extent of holding people down and forcibly taking the blood draw.

(01:44:26):
I think that's the next step.

Speaker 4 (01:44:28):
Yeah, well, and let me ask you this. If have
you defended in fact, I know you have, but over
your career people that refused it, so there is no
blood evidence, you still have the police officer, I assume
that would testify saying, yes, he was walking and I
smelled alcohol or whatever whatever it looks like. But without

(01:44:51):
having some form of testing that affirmatively they were intoxicated,
what are the chances someone actually get that's off? I mean,
I know every case is different, but if they don't
have blood evidence, what does the trial basically come down to.
That's you convincing the jury that the guy wasn't drunk

(01:45:12):
or the gal wasn't drunk, right, I mean, it's pretty
that straightforward.

Speaker 12 (01:45:16):
Right, Yeah. The most critical piece of evidence in a
dui case is the test. Without a test, it's more
difficult for the prosecution.

Speaker 3 (01:45:24):
Do they usually go forward with them well and what.

Speaker 12 (01:45:28):
They feel that they have what's called the primage the
case basic elements to show that you're effective by alcohol.
This at a degree religated to go forward. So they're
looking at driving behavior, they're looking at in dish, they're
looking at mannerisms, did you do road sides.

Speaker 9 (01:45:44):
Did you not?

Speaker 12 (01:45:45):
And you know today's day and age with the body cams.
A lot of times they just played about bodycams and
bush play and all.

Speaker 4 (01:45:53):
That could be entertaining as hell for some people. We've
all seen those on shows like Cops where it's so
obvious or drunk it's insane.

Speaker 3 (01:46:01):
So you're probably right.

Speaker 4 (01:46:02):
I mean, the body camera has got to be it's
got to be crazy to go back to detox.

Speaker 3 (01:46:08):
So when they're in detox, do they test them?

Speaker 4 (01:46:12):
In other words, if they're testing them to where all
the alcohol is out of their system, then they let
them out. Do they make notes going, uh, you know
they were a point zero five here, at a point
zero one here? Can they use that as evidence?

Speaker 3 (01:46:26):
Have you seen that?

Speaker 12 (01:46:28):
No, that's generally not admissible. Detox is generally using what's
called the portable breadthask got it? Which isn't reliable, it's
not calculated. This is medical in nature. Police aren't even there.
Sometimes the police will write down a BAC in their notes.
That's not admissible and can you use it? Sometimes yes,

(01:46:48):
but generally, you know, we were a patient.

Speaker 4 (01:46:52):
I don't remember if it was you, Dimitri, but someone
told me all cars coming out soon by, like I
don't know. I thought it was within a couple of years.
All cars are going to be able to sense if
basically you're drunk.

Speaker 3 (01:47:05):
And your car will literally not let you drive. Yep.
Isn't that the crazy Joe? How I mean to me?

Speaker 4 (01:47:12):
That is so insane? Who is a car to say?
Like what happens if the person next to me left
the bar with me and I was the DD? I mean, Joe,
if you looked into some of these laws coming up.

Speaker 12 (01:47:25):
I haven't seen that.

Speaker 13 (01:47:25):
I've heard.

Speaker 12 (01:47:26):
You know, as they push to make cars have that
ability to protect people, it'll be interesting as it develops.
And I think you know, as technology develops, it's going
to be out there. It's going to be there in
a few years.

Speaker 4 (01:47:40):
How about with self driving? My understanding was self driving, like,
right now, my car drives me everywhere, but I'm still
in control of it. But next year, with like the
cyber taxis you can buy for thirty five grand, there's
not a steering wheel, there's not a gas pedal. You
really couldn't intervene in the trip if you wanted to.
How do you think it would work. You're in the

(01:48:01):
back seat, the car's driving you home, and let's say
you're drunk as a skunk, but you have no way
of even controlling the car because there's no steering wheel.
How do you think the laws in Colorado are going
to change? If they are going to change, I mean,
I have no idea. What do you see on the
horizon for self driving cars. I can get in a

(01:48:22):
way MoU right now in Atlanta and be drunk as
a skunk and not be in any trouble at all.

Speaker 12 (01:48:29):
Yeah, And I think that's going to be what's pushed
is there's going to be these exceptions long as you
have no control, no way to manipulate the vehicle and
you're in the backseat. I think that's just going to
be You can be drunk. You might be public intoxication,
you know, if you're causing it disturbance. Yeah, But otherwise,
I think that's a big promotion that you know, the
state wants to see happen.

