The Troubleshooter 11-04-25

Episode Transcript

Speaker 1 (00:00):
Yea ripped up.

Speaker 2 (00:07):
News needs so you don't have come running just as
fast as we can. Shooter's gonna help me.

Speaker 3 (00:18):
Come man, this is the Troubleshooter Show. No Tom Martino.

Speaker 1 (00:24):
I'm Tom Martino.

Speaker 4 (00:27):
Welcome to the show, and I got great news for you,
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(00:48):
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Speaker 1 (00:52):
Martin Election days here. What do you think? Do you think?
Get go out and vote everybody?

Speaker 4 (00:58):
Yeah, get you vote, talk about it how and he
gets your ass out and vote and call us, by
the way, for any problem question you're complaining, just give
us a call.

Speaker 1 (01:05):
Three h three seven one three talk.

Speaker 4 (01:07):
We're both Mark and I are both at the mother Studio,
the Mothership along with Shannon Katschina, and we're here. So now,
if Shannon gives me any guff, I can go and
smack him upside the head.

Speaker 1 (01:20):
Yeah. Generally one of us is in a bunker. Yep, yep,
that's right. We can never be together at the same time,
just in case.

Speaker 4 (01:27):
Just in case, you know, because the intelligence of the U,
of the whole universe, the most of the intelligence in
this room right now. By the way, John Fuller is
our guest today, Fuller Law John Fuller.

Speaker 1 (01:38):
He's the only guy I know that talks you up front.
Just asked to talk to him.

Speaker 4 (01:41):
Some guy texted me the other day said I couldn't
believe it.

Speaker 1 (01:45):
I mean I actually.

Speaker 4 (01:45):
Asked to talk to him, and I talked to him,
and I didn't. I didn't end up hiring him yet,
but I think I will. But he talked to him
and he was amazed because most places have call centers.
They don't even have receptions. They have a call center.
Your name play is data Incident Plays. I mean it's
like it's like, give us the information and then we'll
get back to you. But anyway, that's John Fuller, he's here.

(02:08):
I want to ask some questions first. I want you
to get your calls in on anything. This is the
only show that lets you call about anything. Now, what
I mean by that is consumer problem question, you complain
or you're just bitching about something, even your career, your job.
You need advice if you're starting a business. We love

(02:28):
giving advice. We've helped a lot of people and will
help you. Three oho three seven one three talk seven
one three eight two five five or three oh three
Martino you call twenty four seven three oh three six
two seven eight four six six. So do you think
New York City will hire elect Yeah, that's what I meant,

(02:54):
will elect communists?

Speaker 5 (02:57):
I do.

Speaker 1 (02:57):
I can't imagine it's not gonna happen.

Speaker 4 (02:59):
I was there and on the streets talking to people,
cab drivers, people they love the man, they love them.

Speaker 1 (03:06):
Well, not everybody, but yeah, but people I talk to.

Speaker 4 (03:08):
I mean, I can't tell you the level the level
of in New York City. People are in a whole
different world. I swear to God, they're.

Speaker 1 (03:21):
In a completely different world than us. And I mean not.

Speaker 4 (03:26):
Just politically, just the way they exist their entire life.
It's it's just to get a cup of coffee, I mean,
just to get to work, just to exist.

Speaker 1 (03:36):
They're entire It's almost like.

Speaker 4 (03:40):
Part of the charm of New York is surviving the routine.

Speaker 1 (03:46):
Just surviving the routine.

Speaker 4 (03:47):
And I mean that, you know, getting from here to
there and the more you know. But but what you'll
find with New York I found people have collections of
neighborhoods become their hometown. They don't go outside of those.
They really don't. They don't want to. I salking to
a guy. Now, now listen, I'm talking to a guy

(04:08):
in Midtown. Midtown's right below Central Park. If you look
at the island, it's really two miles wide by about
eight ten miles long, depending on how where you feel
it's viable. It goes all the way up past Harlem
into Yonkers. But here's the bottom line. There's a big
rectangle in the middle Central Park, and right below Central

(04:30):
Park is Midtown. On the left side is the upper
west side, or excuse me, the west side. On the
other side of the east side you have the lower
east side, lower west side, Upper east.

Speaker 1 (04:39):
Side, upper west side.

Speaker 4 (04:40):
So everything's centered around the park. Okay, so I talk
to you a guy in Midtown right below the park
about going to dinner, and he says, God, I'm not
going there. He said, that's on the Upper east Side.
To him, that was a different town. You see, neighborhood.

Speaker 1 (05:00):
It's rule.

Speaker 4 (05:01):
They stick to their neighborhood. They don't really go all
over the island or I'm not going downtown now when
you think about it. When he was talking to me
about that restaurant on the Upper east Side from Midtown,
it is walkable.

Speaker 1 (05:17):
It's walkable.

Speaker 4 (05:18):
Now you got to walk a lot if you want,
but I mean it's walkable. It's not terrible. It's like
if you go to wash Park, it's like less than
it was one time around the park and you're anywhere
almost anywhere. So to him that was like, oh my god,
the Upper east Side, and it was a miracle. By
the way, I noticed, Uber and Lyft don't thrive much

(05:39):
right in the city. The cabs still rule, but cabs
are a lot different than they used to be. They
will turn your ride down if you're not going far enough.
They ask you sometimes where are you going? And I
said so and so and they go no, it's to them,
it's not where the fair to go that far. Some

(06:02):
of them say cash only. Cash only. They won't take
a credit card.

Speaker 6 (06:08):
Boy, you would think they'd learn their less in these
cab yous after Uber and Lyft. Wait too, just the
automation comes and there's you know Weimo Waimo or Elon
Musk's it's gonna be crazy. Well, how are they going
to fight that? They could put in something without a
driver at a three dollars fare.

Speaker 1 (06:27):
Now to be a ball out of there.

Speaker 4 (06:29):
To be a cab driver, each cab has to have
what's called a medallion. It's a medallion of authority. It's
literally a round medallion that you that gets that gets
attached to the hood of the car with an authority number.
The medallion also has paperwork associated with it, obviously, so
you can't just steal a medallion. You have to have,

(06:51):
you know, something to back it up, although people do
steal medallions. But a medallion used to be almost a
million dollars.

Speaker 1 (06:59):
To have a cab, you'd pay a million dollars for
the medallion.

Speaker 4 (07:02):
You put it on whatever car you want, and then
you can have authority to run. And so you'd have
big companies sometimes that own ten medallions or twenty. Then
you'd have individual operators that would be their entire career.

Speaker 1 (07:15):
They'd buy a medallion.

Speaker 4 (07:16):
They'd work their entire career paying it off plus making
a living. The medallions went after Uber and lyft from
a million dollars down to one hundred to two hundred
thousand dollars to get a medallion. Now is only one
to two hundred thousand. It used to be a million.
I'm surprised this to what it is. But again, in

(07:37):
the thick of the city, it is very difficult to
get an uber or a lift to coordinate a pick up.
If you're at a hotel going to the airport, that's
one thing you can do that, or if you're at
an established location like a big restaurant and you're going
to a big hotel. But to just get it for
lifts for here and there or ubers for here and there,

(07:57):
they don't do it. You just go out out and
get your cab. But again, cabs won't take short hops
most of them they want you to have, so that
is there. You end up then walking a lot because
you are a little short. For the cab it's a
little long, but you still have to walk it. But
walking in New York's pretty nice. I mean, we walked

(08:20):
all over New York and it's.

Speaker 6 (08:21):
There, they're out. Migration is ridiculous, man, and people are leaving.
Huh yeah, twenty one, dude, it's like the beginning of
twenty one to almost the end of twenty two. They
lost forty five billion dollars over those two years in
tax income.

Speaker 1 (08:37):
That's incredible.

Speaker 4 (08:38):
Now, businesses, what are they going to do when a
communist what what has this communist.

Speaker 6 (08:44):
Matter say they have been doing? They're going to flee.
They're going to have to get the hell out of there.
What is he going to do? Has he actually mentioned
what his policies will be? Because people love him. He's
going to do free buses, which can't happen because that's
up to the governor. And then there's like five growthree
stores he wants to open. I mean, that's really what
we know about the guy Rent controls. I mean all

(09:05):
sorts of just ridiculous assertions over government control over private
enterprise to the benefit of just But.

Speaker 1 (09:13):
He doesn't have the power to do a lot of that.

Speaker 7 (09:15):
He doesn't. And that's the reality is that they know
that he's not going to be able to implement most
of the things that he's saying. So it's just your
classic you know, your classic what's in it for me?
Free everything? Free, so free, you know, free pizza day,
many pizza day, free everything. But the reality is the
pizza free.

Speaker 4 (09:34):
I was talking to people, said, what do you like
about it? Well, the restaurants are too expensive, they said,
And I said, I mean, I said, well, excuse me,
wait a minute, he said, lunch is well, they say
twenty six, twenty eight dollars just for a small sandwich.
I said, I said, well, how is he going to
affect the restaurants. He's just going to do it. He's
going to control them, going to do it. But but

(09:55):
what scares me is people want government control.

Speaker 1 (10:00):
No, I'm not scared out. Most people didn't. We learn
that the last election.

Speaker 6 (10:04):
Come on, man, every swing state went right, every single one.

Speaker 1 (10:09):
There's there's people out here that do believe that.

Speaker 7 (10:12):
Well, they do not want that. That's that's not a
safe thing.

Speaker 4 (10:15):
Well, the city, the high concentrated cities where people get together,
they are I can say that we could probably have.

Speaker 1 (10:23):
A communist mayor in every major city.

Speaker 4 (10:27):
Well, I think we almost have one. We're definitely a
socialist do yeah. I mean, I think it's going to
be interesting.

Speaker 7 (10:33):
I mean, I mean, this guy My wife was asking
me this morning, what are they going to do if
this guy's elected? And I'm like, nothing, They're going to
let him just do his thing. And and you know,
there's some damned city that can't that can't withstand one
bad term of a of a true communist in there.
But but we've got Seattle and we've got New York
right now that are both basically going down this uber
socialist aka communist path and they're both going to fail miserably.

(10:58):
So I think it's really seeing the people that are
not endorsing this guy in New York. I mean Obama
didn't endorse him, Hakeem Jefferies didn't endorse him. They asked
him straight out yesterday, are you endorsing this guy? And
you got a thousand words of everything, but yes, you know,
it was like, well, I mean, we have a long
history we support him. You know, we have a history

(11:18):
of him.

Speaker 1 (11:19):
He is the actual Democrat. He is a actual Democrat running.

Speaker 7 (11:22):
I mean, whether they like it or not. And that's
that's the problem is they're trying to distance themselves, but
not too far. I mean, they don't want to just
out and out throw the guy out because they're gonna
need him. But they're most of the rest of the
world is painting the Democratic Party with this guy as there,
you know, as their purported leader, you know, and with.

Speaker 4 (11:41):
Three, with three running, they don't have to have over
fifty they don't have to have over fifty percent.

Speaker 7 (11:46):
Absolutely right, Yeah, you're right.

Speaker 1 (11:48):
They have a plurality.

Speaker 6 (11:49):
And look who was running against them though you look
at Quomo. My god, this guy was playing grab ass.
Not long ago, people in nursing homes died during COVID
because of this guy.

Speaker 1 (11:59):
I mean, you could to pick two more crappy people.

Speaker 4 (12:03):
Legend man, No Curtis walk around with that red beret
berat what the heck?

Speaker 1 (12:11):
I mean, wacko man.

Speaker 7 (12:12):
That guy will never get elected by a majority of people, period.
And so you've got every time you have a viable
third party candidate, and I mean viable just in the
sense that they're going to pull ten to fifteen percent,
they're gonna e skew the election overall. The ROSSPUO ross Pero, Yeah, exactly.

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Speaker 1 (13:31):
Hi Tom Martino.

Speaker 4 (13:33):
You can reach us in the studio here at the
Mothership at three oh three seven one three talk three
oh three seven one three eight two five five, or
you can call three oh three Martino three oh three.

Speaker 1 (13:46):
Six two seven eight four sixty six.

Speaker 4 (13:49):
You can also text us and one of the text
lines that comes direct to my cell phone is.

Speaker 1 (13:58):
Seven four seven fifty two eighty seven four seven.

Speaker 4 (14:04):
Nine nine nine fifty two eighty and you'll get right through.
My neighbor built a six foot privacy fence last month,
and it's literally eighteen inches over the property line onto
my yard. My survey pins prove it. He says. Listen,

(14:28):
it's pretty close. It's not doing any harm. I'm not
going to move it. It's blocking my garden and looks awful.

Speaker 1 (14:35):
By the way.

Speaker 4 (14:35):
It doesn't matter if it's blocking your garden looking awful,
if it's over the property line right anyway.

Speaker 1 (14:40):
It says.

Speaker 4 (14:40):
City code says fences must be on your own land.

Speaker 1 (14:44):
In fact, there is a set back.

Speaker 5 (14:48):
Now.

Speaker 4 (14:48):
A setback means it has to be from the property
line onto your property. With a set back. Here's the
problem you have with fence lines. And this is a
problem with a lot of issues where neighbors versus neighbors,
especially when it comes to trees and fences and driveways

(15:13):
and encroachment. And I think my compadres here will agree.
We're talking about a six foot privacy fence eighteen inches
encroaching onto his property.

Speaker 1 (15:25):
Just put up. The neighbor says, look, I'm not going
to move it.

Speaker 4 (15:27):
There's a setback by the county, and not only is
it encroaching, but it doesn't meet the setback requirements and
he wants to know what he can do. Well, here's
the problem. There is no agency you can call. And again,
this is a problem with most neighbor versus neighbor issues,

(15:48):
most of them, no matter what it is, unless it's
really breaking a law like drugs or alcohol or public
intoxication stuff like that. But if we're talking about a
fence law, you're not going to get any agency, not
one to come out and order them to move the fence.

(16:08):
In order to actually get them to move the fence,
you're gonna have to take them the court or negotiate
something first and foremost, you say it's on your property,
you have to verify that, which means that you have
to get a survey of your.

Speaker 1 (16:23):
Own, you know, or if you already have one.

Speaker 4 (16:27):
But yeah, yeah, that's right, if you already have one,
you still have to verify the fence line with the
existing survey, which means you have someone come out and
actually pin where the fence is encroaching in some major
pain in the ass, but you have to do it.

Speaker 6 (16:43):
And ultimately, if they're not going to do anything. The
sad part is you do have to file a lawsuit.
I know it's going to be pretty costly.