Speaker 3 (01:48:49):
I think so too.

Speaker 4 (01:48:50):
I think it's the safest way to travel. And I'm
not talking just being intoxicated by any means. My car's
got like twenty eight cameras and sensors. It sees stuff
on the high way at high speeds. I'd never see,
like a truck coming over and this happened, and that happen,
and I have no idea how it drives so good.
The last thing I want to ask you if they
people do want to reach out to you, Joe and

(01:49:11):
anybody out there, if you found yourself in trouble with
the law, you're crazy, especially under DUI, not to go
about it on your own. You're crazy to do that.
You want to call up Joe, and Joe explain the
flat rate pricing. How does that work? Because you told
me once that it doesn't matter what the case is,
you do flat rate pricing. And I find that incredible

(01:49:32):
because people know exactly what they're going to be spending
with you, right.

Speaker 12 (01:49:38):
So, depending on the type of case, we always do
flat fee because it's easier. One, so the client knows. Two,
there's no hidden charges. They're not getting built for now
here is postage passes and miscellaneous. Thing is it's certainty,
and I think it helps make things more affordable. Yeah,

(01:49:58):
not only for the clients but for us. And you
know we're not wasting time going building that. You know,
we could devote that time to working with our clients.

Speaker 8 (01:50:06):
Now.

Speaker 4 (01:50:06):
Is there certain times you'll extend like any kind of
payment plans? Is that even a real thing we do?

Speaker 12 (01:50:13):
We always offer payment plans for clients. We usually won't
go too far, but yeah, yeah, making it so people
can afford it, absolutely.

Speaker 3 (01:50:20):
Go ahead, Dimitri, I know you have a question.

Speaker 5 (01:50:22):
Hey, Joe, Let's go back for a second to that
scenario where where if someone refuses to submit to a
blood test, the cops go get a warrant. So then
let's say they present you with a warrant and you
still keep wiggling around because you're afraid of needles or
you're grossed out or something like that, and they give up.
They don't, you know, the person who's going to stick
a needle into you doesn't want to stick it into

(01:50:43):
a wiggling person. Could they could the cops then successfully
charge you with obstruction for that.

Speaker 12 (01:50:51):
I don't know if they would go to obstruction that.
I guess they could really depending on the situation. But
what I've seen is just the market as a refusal
at then the warrant client persisted and refusing you.

Speaker 5 (01:51:04):
And by the way, I don't know if you remember
another famous DUI attorney named Gary Perrosco who used to
practice here.

Speaker 3 (01:51:11):
Do you remember that guy? Yeah?

Speaker 13 (01:51:13):
I know Gary.

Speaker 5 (01:51:13):
Yeah, So he was a good friend of mine before
he died, and he said, we had this conversation a
couple of times, and he said, whatever you do, God
forbid that. I've never been pulled over for DUI or
suspicion of dy But he said, never ever give them
evidence to use against you. Never submit to breath or blood.
I mean, it's fine to lose your license for a
year for refusal, but it's better than getting an actual

(01:51:36):
DUI conviction.

Speaker 3 (01:51:37):
Does that advice still stand?

Speaker 12 (01:51:40):
I think with the search warrants, it's making it more
difficult to simply refuse. But I agree in the basic tent. Now,
everything you do and say is providing evidence against yourself, especially.

Speaker 3 (01:51:54):
If you're in I never realized till Joe. We had
a caller one time.

Speaker 4 (01:51:57):
But like if a cop a year, they pull you
over for whatever, speeding whatever, and they ask you have
you had anything to drink tonight? If you even say
something like well, I had a glass of wine at
the restaurant, one glass, or I guess a lot of
people go I had two beers or whatever it happens
to be, that opens you right up for a search

(01:52:19):
of the vehicle a lot of times, right, Joe, Well.

Speaker 12 (01:52:22):
You know it definitely opens the door to further investigation
or the UI.

Speaker 4 (01:52:26):
It's got absolutely yeah, So you got to I mean,
you're right. You got to watch what you say there.
But Joe, I love when you come on, man, I
appreciate it. With July fourth coming up, if you find
yourself in trouble, I promise, I promise you. This guy
is incredible. Joe, thank you for coming on for that.
Three oh three, four sixty two hundred. This is one

(01:52:49):
of the numbers.

Speaker 3 (01:52:50):
I mean this.