Speaker 1 (16:51):
And here's the deal. I think a lot of neighbors
know that.

Speaker 6 (16:54):
So now unless if something like a tree accidentally falls
on it where accidentally it gets burned down in the middle.

Speaker 1 (17:02):
Of the night or something.

Speaker 4 (17:03):
Oh god, We're not telling you to do anything, folks.

Speaker 1 (17:06):
Just wow.

Speaker 6 (17:07):
I'm just saying if something happened along those lines, that's
right now.

Speaker 4 (17:11):
So the privacy fense encroaching Okay, verify fence line number one.
When you find it is encroaching, you may want to
call the building department or zoning and they may issue
some kind of a warning, which sometimes would be enough.
But if this guy is just saying no, make me
move it, you may have to do it now. The

(17:33):
good news is you could possibly after showing with a
survey and the building department or zoning writing a letter,
you may be able to recover costs for your lawsuit
if in fact they make you go to court. John,
are courts reluctant to do that? John Fuller is our
league expert today. Are court's reluctant to do that? When

(17:56):
it comes to neighbor versus neighbor or any kind of
a lawsuit. You know, people always say, who's who's going
to pay my legal fees?

Speaker 7 (18:02):
Yeah, I mean, legal fees almost never get assessed against
the other side. Unless there's a statutory you know, provision
that allows for it or particularly compels it, then you
can get fees. But otherwise we have something called the
American rule, which is generally that each side pays their
own fees and cost.

Speaker 1 (18:19):
And even if even if they are just blatantly making
me take them to court.

Speaker 7 (18:25):
Even yeah, even if they're blatantly making you take them
to court. Again, unless there's a statutory provision that says
and the court shall award fees to the prevailing party,
then it's not part of the discretionary And if it's discretionary,
most of the time the judges are not going to
really exercise that discretion to award fees unless there's really

(18:47):
bad faith on one party or the other.

Speaker 4 (18:48):
And by the way, when it comes to attorney's fees,
let me explain something through my many many years in
the past of litigating and having people sue me. And
by the way, just as a side note, I've prevailed
in every single case.

Speaker 1 (19:03):
But let me explain something.

Speaker 4 (19:04):
We did have some suits where there were attorney's fees
by statute because the big giant firm that was suing me,
it was determined to be.

Speaker 1 (19:17):
A slap lawsuit.

Speaker 4 (19:21):
And that a slap lawsuit means you're punishing somebody with
a lawsuit.

Speaker 1 (19:25):
That's what it means in essence. Okay, it means that
you are.

Speaker 7 (19:30):
It stands for I'm gonna say, strategic lawsuit against what's
the public?

Speaker 1 (19:36):
A public yes, something, a public something.

Speaker 4 (19:40):
It's a yeah, look it up, strategic lawsuit against public
interest or something. Anyway, you just you well, public strategic
lawsuit against public participation. Yes. So what they're saying is
is that they are punishing you. What they do is, okay,
you're gonna do this, We're gonna do that. And so

(20:01):
they grant attorneys fees if you can prove that.

Speaker 1 (20:05):
I proved it.

Speaker 4 (20:06):
But let me explain something about attorney fee provisions that
will surprise you. It's not what your attorney's fees are.
They don't just pay your attorneys fee reasonable. It's what
the judge says they should reimburse you. So the judge says,
I am granting attorney's fees in the amount of the

(20:27):
judge doesn't care what you're build.

Speaker 6 (20:28):
Is there ever attorney's fees in personal injury paid by
the paid by the winner, if you will, or I'm sorry,
by the loser.

Speaker 7 (20:37):
Almost never, I'm trying to think of you know, I
take it back. You know, in every lawsuit, we have
something called rule eleven, and we have certain obligations on
the other side to participate in discovery and good faith
and stuff. If a party doesn't abide by the rules
and they make you go to court and get the
judge to intervene and compel certain disclosures and stuff, and

(21:00):
you've gone through all the steps of trying and asking
nasally and stuff, then the court will imposet fees against that.

Speaker 1 (21:06):
Yes, for personal injury or is that for for all litigation?
For all of it? So that's a civil rule.

Speaker 6 (21:11):
So will Levin is basically, if you're not playing by
the rules rule and the other team, the other team
has to go to the judge.

Speaker 1 (21:18):
The judge might say, hey, you gotta.

Speaker 4 (21:20):
Hey, hey, Tabitha, what's going on with you?

Speaker 1 (21:22):
Tabitha? Are you there? Tabitha, Yeah, I'm here. Can you
hear me, Yes, I ken, what's going on with you?

Speaker 8 (21:33):
Well, I have a twenty twenty three Chevy Malibu with
fifty seven thousand, five twenty five on it. Yeah, that's
under the sixty thousand mile powertrain warranty. And I had
it diagnosed and they said that it needs injectors and
I have a list of engine problems.

Speaker 1 (21:52):
I don't know if that's part of the power training
is it? I don't know.

Speaker 6 (21:55):
If I don't know, that's a Kevin cokin. Are they
denying it saying it's not part of the power train.

Speaker 8 (22:01):
Yeah, they're saying that falls under the thirty six thousand.

Speaker 9 (22:04):
Mile bumper to bumper.

Speaker 1 (22:05):
Yeah that makes sense.

Speaker 9 (22:07):
Oh yeah, I.

Speaker 8 (22:09):
Have I have the Chevrolet picture what it shows online
on Chevrolet Chevrolet dot com, and then I have the
diagnosis side by side next.

Speaker 5 (22:19):
To each other.

Speaker 4 (22:22):
Okay, I don't like I said, I don't believe. I
don't believe it's going to be covered under your powertrain
because they have because they have normal warranties and then
they have the powertrain. But we can ask our guy,
but but tell me what, so what are they saying
to you?

Speaker 1 (22:40):
What are are they saying?

Speaker 5 (22:41):
No?

Speaker 6 (22:42):
Basically, generally, the powertrain is going to be the engine
and the transmission, and then if it has.

Speaker 1 (22:48):
A turbo other than that, I don't know what else
would be covered.

Speaker 6 (22:52):
Maybe a transfer case, but that's once again that's basically
part of the transmission.

Speaker 4 (22:58):
So okay, so what did they tell you? What did
they tell you?

Speaker 8 (23:05):
So the diagnosis shows still injector times one, all injector fills,
high pressure fuel line, injector bolts times eight technician, and
then there's three engine codes and then found cylinder three
did miss fire?

Speaker 4 (23:19):
Okay, Now, did you have a regular warranty with this?

Speaker 1 (23:24):
A regular warranty?

Speaker 8 (23:26):
No, it's under just the manufacturers one at this point.

Speaker 4 (23:31):
Well, the manufacturer's warranty. There were When it came from
the factory, it had probably a three year, thirty six
thousand mile warranty, and then it had an extended powertrain warranty.

Speaker 1 (23:42):
I believe what year is it? Twenty three?

Speaker 8 (23:47):
Twenty three?

Speaker 4 (23:49):
Yeah, well, hold on a second, I want to call
it's not we're going to get Kevin on but it's
not going to be covered.

Speaker 1 (23:54):
That's evident.

Speaker 6 (23:55):
They already told you that the dealership would have no
reason to turn it down. They'd end up getting paid
from the manufacturer for the work, but the pricing I
BET's way off. I what did they quote you to
have all this stuff fixed? And who knows if it
needs all that stuff. I definitely get a second opinion.
Since you're coming out of pocket.