Speaker 4 (01:52:51):
If you're at a place right now where you can
put that in your phone so you have it. You
put in Joela's era three oh three four to two
nine sixty two hundred and it's there if you need it.
Maybe your kid needs it, your wife needs it, your
friend needs it.

Speaker 3 (01:53:06):
Your brother.

Speaker 4 (01:53:07):
You have the number. I hope you don't need it,
but you sure don't want to be in a jail
somewhere googling attorneys near me. Nicole, you're up next.

Speaker 3 (01:53:21):
Welcome back to the Tom Martino Troubleshooter Show. We've got
an open line.

Speaker 5 (01:53:24):
Please give us a call if you have anything you
need to discuss, get off your chest, want to get
some advice. The number is three oh three seven one
three eight two five five. That's seven one three. Talk
in the studio with us. We have Brian Burns from
Compass Insurance and that's really good timing Brian, because we
got Nicole on the line. And here's what we know
about her call. She has issues with both plumbing and insurance.

(01:53:48):
So Nicole, I'm gonna take care of the plumbing questions
and Brian is gonna take care of the insurance questions.

Speaker 3 (01:53:55):
Welcome to the Tom Martino Show. How can we help you?

Speaker 14 (01:53:58):
Hi?

Speaker 3 (01:53:59):
How are you oh good, the good Nicole.

Speaker 13 (01:54:01):
How about yourself, it's been a rough couple of weeks.

Speaker 3 (01:54:05):
Well, it sounds like it. Plumbing and insurance and combinations
sounds like a roof. That's when you have both of those.
So what happened?

Speaker 13 (01:54:15):
So we we own our home in Englewood. We live
in a very old nineteen oh eight home and we're
good homeowners. So we purchased that service line warranty from
Serfcrow and we've had it grover ten years and never
used it. And we had our sewer line back up
when we were using the washing machine and it flooded
our bathroom with gray water, which was better than feces water,

(01:54:38):
but we didn't because we had never used sur pro.
We called another plumber, not knowing. They came out and
cleared the line and camered it and said it's catastrophic.
There's a segment of your line that is offset sdew
to tree roots. It's an old clay stewer line. And
we were like cool, great. So I called serf bro
and they said, oh, sorry, you have to use our contractors.

(01:55:01):
We can't accept that information. So I said, okay, send
Cronin Plumbing over. That's their contractor, and they sent them
over and the guy was super nice. But once the
line had been cleared, they did not They wouldn't they
wouldn't camera, then they wouldn't accept the other company's information.

(01:55:23):
So they basically said, sorry, too bad, we have to
wait for it to back up again. So we had
to stain water damage.

Speaker 15 (01:55:30):
I'm sorry, go ahead, wait a minute.

Speaker 5 (01:55:31):
So so the your own plumber came out and did
that plumber camera the line and determine that there was
catastrophic damage to it?

Speaker 9 (01:55:40):
Yes?

Speaker 13 (01:55:41):
Yes, and we had all the evidence and service line warranties.
Refused to acknowledge it.

Speaker 5 (01:55:47):
But I understand the part where they refuse to acknowledge
somebody else's camera work. But did they give you a
reason why they don't want to send their own camera.

Speaker 13 (01:55:56):
Because the line had been cleared, so at that point
it wasn't backing up anymore. They couldn't recreate the events.

Speaker 3 (01:56:03):
No evidence of a problem, is what they're basically saying.
What about the flood in her house?

Speaker 6 (01:56:09):
They're saying, Hey, that you know, we don't see that.
That is that what you're saying, Nicole?

Speaker 13 (01:56:13):
Yeah, obviously I'm trying to keep a house clean. So
the evidence was gone at that point. I cleaned it
all up and I couldn't recreate it. I tried.

Speaker 12 (01:56:24):
So is the issue that.

Speaker 5 (01:56:25):
They know don't believe you that the backup even happened.
Did you get the house that clean?

Speaker 13 (01:56:31):
Oh? No, it's just the way certif Line works serves
pro They have a policy and if their plumbers don't
witness or correct it, they won't scope it.

Speaker 3 (01:56:45):
I cannot stand these policies.

Speaker 4 (01:56:48):
Just so you know, I know, Oh, I know, and
I didn't know.

Speaker 13 (01:56:51):
Honestly, I would never have done it if I knew
that they treated people like this.

Speaker 6 (01:56:55):
Yeah, there's just so many exclusions and things you have
to follow. If you're going to get service line, which
is smart on an old house like that, I would
just get it. If your insurance company offers it, I
would get it as part as your insurance company because
they don't have these kind of exclusions where you have
to use certain you know, contractors, and.

Speaker 3 (01:57:16):
It's just it's a joke.

Speaker 6 (01:57:18):
So I'm assuming another point to this, Nicole, the water
backup itself. Did you did you get your insurance involved
your homeowners insurance for that?

Speaker 13 (01:57:27):
Well, okay, so there's this is the part that's interesting.
So that I had a water mitigation come out, George Lilia,
and I can't remember his company. He's lovely. He absolutely
have water damage. But he said, if they're not going
to fix it, he said, don't do the work now.
He said, you have to recreate this because all your

(01:57:48):
I'm going to demo your bathroom, fix it, and then
it's going to flood again.

Speaker 3 (01:57:53):
Well, Brian, that sounds unacceptable.

Speaker 5 (01:57:55):
That's Nicole is going to be living under the sort
of suffocles here for god knows how long waiting for
another disgusting sewage backup.

Speaker 3 (01:58:01):
Well, and not to mention, is there mold growing on this?

Speaker 13 (01:58:05):
Yes? Yes, yes, so we we were waiting two months
and it happened last Saturday, Saturday.

Speaker 3 (01:58:13):
This just do you mean it happened again two days ago?

Speaker 5 (01:58:16):
Yeah?

Speaker 13 (01:58:17):
No, no, no, it was a week like the Sunday
before or the Saturday before. Okay, So it backed up
and someone had used the restroom right before the washer emptied,
So there was species that backed up all over my bathroom.

Speaker 3 (01:58:30):
Jeez.

Speaker 16 (01:58:32):
Yeah.

Speaker 13 (01:58:32):
And so I my husband working out of town, so
I had to deal with this all by myself, which
was very stressful, and so I knew what to do.
I called serf grow. They came out and the nice gentleman,
following orders can't cleared my line, and he talked to
me and I said, did you camera? And he goes, sorry, ma'am,
that's not what they told me to do. And I said,

(01:58:53):
you're a very nice person, please leave my property. I'm
very displeased.

Speaker 6 (01:58:58):
So you're saying that you actually thought it happened again
and you followed their protocol and they're still not.

Speaker 3 (01:59:04):
Willing to do it correct.

Speaker 13 (01:59:07):
So I'm serve Pro and I explained how frustrated I was, ma'am.
We have a policy and I won't say the words
on air, but I was not kind, and I hung
up on her on Saturday night, and I must have
gotten through to somebody because Cronan called me Monday morning
with a nice man that came and cameraoned my line.

(01:59:28):
He was their master plumber and he said it's catastrophic.
We have to go in there and replace the whole line. No,
he is, and I said, I so validated.

Speaker 3 (01:59:35):
Thank you.

Speaker 5 (01:59:36):
Now is the guy who told you that? Is he
one of the plumbers that serve Pro contracts with.

Speaker 13 (01:59:42):
Correct. It's always been continuously cronin plumbing. Oh Cronin is
not done me wrong?

Speaker 11 (01:59:49):
Right, They're doing what.

Speaker 13 (01:59:51):
They're supposed to do. They're following the guidelines from surf Pro.
We're all good. So I'm living in the house now,
I've involved my sure company, Niel Drens. I'm i going
to stay online because there's some complications, but that basically, O, hey,
no problem. Now you have to know breath and we're
just waiting for a report from the plumber so you

(02:00:13):
can go into a hotel.

Speaker 5 (02:00:16):
Hey Nicole, Hey Nicole, let's hang on to a second.
We're going to go to a break and then we're
going to try to re establish a connection with you,
because it sounds like you're in a pretty difficult place
for your cell phone to work correctly.

Speaker 3 (02:00:26):
So can you hang out? Can you hang up and
then wait for our call. We'll be right back, Nicole.
Sounds like we got you back on the line with
a better connection. Can you hear us?

Speaker 13 (02:00:41):
Okay, yeah, I can hear you. Can you hear me?

Speaker 3 (02:00:44):
Perfect?

Speaker 5 (02:00:44):
Like there's a fiber optic line stretching between the two
of us. Hey, Nicole, before we went to break, you
said something that I just want to verify. You said
you bought this policy or service agreement whatever. We're still
we're gonna get to the point here in a moment.
But whatever this agreement was, did you you really buy
it from serf Pro? The reason I ask is that
we looked up serf Pro on the internet during the

(02:01:05):
break and they seem to be just the mitigation and
cleanup company.