Speaker 8 (24:14):
One thousand, eight hundred and seventy nine dollars and some change.

Speaker 1 (24:18):
I think, how ask have you and how long have
you owned it?

Speaker 5 (24:20):
By the way, a few months.

Speaker 8 (24:23):
I just bought it in July.

Speaker 5 (24:24):
I bought it.

Speaker 8 (24:25):
I drove it off the lot with thirty four seven twenty.

Speaker 4 (24:28):
Seven seven, thirty four thousands. Okay, so it was still
under the thirty six thousand miles.

Speaker 1 (24:35):
No, no, because it expired.

Speaker 4 (24:37):
Well no, no, it was still under a normal factory
warranty at that time.

Speaker 1 (24:40):
It expired.

Speaker 4 (24:41):
When she bought it, it was thirty four thousand.

Speaker 1 (24:44):
Miles on it. Yeah, isn't it? Oh?

Speaker 4 (24:46):
She said, thirty six thousand. Yeah, you're right, So thirty
six thousand miles. So hold on a second. Let's hey,
let's get Kevin Calkin on Kachina. See we can. I'm
going to put you on hold for a minute. Here,
we'll see what we can do. Joe's got a com
on the fence issue, because this neighbor is going to
have to go to court unfortunately, and and it's pretty clear,

(25:07):
well we don't know yet.

Speaker 1 (25:08):
He didn't have the survey a check.

Speaker 4 (25:12):
But if he does and finds out that the fence
is encroaching again, there's not going to be an automatic
you move it.

Speaker 1 (25:20):
Joe, what's your comment on this.

Speaker 10 (25:22):
Well, I have yes. If he doesn't do anything after
so many years, that will be deemed the neighbor's property
at fence from and the land under it.

Speaker 1 (25:35):
Well, that's going to be a mini many years.

Speaker 4 (25:36):
It's called adverse possession, and adverse possession means that you
a situation existed adversely in the open.

Speaker 1 (25:46):
And then one way to do away.

Speaker 4 (25:49):
With adverse possession is and I did it once years ago,
is you give permission to the person to temporarily use
it while the issue is being litigated or being negotiated.
So you temporarily give access, and you are saying I
reserve the right to rescind this acset this access at

(26:11):
any time, so it's no longer adverse. It's really clever,
it's really clever. But thank you for bringing that up,
because you're absolutely right.

Speaker 1 (26:20):
That does come up. I got to take this break.

Speaker 4 (26:22):
Then when we come back, we'll talk to Kevin Colkin
and talk about this possibility of you know of this
extended not theing sent the drive train warranty and exactly
what it means. Compass Insurance Group free insurance checkups and
it's truly an objective look at your insurance three oh.

Speaker 1 (26:41):
Three nine nine six nine thousand.

Speaker 4 (26:46):
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seven to one help. You'll think you're his only customer

(27:08):
when you choose Frank durand the real estate Man dot
com to list your home with Remax Alliance three all
three nine two zero sixteen twenty two. Hey Tom Martino
here with Major Mark Major Yes, and we're here to
help you. By the way, K and H Home Solutions

(27:30):
we love announcing their painting pros. People love them. Of
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what you're looking for now, including painting kh windows dot com. Okay, Joe,
you have more fence comments.

Speaker 1 (27:43):
Go ahead? What are you?

Speaker 11 (27:45):
Uh?

Speaker 1 (27:46):
Go ahead, Joe.

Speaker 10 (27:47):
I'm the same Joe. And I just think if that
guy likes the fans, why couldn't he write a letter
to the neighbors saying thank you for dotting offense to me.
And since it is on my property, I'm now the
owner of it.

Speaker 4 (27:58):
Well, you can't claim ownership. People have tried that, by
the way, people have tried that before.

Speaker 1 (28:03):
That's not gonna work.

Speaker 4 (28:04):
Another thing that won't work, by the way, is you
can't take action on your own destroy eating something if
it won what apps If defence is impeding where he
wants to park his car on his property.

Speaker 1 (28:18):
You know that's a good point.

Speaker 4 (28:20):
He's going to have to still take steps to have
it removed. You're not allowed to do what's called self help,
which is knock it down. Basically, you just can't do it.

Speaker 1 (28:32):
Well, wouldn't that just shift the ball another word? Oh,
make him come after you. He'd have to come after
me from knocking you down. You're absolutely right.

Speaker 4 (28:41):
I wonder though, John, in that case, if a neighbor
puts up a fence and you knock it down. Could
that be considered more the big party it's on your property. Yeah,
but if you knock it down. I wonder if a
police officer would say, oh wait, it's a civil matter,
or would they call it vandalism?

Speaker 1 (28:56):
Where's that line again?

Speaker 12 (28:57):
Though?

Speaker 6 (28:58):
If I come over and just start building a fence
on your property, like directly behind your patio, forget about
eighteen inches. I build a fence around your house one
inch from the house, I mean, can I tear it down?

Speaker 1 (29:13):
Well, that's where reasonableness comes.

Speaker 7 (29:14):
There's no way that the cops are not going to
say that's a civil.

Speaker 1 (29:17):
Matter and they're not going to arrest them for you. No,
of course not.

Speaker 4 (29:22):
I mean, can you imagine if I built a fence
around your dog in the backyard of your property.

Speaker 1 (29:27):
You're saying I couldn't tear that fence down.

Speaker 7 (29:30):
I'm saying, go for it. You just won't get arrested
for doing it. The couple will encourage me to take civil.

Speaker 1 (29:36):
Kevin Caulkin, I want to bring you up real quick here.

Speaker 4 (29:39):
So, Kevin, what isn't what is included in a drive
train warranty that because drive trained warranties usually go longer
than normal warranties. So she bought a Malibu, right it
was at the time she bought it, and I'll bring
her up.

Speaker 1 (29:55):
It's a Tapa Tabitha. She already had the.

Speaker 4 (29:58):
Factory warranty of thirty four until thirty six thousand miles.

Speaker 1 (30:03):
Then it expired.

Speaker 4 (30:04):
But she still now has what's called a drivetrain warranty
and Tabitha under the drive traine warranty.

Speaker 1 (30:10):
Without getting into too much.

Speaker 4 (30:11):
Detail, what were the the items that they would not
fix and you thought they should fall under the drive
train warranty?

Speaker 1 (30:17):
What were they? In general?

Speaker 8 (30:18):
Were they injectors, injector sales, high pressure fuel line? Yeah,
injector bolt time pay.

Speaker 4 (30:28):
Basically all of the injectors and the fuel lines and
the high pressure stuff. Kevin, is that considered part of
the drive train because it's part of the engine.

Speaker 12 (30:37):
Not necessarily unless it's you know, specifically included. Typically the
drive train after the factoring warrantines over is internally lubricated parts.
So internals of the engine are transmission is there.

Speaker 4 (30:52):
And by the way, by the way, wouldn't that be
spelled out somewhere in a document.

Speaker 5 (30:58):
Well one way or the other.

Speaker 12 (31:00):
It may not it may not put everything including you know,
in other words, it won't say it does not cover
alternat or it does not cover, this does not cover
they're listed as internally lubricated parts. Is the typical verbiage
that you will see.