Speaker 3 (02:01:09):
Did you mean it?

Speaker 13 (02:01:10):
It's Service Line Warranties is a company that sells the
policy I'm not at home?

Speaker 3 (02:01:16):
Okay, So it's called Service Line Warranties. Okay.

Speaker 5 (02:01:20):
So you had this backup, you had some problems because
they didn't want to accept your own plumber's video, and
then they refused to video it, and they said wait
until another disgusting backup damages your house.

Speaker 3 (02:01:32):
You patiently did that.

Speaker 5 (02:01:34):
Sure enough, this happened a few days ago, and this
time you did call the Service line Warranty company and
they sent their own plumber back there who fixed the problem.
He also ultimately videoed the problem and he confirmed that
there's a catastrophic damage or catastrophic failure of your sewer line.
Is that about the correct way to summarize it?

Speaker 3 (02:01:55):
Okay?

Speaker 13 (02:01:56):
Yes, And just I'd like to note that we ended
up paying six hundred dollars out of pocket for that
private plumber, because it's that is important.

Speaker 5 (02:02:06):
But I think it sounds to me like you got
a much bigger problem to take care of first, right.

Speaker 13 (02:02:11):
And then kind of clean up it gets it gets better.

Speaker 5 (02:02:14):
Okay, Well let's hear what went wrong this time, because
it sounds like the service line warranty company, you finally
followed their procedures. You had their plumber come out, their
plumber videotaped your sewer line. Their plumber said, absolutely, it's
catastrophically failed and if you don't do something, you're going
to keep dealing with these disgusting backups.

Speaker 3 (02:02:35):
So then what did you do? And then what happened?

Speaker 13 (02:02:40):
So so they were like okay, cool, like it's going
to happen. So the plumber, like I said, took.

Speaker 16 (02:02:47):
You know, took the.

Speaker 13 (02:02:48):
Report and they were like okay. But you know that
was on Monday, and I'm as Wednesday and I call it.
I'm like, hey, you know, I'm just I'm here stuck
in limbo because the my my homeowners wants documentation. He goes,
you know, there's five people in front of you, ma'am
a lot of people are going through this, and I said,
I totally get it. I'm a small business owner. I understand,

(02:03:09):
but can you please give me a solid like I
really need to go to the hotel. I'm starting to
feel really sick. So now we're dealing with mold and
the secs that my beloved dog and I are inhaling
and I was starting to like not be able to eat,
and I was getting busy, and you know, the homeowners

(02:03:29):
have their hands tied, right They also are just like, look,
we need documentation, So.

Speaker 3 (02:03:35):
I let wait.

Speaker 5 (02:03:37):
Documentation of what of documentations this flood actually happened.

Speaker 13 (02:03:43):
Yeah, so they needed a report from the plumber to
verify that they needed to pay for me to go
to a hotel.

Speaker 3 (02:03:51):
Yes, okay, so.

Speaker 5 (02:03:53):
Are we its ultimately your problem that you try to
you're trying to move into a hotel, or is ultimately
your problem because of service line warranty company is now
coming up with some other set of excuses not to
replace your sewer line.

Speaker 13 (02:04:07):
No, they did it. They did what where it gets
a really upsetting, So they actually came and did the
work on Monday.

Speaker 5 (02:04:14):
But wait, wait, wait, so they fixed they fixed the
sewer line, so that you're not at risk of another
backup anymore, as they actually lived up to the agreement
you had with them.

Speaker 13 (02:04:24):
Cronin showed up yesterday and they fixed the outdoor sewer line. However,
when they did However, when they did the work, you know,
I love my garden. That came back with my dog.
I came to water and I was back in the
backyard and I noticed him eating something and I walk
over there and there's a giant human feces log on

(02:04:45):
the ground that they neglected to clean up. And he
I'm sorry, I'm emotional.

Speaker 5 (02:04:51):
Oh I thought you.

Speaker 7 (02:04:53):
Sorry, and I thought I thought, okay, gross.

Speaker 11 (02:04:56):
Right, fine, but we go to the hotel and he starts,
I take marijuana and for sleep at night, and so
he consumed marijuana.

Speaker 3 (02:05:08):
Oh Nicole, Oh, Nicole, I'm so sorry. How did your
Is your dog gone?

Speaker 5 (02:05:15):
Now?