Speaker 4 (31:15):
Okay, so internal and so obviously an injector or the
fuel rails and the fuel all of that that's not
internally lubricating. Give me, give me things that you would
say are solidly covered, solidly covered by drive.

Speaker 12 (31:33):
Train well internals like lifters, camshafts, crank shafts, tiftons or
internal parts of the transmission, you know, for failure, not
for wear out.

Speaker 13 (31:44):
Uh.

Speaker 12 (31:44):
And also there are going to be exclusions for maintenance.
You know, Mark and I talked about this last week.
We're running into a lot of people not doing oil
changes and getting denied flat no to extended warranties.

Speaker 1 (31:57):
Now, by the.

Speaker 4 (31:57):
Way, by the way, I asked, I asked AI, what
is typically included? They said, transmission, drive shaft, axles, differential.

Speaker 1 (32:06):
Clutch, turbo.

Speaker 4 (32:07):
If there is one things that things that are internally
lubricated that directly make the car move. They are saying
literally through gearing and belts and stuff make it move. So, Tabitha,
you don't have the industry on your side as far
as getting those things covered.

Speaker 1 (32:26):
You get that.

Speaker 6 (32:27):
Yeah, and hey, how much she got a quote of
like eighteen hundred bucks for what she read.

Speaker 1 (32:33):
What do you think is that reasonable? Kevin?

Speaker 12 (32:36):
There's a little on the high side, but it's not
out of line, you.

Speaker 1 (32:38):
Know, Tabitha.

Speaker 4 (32:40):
Did I have your car torn apart or anything?

Speaker 1 (32:42):
Right now?

Speaker 13 (32:44):
I'm not sure.

Speaker 8 (32:45):
I haven't communicated with them. I'm kind of scared.

Speaker 1 (32:48):
I get I get it over to Kevin for a second.

Speaker 4 (32:51):
I would get it over to share it in auto
tech on Colfax West.

Speaker 1 (32:54):
Did you drive it in?

Speaker 9 (32:57):
No, it would be toad in the Springs.

Speaker 1 (33:00):
Wow, that got there for We got to take this break.

Speaker 4 (33:03):
Honest, accurate, go with a sure thing Denver's Best roofer
Excel roofing dot com. You don't pay a cent until
you're content. Time for an insurance check up free, no obligation.
In comparison, call Compass Insurance paying too much your coverage
at dozens of insurance companies find out now three oh three,

(33:25):
seven seven to one help.

Speaker 1 (33:26):
You'll think you're his only customer.

Speaker 4 (33:28):
When you choose Frank durand the real estate man dot
com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two. Hi Tom Martino,
your troubleshooter three O three seven one three talk three
oh three seven one three eight two five five.

Speaker 1 (33:50):
So we've learned that.

Speaker 4 (33:53):
Basically, drive train warranties do not cover uh, just anything
on the engine, no accessories and most parts. The only
thing covered are the internally lubricated parts that are directly
responsible for the drive train. That's gearing and transmission and

(34:16):
drive train, you know, the actual drive train.

Speaker 1 (34:20):
So that's something.

Speaker 4 (34:21):
Now on this fence getting a lot of reactions. Somebody
is saying, Tom, can he take in the small claims court?
But you can't go to small claims court and have
a move a fence. Small claims court is only for
an amount of money. So if it would cost him
if he got a bid on moving the fence to

(34:42):
the proper location, could he sue for that amount?

Speaker 1 (34:46):
That might be something, John, what do you think.

Speaker 7 (34:48):
Well, he can get an estimate for that, but then
that's him undertaking to move the fence. I wouldn't want
to I wouldn't want to move the neighbor's fence. I
would want to make the neighbor do it, and that's
your problem.

Speaker 1 (34:58):
You know that's exactly right.

Speaker 4 (35:00):
So we have more coming up on The Troubleshooter Show
three oh three seven one three Talk Cherio three seven
one three eight two five five Go with a sure
thing Denver's best roofer Excel Roofing dot com.

Speaker 1 (35:12):
You don't pay a cent until you're content.

Speaker 4 (35:17):
Time for an insurance check up free, no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three oh three seven
seven to one help. You'll think you're his only customer
when you choose Frank durand the real estate Man dot
com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two.

Speaker 5 (35:43):
Ripped of.

Speaker 1 (35:45):
Need so you don't have runnios.

Speaker 9 (35:51):
As fast as we can.

Speaker 2 (35:54):
Shooter's gonna help come.

Speaker 3 (35:57):
This is the Troubleshooter Show. No Tom Martino. Hey, I'm
Tom Martino. Welcome to the show.

Speaker 4 (36:06):
We are here to help you solve problems, answer questions
taking place, make your life a little easier. The guaranteed
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Renew home Innovations dot Com. They will guarantee you the
lowest price renew home Innovations dot Com.

Speaker 1 (36:23):
Give them a call and put them to the test.

Speaker 4 (36:26):
Three oh three nine zero four two thousand, three oh
three nine zero four to two thousand renew home Innovations
dot Com. Okay, so we have another question from email,
and this one is UH from out of state. They
bought an air frier. Now, this is the hottest thing

(36:46):
I ever heard at a megastore and it was forty
five days ago.

Speaker 1 (36:52):
They used it three times.

Speaker 4 (36:54):
It caught fire and they were able to put it out,
but it destroyed the unit to where they they can't
identify the unit.

Speaker 1 (37:03):
They lost their receipt.

Speaker 4 (37:05):
The store says, We're not going to take a hunk
of plastic and metal and pay you for it. You
know you said you paid two ninety nine for it.
You don't have a receipt, you don't have proof of payment.
You don't even have something to return to us that
we can identify it literally?

Speaker 1 (37:25):
Is that bad?

Speaker 4 (37:26):
Store manager says there are no exceptions. We need something
to look at. What do you think, John, that's weird?
I mean now, I think a store worth its weight
would say, you know what this vaguely. They got to
be able to say they know, damn well, they're gonna

(37:46):
get their money back.

Speaker 1 (37:48):
You mean the store.

Speaker 7 (37:50):
You literally have no ability to prove that you bought
the thing for three hundred bucks you paid for you
pay cash for that.

Speaker 1 (37:57):
Well, I don't know. Actually that's means listen.

Speaker 7 (38:00):
I just went through the very first like purchase protection
on a credit card that I've ever done.

Speaker 1 (38:07):
What is that? How did that work for you?

Speaker 7 (38:09):
It was the hardest claim that I've ever made in
my life, and I make claims every day professionally.

Speaker 1 (38:16):
I never used it. How does it work? It purchased?

Speaker 7 (38:20):
It's just an insurance company, is all it is. And
so they have a process.

Speaker 1 (38:25):
Now we all have that on a state. Which one
was it?

Speaker 11 (38:28):
No?

Speaker 7 (38:28):
It was it was through a Chase card and it
was like Virginia Surety or something like that.

Speaker 1 (38:34):
Did you buy.

Speaker 7 (38:36):
A computer for my mountain bike? Okay, ride computer?

Speaker 1 (38:40):
And then you couldn't just take it back?

Speaker 7 (38:42):
Well, I crashed on my mountain bike and I killed
it bad.

Speaker 4 (38:45):
Okay, you killed it?

Speaker 7 (38:48):
It was it was no more, no no computer. Okay,
it was dead and.

Speaker 1 (38:54):
Ev bike.

Speaker 7 (38:56):
It's old fashioned, old school John powered bike. Okay. So anyway,
you know, listen, I understand they have guidelines. It's like
I crashed, okay, and so they're like, whoa, if it's
a crash, we're going to need a police report, we're
gonna need the other guy's insurance, we're gonna need blah
blah blah. And it's like, no, no, no, no, no, I
crashed on the side of a mountain my bicycle. It

(39:16):
was all my fault. I'm the one that crashed the motor.
There's no police It was almost flight for life.

Speaker 1 (39:23):
But that was you know, a most just protection covers
that it.

Speaker 7 (39:27):
Yeah, it did and it but it took it paid
for it. It took nine weeks of me sending them
crap pictures, descriptions, explanations. No, you're not going to have
a police report, not now, not ever, And every time
that they would send me a new letter and say
we really need a police report, and I would send
them a letter back, going how many times do I

(39:48):
have to tell you you're not going to get a
freaking police report. This was not an accident that involved
the police. This was me crashing off of a mountain
into a big rock.

Speaker 1 (39:58):
Did you get heard?

Speaker 7 (39:59):
Yes, but I'm good.

Speaker 1 (40:00):
How long ago?

Speaker 7 (40:01):
Was that a couple of months now? Okay, yeah, I
broke a rib really wow? Yeah it was love what
the doctor say? Okay, you broke a run. I didn't
even go to the doctor. Yeah, it's all good, you know,
I mean, it's it's Yes, they finally paid, but it
was a miserable process. So I'm I sent. I mean,

(40:22):
I understand what this caller is saying. It's a pain
in the butt, but the burden of proof is on you,
and you have to kind of look at it from
the store's perspective. We don't know what that is. It's
a burned up piece of stuff, you know, exactly what
is it? Where to come from? When'd you buy it?
Certainly you have some ability to prove that some way, somehow.
Did you buy anything else that day? If you use

(40:43):
the credit card, your gold, you can always pull up
old transactions, right.

Speaker 1 (40:47):
But yeah, if you're one of the very.

Speaker 7 (40:48):
Few people in this world that took cash in and
bought one item that day and have no ability to
prove it, you're probably hosed.

Speaker 6 (40:56):
Yeah, But even if they did ever receipt walking back
into this door with melted plastic. That brings up a
whole different issue, like a big deal. You prove that
you bought it, now prove that that's what you bought.

Speaker 7 (41:09):
But think about Costco. You go in and say something
cool that they have one time, and then two weeks
later when you go back, it's gone.

Speaker 1 (41:16):
That's the thing about Costco forever. I know it in fact.

Speaker 4 (41:20):
Yeah, but that rehisses me off about can still return
the one you want?

Speaker 7 (41:24):
But not if they couldn't identify it. You're like, well,
you guys had it. It was right on the road three
and they're like, we don't have that product. Yeah, yeah,
you know.

Speaker 6 (41:32):
So Costco though, pulls it up by membership card. They
know what you bought. Actually, And I've had hold on.
I've had two claims on my AMX. One of them
I rented a car in Fort Worth and I was
backing out and man, I hit a guardrail and just
put a slice down that passenger side. It had to

(41:53):
be fifteen twenty thousand in damage.

Speaker 1 (41:56):
Really, Oh it was horrible, sure enough.

Speaker 6 (41:59):
It took like maybe a month or so, but they
got paid one hundred percent from AMEX. No, I didn't
buy any insurance on the car, paid the entire your insurance.
Never had to do my insurance, never had to do anything.
What's weird is when you do those on credit cards.
You guys might not know this.

Speaker 4 (42:18):
I'd never use my credit card insurance. Well, I never
had to use a plain. But if you don't.

Speaker 6 (42:23):
If you buy their insurance, like if you go to
hurt right and you buy their insurance loss, then your
credit card insurance will not work.

Speaker 4 (42:31):
You have to decline that coverage. What about your own
primary insurance? They don't require that your own car insurance
go first.

Speaker 6 (42:40):
No, not on that, not on that for liability of course,
But if you had not selected that coverage, I think
your primary auto insurance would have covered. They definitely would
have with that, and then my insurance would have went
up in everything else.

Speaker 1 (42:53):
Mark, did you have a deductible at all?

Speaker 5 (42:55):
No?

Speaker 6 (42:55):
Nothing, I'm telling you. What would a check for the
whole thing directly to hurts?

Speaker 1 (43:01):
I believe it was. What was the process you contacted MX? Yeah?

Speaker 6 (43:05):
I called up AMEX and basically they said, yep, you
did it. Let's make sure you paid for everything on there,
not just the reservation boat.

Speaker 1 (43:13):
When you showed up you paid for everything. Oh, you
have to use that card obviously, Yeah, right.

Speaker 6 (43:18):
For everything, for everything, And sure enough I did everything
right and not even knowing, I mean honestly, not even
knowing the coverage was there. But the second one was
on this phone once again, AMX. This was more like
the one you were talking about. I dropped it to
screen broke and they wanted five hundred bucks for this screen.
And I looked up and I said, I think if

(43:39):
I paid you pay.

Speaker 4 (43:41):
A monthly bill with that AMX card, it covers this.
And it did fifty dollars deductible.

Speaker 1 (43:48):
And I brought it.

Speaker 6 (43:48):
Up to you fix it or we fix it, you
break it, whatever it is, and sent the receipt over.
I paid them on the AMEX card, which you have
to do, and about a month later I got a
credit for four hundred and fifty bucks.

Speaker 1 (44:02):
Wow.

Speaker 6 (44:03):
So, so as long as you're I had to jump
through hoops like he was saying.

Speaker 4 (44:07):
As long as you're paying with the car, you get
the card benefits.

Speaker 6 (44:10):
Listen, I want to bring this up real quick, since
I'm talking AMEX. There are certain things with the AMEX
Platinum that are unbelievable.

Speaker 1 (44:18):
Suzanne gets listen to this for that card.

Speaker 6 (44:21):
Yeah, but Suzanne Getz once a quarter, once a quarter,
a seventy five or one hundred dollars instant credit to
Lulu Lemon, so she buys something to work out in.
As soon as they see it on there, they credit
it six hundred dollars. In hotels automatically credited three hundred
dollars on hundred, six hundred quarter a year, six hundred

(44:44):
a year, okay, yeah, six hundred a year, and two
or three hundred on the airlines for anything. I mean
you pick one airline and if you buy a cocktail
or if you got to pay for a bag, whatever,
up to two hundred dollars. And then the one we
discovered last night. Last night, we add a nice restaurant
in Castle Rock. It's a Mexican restaurant. It's really expensive

(45:07):
for a Mexican restaurant.

Speaker 4 (45:08):
You had to pay for it with the card you
paid for it on the MX and we get through.

Speaker 6 (45:12):
It's called Remy or Ramsey, which is like a almost
like open table. Once a quarter we get one hundred
dollars to spend at a Remy or Ramsey restaurant, which
is amazing.

Speaker 1 (45:25):
So yes, to go back to your pole. Almighty? How
much can they be making you.

Speaker 6 (45:29):
Pay seven hundred bucks a year for the card? But
if you travel a lot, you know, the airline and
hotel credits and stuff, and if you go out to
eat a lot, like I just told you, and then
if you ever have to use the car insurance or
the cell phone insurance, it more than pays for itself
by far.

Speaker 1 (45:47):
Now is this an American Spress card.