Speaker 11 (02:05:17):
No, he's okay.

Speaker 13 (02:05:18):
I'm a canine nutritionist, so I was able to support
him with charcoal and fasting, and he's okay. But it
was really scary. He's stumbling and drooling and he urinated
on himself and it was very traumatizing because she's my
best friend.

Speaker 3 (02:05:36):
Nicole. I'm so sorry. Is is your little puppy back
back to normal? Is he okay? Yeah, okay, So for.

Speaker 5 (02:05:45):
Oh, I'm so sorry listen, I mean, well, congratulations. That's
that's probably the best part of your phone call, is
that your puppy is going to be okay. But let's
get back to whatever the issue is. Is there still
an ongoing open problem with both plumbing and insurance.

Speaker 13 (02:06:00):
Yeah, So then I contact the gentleman who is the
manager at Cronan. I contacted him and I said, hey,
I sent him a picture yesterday and I was like, he,
my dog ate this. You left it on my property.
And he was like, oh my gosh, I'm so sorry
that they were not supposed to do that. And I'm like,

(02:06:20):
no problem. Like at that point, I didn't realize it
was a problem. And then this morning I texted him
that my dog was very, very sick, and he did
he read my text that ignored like, he didn't say anything.
And because I'm a business owner, I know he's It's
I think it's called plausible deniability when you don't say
anything assuming.

Speaker 3 (02:06:40):
Yeah, he's not gonna he's not going to admit to something.

Speaker 6 (02:06:43):
I I it's not good, but but what is it
You're trying to get I mean, what is it you're
looking for, Nicole with this? Are you are you saying
that your dog got sick you're looking for for some
kind of compensation for that, or what is it that
you're getting out and.

Speaker 13 (02:06:57):
More and anything. I just wanted to say, like, oh gosh,
I'm so sorry, Like he didn't even tell me they
weren't coming today. They have to jet the line. It's
still not fixed.

Speaker 3 (02:07:08):
Well, I thought they fixed.

Speaker 13 (02:07:10):
Up to be there today. No, they thought I thought
they did. But he informed me that they didn't fix it.
So it's still backed up I think near the alley.
So they were supposed to come jet the line today
and they didn't show up. He didn't communicate that to me.
But they did come on the property and clean up
the feefts and grateful for that. And then they're coming

(02:07:32):
tomorrow to jet the line.

Speaker 3 (02:07:34):
Okay.

Speaker 5 (02:07:35):
So if they jet the line and do so successfully,
will that take care of your plumbing problem?

Speaker 9 (02:07:42):
Yes?

Speaker 13 (02:07:43):
And then then we have the water mitigation specialist who
is going to come move in and start doing the
bathroom demolition, and that they are all waiting for plumbing
to do this, you know, So they're waiting.

Speaker 5 (02:07:56):
For the jetting service to be done so that you're
not at risk of here getting another back up. So, Brian,
is the mitigation like this cleanup in the mitigation? Is
that the responsibility of her homeowner's policy now and it's
no longer the sewer line warranty.

Speaker 6 (02:08:11):
I imagine the service line portion of it is just
the service line. And then she has another claim open.
I'm assuming Nicole, with your homeowner's insurance that's covering the
water backup, which includes the mitigation cut and the water
damage and the loss of use and the hotel loss
of use is what that is? So all that is
one claim, But I'm not hearing, I guess Nicole. I

(02:08:34):
hear that it's been a traumatic event. The whole thing
has been kind of a pain for you. But if
they fix, if they do the process tomorrow to finish
the service line, then the next company's coming in to
actually do the repair work, there's not really an issue
then or is there another problem we're talking about?

Speaker 5 (02:08:55):
And Brian, I think Nicole said that she actually did
go to a hotel because that's where her dog got
into her marijuana.

Speaker 13 (02:09:03):
Oh no, he yeah, I take the marijuana.

Speaker 3 (02:09:09):
Oh, I understand that they left on the property, right,
What does.

Speaker 5 (02:09:13):
She need to tell her homeowner's insurance policy today in
order for them to say, hey, go to the hotel
and let us know what we owe you from.

Speaker 6 (02:09:20):
Well, I'm sure are you already in contact with them
about the fact that you've moved out?

Speaker 13 (02:09:23):
So that Yeah, so this is where it gets better.
So Jason was supposed to email my homeowners so that
they could start documenting it and I can get reiversed
because I moved in on Thursday, and the homeowners person
confirmed with me that he had not received the report
from Jason still to this day.