Speaker 4 (45:49):
It's got to be the Platinum or the black right is?
And are those the ones you have to pay off
every month?

Speaker 5 (45:55):
Right?

Speaker 1 (45:55):
You can't carry a balance? Yeah, you can't. You know
what they do.

Speaker 6 (45:58):
They send you offers all the time, like when I
pay for my advertising.

Speaker 4 (46:02):
So they make their money totally on the yearly amount,
the fees.

Speaker 7 (46:06):
Their fees.

Speaker 4 (46:08):
Yeah, and you got to have a feed the merchant right,
and the merchant fees. Not only the merchant fees, but
us paying. A lot of people aren't going to benefit
from everything I just said.

Speaker 1 (46:18):
Think about that. A lot of people simply don't travel. Yeah,
So it's the yearly fee and the merchant fees.

Speaker 6 (46:24):
And then when you first sign up, they generally give
you two hundred thousand miles. That two hundred thousand miles
is two thousand dollars.

Speaker 4 (46:32):
Yeah, I guess in certain circumstances, if you do the math,
it works.

Speaker 1 (46:37):
I mean that's what.

Speaker 6 (46:38):
You do, which you said a chase. Do you have
all those kind of benefits through years too? Because your
biggest card, you've told me it's your Southwest.

Speaker 1 (46:46):
You got like a kazillion fut I do.

Speaker 7 (46:49):
And I will have a total of forty seven flights
this year.

Speaker 1 (46:52):
Could you believe that? And I don't wait a minute
that they get paid four by.

Speaker 7 (46:56):
That I may be paid for four of them.

Speaker 1 (46:59):
That's credible, chown. But all of his business expens.

Speaker 7 (47:03):
A lot of money going through that card. I mean
it takes it takes discipline to run your life through
a couple of different cards. Yeah, and you know, and
it's not easy. But I mean I don't know that
that's that's extraordinary. But I can say I fly Southwest,
so when you you tried to turn me onto then
MS card, and that's wonderful all those miles, but they're
not branded miles, so you don't get you don't get

(47:25):
the status that goes along with them with that particular airline.
So you can use the miles but you can't get.

Speaker 4 (47:31):
Miles out that particular miles have to be used on
this particular airline.

Speaker 7 (47:34):
No, no, it is on any of them, but mine
can only be used on some West. So that's all
I really fly.

Speaker 6 (47:41):
When we went to Hawaii, we were there three weeks, right,
we were basically really nice hotels and airfare.

Speaker 1 (47:47):
I paid one hundred percent with miles.

Speaker 6 (47:49):
He was probably like, uh, nine hundred and fifty thousand miles,
but that was three weeks at a really nice places, right,
So paid by the use of the MAX.

Speaker 1 (48:01):
If you're smart and you so you use AMAX for everything.

Speaker 7 (48:05):
There's so many different options you can just I mean,
there's different cards that cater to different people's needs. And
if you know, if you're smart and you can get
the benefit, then nine hundred bucks or seven hundred bucks
or whatever is nothing you're going to weigh out by
that in benefits. For me, it be a waste. I mean,
I had a I don't know, an American card at
one point that I couldn't get the use out of.

(48:27):
The American lounge was already always packed to the gills,
and it was only like three airports that I go
to that had that lounge, so it had no real value,
but it was still like six hundred bucks a year
for the card.

Speaker 1 (48:38):
He does Southwest. I do AMX majority.

Speaker 6 (48:40):
And when you say that is when I pay for
the advertising, I get four X points.

Speaker 1 (48:45):
That's why I went with AMX.

Speaker 7 (48:46):
Where do they have those Spirit lounges again?

Speaker 6 (48:48):
Spirit lounges, Yeah, right next to the front Tier one.

Speaker 4 (48:53):
I never get to an airline. I never get to
an airport long enough to use the lounge.

Speaker 1 (48:57):
Right, same card do you use primarily though? Cap one?
Cap one? Yeah?

Speaker 4 (49:02):
I mean you sho don't have a lot of pay
do if you get to venture X. If you get
to venture X, you'll get a lot of benefit for
your lifestyle.

Speaker 1 (49:10):
And it's the same. What's the difference? Do I just
ask for a.

Speaker 6 (49:13):
Venture you want a venture X, You're gonna pay six
hundred bucks or seven hundred bucks.

Speaker 1 (49:16):
What am I paying for the other one? Probably zero?

Speaker 4 (49:19):
Yeah, So the monthly fees have always been a question
to me whether or not I'll get my benefit. But
I guess if you keep track of it, you will
three all three seven one three talk seven one three
two five five Frank durand the real estate man let
me tell you what he does. He does an analysis
of your property to see what it was sell for
in these markets right now, it's weird. It's like you
you don't know what will your house sell for, what

(49:42):
will you clear?

Speaker 1 (49:42):
What can you buy?

Speaker 4 (49:43):
He'll do an analysis free of charge, no obligation. Three
oh three nine two zero sixteen twenty two. Frank drand
the real Estate Man dot com. Go with a sure
thing Denver's best roofer Excel Roofing dot com. You don't
pay a cent until you're content. Time for an insurance

(50:06):
check up free no obligation. In comparison, call Compass Insurance.
Paying too much your coverage at dozens of insurance companies
find out now three oh three seven seven to one help.
You'll think you're his only customer when you choose Frank
durand the real Estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hey Tom Martino here three O three

(50:40):
seven one three talk.

Speaker 1 (50:43):
Seven one three eight two five five.

Speaker 4 (50:45):
Listen to this one. I went to the er with
severe stomach pain. I don't care about that. This comes
up a lot. By the way, the bill came to
thirty two hundred bucks. John, you I know about this,
but it wasn't personal injury. But the bill came to
thirty two hundred bucks. My insurance paid eight hundred. I

(51:06):
owe twenty four hundred. The breakdown shows that there was
a facility fee of eleven hundred bucks and nine hundred
dollars for a doctor that was a consulting position I
never met, but he reviewed my chart. I'm uninsured for
the out of network stuff, but everything that was in

(51:29):
network is being paid.

Speaker 1 (51:31):
What can you do?

Speaker 5 (51:32):
So?

Speaker 1 (51:34):
Did he say emergency room? Though, yep, go ahead, waite
a second.

Speaker 7 (51:38):
You said the total bill was thirty two, His insurance
paid twelve hundred, and he owes the balance of twenty four.

Speaker 1 (51:44):
Well, whatever it comes to, I owe twenty four hundred dollars.

Speaker 7 (51:46):
How can that be if his insurance repriced it. I
don't understand how he's still dealing with one hundred percent
of the bill.

Speaker 1 (51:53):
Well, he's dealing with twenty four hundred.

Speaker 7 (51:56):
Which was left over.

Speaker 1 (51:57):
Assurance pay hundred.

Speaker 4 (51:59):
Okay, so eight hundred plus twenty four is something's wrong?

Speaker 5 (52:06):
Right?

Speaker 7 (52:06):
So there's been no discounting. What How did his insurance
not reprice the bill?

Speaker 1 (52:11):
Well, I don't know. I didn't get maybe he didn't
have insurance. That's what I said.

Speaker 4 (52:16):
Right now, the hospitals in network, an er doctor actually
treated you, so you got the in in network stuff.

Speaker 6 (52:23):
Colorado changed it though, and John, maybe you know about this.
I don't think he's not doing that anymore.