Speaker 11 (02:09:43):
So I had to call him a.

Speaker 13 (02:09:44):
Fourth time to remind him that he doesn't get texts,
he needs to email this.

Speaker 6 (02:09:50):
Oh, so you're just having a problem with the delay
in them getting you just feeling like you're not getting
great service from your your contractor?

Speaker 3 (02:09:57):
Is that ultimately Wember the plumber.

Speaker 13 (02:10:01):
No, it's the plumber, the wonderful man. His name is
George Lilia. He owns Restoration One. He's actually been the
Angela and.

Speaker 11 (02:10:10):
All of this.

Speaker 13 (02:10:10):
He he's in guiding me on how to take care
of everything, and he's been waiting patiently.

Speaker 5 (02:10:15):
Nicole hang on a second, We're going to take a
break for just a minute or so, and then when
we come back, hang on to the hang on the
line because Brian and I will have some suggestions for
you to get your insurance company to hopefully commit to
paying for your hotel. Because it sounds like that's what
it boils down to. The Tom Martino Radio Show will
be right back. Welcome back to the Tom Martino Troubleshooter

(02:10:39):
Radio Show, Nicole. We are going to we are running
up against the clock. We're going to call you back
tomorrow at ten am sharp. We're going to get you
back on the air because we do have some ideas
to SUGG and also you will have a chance to
interface with your plumber that's coming back to jet your line,
so we'll bring the call up in the meantime. Brian
Burns from Compass Insurance, Brian, how do people get a

(02:11:00):
hold of you?

Speaker 6 (02:11:01):
Yeah, just call our office it's three oh three nine
nine six nine thousand, or you can go to our
website at www dot Quotecompass dot com.

Speaker 5 (02:11:11):
And it sounds like the cool, hot new insurance product
that I've never heard of before until you brought it
up to me.

Speaker 3 (02:11:17):
A couple of months ago SOLA.

Speaker 5 (02:11:19):
Yeah, so this is special insurance just for wind and
hail damage.

Speaker 6 (02:11:25):
We clarify that it does say that, but we clarify
it's really just for hail for here in Colorado, because
it would take a tornado the size that has not
hit Colorado before to qualify for wind. So really we
just tell people this is hail coverage, which is really
the biggest concern here in Colorado.

Speaker 5 (02:11:45):
So not only is it easier to get that's not
only is it easier to get paid out for hail
damage with SOLA, but I assume if you have SOLA,
you can also increase the deductible on your regular homeowners
for roof saving some money on that premium. Tell me
if I'm going the right way, I no, you don't.
Can save some money on your regular homeowners insurance premium,

(02:12:05):
and that makes the SOLA product effectively less less expensive.

Speaker 1 (02:12:10):
Right, Not?

Speaker 6 (02:12:11):
Well, I think it makes it to where, yeah, you're
benefiting some of the cost based off of your homeowners insurance.
A lot of people haven't had the choice of this.
They're being forced to go to higher deductibles and they're
being forced to go to actual cash value on the roof,
and so SOLA can step in and you could purchase
any amount from two thousand up to twenty five thousand.

(02:12:32):
That's the maximum they offer right now, but you can
get anywhere from two thousand to twenty five thousand dollars
a coverage. The benefit of it compared to a homeowner
policy is that making claims does not affect your rate.
You don't get canceled, and it doesn't report to CLUE,
so you're not prohibited in the future like you go
to a new insurance company. It wouldn't show up now

(02:12:53):
if you make the claim on your homeowner's policy, it would.
So a lot of people, let's say they have an
average roof and that would cost twenty thousand dollars to replace,
They'll just get a twenty thousand dollars solar policy and say,
I'm not going to make a claim for hale on
my homeowner policy. This is what this is my remedy.
And so go ahead and raise your windhil deductible to
that higher amount.

Speaker 3 (02:13:13):
And how much does that save?

Speaker 5 (02:13:15):
So if I raise the hail and wind deductible on
say a typical a four thousand square foot home in Littleton.

Speaker 6 (02:13:22):
Yeah, I mean It just so depends on how old
the roof is, but it could save yes seven eight
hundred dollars, and it might not make up the whole cost,
but there's other benefits around it, So thanks Brian.

Speaker 5 (02:13:32):
The Tom Martinez Troubleshooter Show will return in just a minute.

Speaker 12 (02:13:40):
Batam All