Speaker 1 (52:29):
Also, they have to under federal law.

Speaker 4 (52:32):
Under federal law and Colorado law, you don't have to
pay for consulting outside of the people that actually saw you.
They're not allowed to do a ghost charge of someone
who simply looked at your view the bill. By the way, attorney,
I got an attorney bill one time years ago that

(52:53):
it came I was canceling the attorney because I didn't
want to go through with it.

Speaker 1 (52:56):
I got this tremendous bill.

Speaker 4 (52:58):
And he he charged me for consulting with one of
his consults, one of his colleagues, about my case. I
wasn't even there. That was like, what are you kidding me?
What's to prevent that from happening?

Speaker 5 (53:13):
You know?

Speaker 4 (53:13):
I agreed to pay so much an hour, so he
charged me for his time talking to one of his colleagues.

Speaker 1 (53:20):
But anyway, that's what this reminded me of.

Speaker 6 (53:21):
Yeah, but I mean really, don't. Seriously, don't attorneys do that.
Not necessarily personal injury, but people getting paid by the hour.
If they got to consult with somebody else about your
real estate case, they're going to be charging you for that.

Speaker 7 (53:35):
Yeah, they do that all the time. I don't do that.
I don't build by the hour, so I have the
let yeah, I get.

Speaker 4 (53:42):
Yeah, okay, by the way, you cannot be balanced build
for the rest of This is a really strong act,
the Federal No Surprises Act, which says basically, you don't
pay any balances that your insurance doesn't pay. That's really
what it says. Your hospital and ensure are required to
settle payment between themselves and not involved.

Speaker 7 (54:04):
Well, that's what I was asking. If the if the
insurance company repriced it to a certain dollar amount. From
that dollar amount, they would then assess your patient responsibility
portion and you would o.

Speaker 4 (54:17):
You and you only have to pay what you've agreed
to by copay or co insurance or.

Speaker 7 (54:22):
So the amount that they reduced it in their repricing,
you would not be responsible for. That is the amount
that they used to back bill or try to try
to send to the patient and say, hey, you know
this much is still out.

Speaker 4 (54:32):
The Colorado enforces what's called a no surprise billing ban,
which really mirrors the federal law. Right, did you know
there's actually a number you can call. And this is
what really what I want to get out there. If
you are balanced billed for something that your insurance negotiated
with the hospital, and then the hospital or medical provider

(54:54):
comes after you, under the No Surprises Act, you can
file a complaint at one eight hundred and I'll write
this to the guy, one eight hundred nine eighty five
thirty fifty nine. But there's actually a number, and it's
called the No Surprises You look it up at CMS
dot gov, CMS dot gov, slash no Surprises cm S

(55:21):
dot gov no Surprises one eight hundred nine to eighty
five thirty fifty nine.

Speaker 1 (55:27):
Go ahead.

Speaker 6 (55:27):
Well, it's kind of funny talking about hospitals and pricing.
Something I learned the first time we hired John Susanna
and I got t bone. We hired John, and I'd
never I'd never hired an attorney for a personal injury
case before. She's never happened. And I learned so much
about it. And I'll tell you something that's crazy. You
want those hospital bills to be high as hell. I

(55:49):
mean you're talking about balance billing, but in a personal
injury case, when we went in, I mean, we had
like thirty four thousand dollars for like three things like
a cat scan and some other stuff. And why do
you want him to be as high as because you're
going after the damages and that becomes part of the damages.
But what was remarkable at the end what John did

(56:11):
and I really did learn a lot about personal injury.
He went to the hospital and negotiated him down to
like eight thousand dollars, but we got to keep the
thirty two we got from the at fall driver, which
is kind of it's kind of bizarre to me.

Speaker 1 (56:27):
But why is.

Speaker 4 (56:29):
That they can't they can't say, wait a minute, wait
a minute, you didn't actually pay that. You were build it,
but you didn't actually pay it.

Speaker 7 (56:38):
Yeah, So it's it's a pretty I mean, it almost
sounds unfair to a degree, but here's the reality. The
only reason that Mark got his medical expenses reduced down
to a negotiated amount was that he had paid premiums
for his health insurance and for his medical payments, coverage
and stuff like that out of his own pocket it.

(57:00):
And so we have a rule in Colorado called the
collateral source at home, and so we don't allow the
at fault guy to take advantage of mars my financial
prowess of buying good coverage and having insurance in place
that allowed him to enjoy a lower rate than perhaps
the cash paying public out there.

Speaker 4 (57:20):
So he has to be paid as if he was
a cash paying public.

Speaker 7 (57:24):
Yes, because that came after of his damages under bill
versus paid. The measure of damages in Colorado is the amount.

Speaker 1 (57:30):
The actual bill.

Speaker 7 (57:32):
Because we're not going to get into it, and it
makes total sense. Why would we let the at fault
guy pay less because the damagers that caused for a
better mark happened to pay really good health insurance premiums?

Speaker 12 (57:44):
You know?

Speaker 7 (57:44):
That doesn't make sense. Are you going to are you
going to turn around as the as the injured party
and say, well, if you're going to be entitled to
the lower amount, then I think part of my damages
should be the health insurance premium I paid for the
last fourteen years I've been buying health insurance, you know,
So that would be absurd. So the only logical way
to do it and the same is truth for match

(58:06):
and everything else. The build amount is the measure of damages,
and nobody on a jury pool hears anything about insurance.
We don't talk about health insurance, auto insurance, everything else.
It keeps it clean and easy. The damages are the damages,
the causation is the causation, and the jury decides what
those damages are. Everything else works itself out.

Speaker 1 (58:26):
So no matter what you work out behind the scenes,
that's up to you.

Speaker 7 (58:30):
Well, yeah, but it's all part of the process. Like
the person you were just talking about, and you're saying, oh, well,
we can't do back building and stuff, well that's the
same exact issue. You've got the hospital building some outrageous price.
The expectation is that it's going to get reduced down
by the health insurance company who's also charging a premium,
and so the person is paying for that benefit. It's

(58:52):
just all money going around in circles. And it's just
the way the world turns. And you know, tomorrow somebody
will dream up a way to get around that system,
and then there'll be new legislation and new rules and
everything else in the world keeps.

Speaker 4 (59:06):
And another reason they bill that much in the beginning
is because if you do have medpay, they assume you
have medpay. They want to eat that up as soon
as possible.

Speaker 7 (59:16):
Try to. They try to build that out so they
can get that portion of the mon any discount whatsoever,
which is in my opinion, will.

Speaker 4 (59:24):
You go do you any inform you have to tell
them when they ask you do you have any insurance?

Speaker 1 (59:30):
Do you have to tell them about your med Well,
you're not sworn under oath.

Speaker 5 (59:35):
Yeah.

Speaker 7 (59:35):
I think the better course of action is when you
go to the hospital following an accident, you give them
your health insurance and nothing else and then let everything
else work itself out. There are hospitals that that actually
hires people act as you.

Speaker 1 (59:48):
They give you the shakedown.

Speaker 7 (59:50):
There's a hospital here in town that will actually sit
you down and do a video conference with somebody that's
going to do the ultimate shakedown of figuring out every
single insurance policy you have. I've heard about it. It's
a video call where I'll sit you.

Speaker 14 (01:00:03):
Down and do it.

Speaker 7 (01:00:04):
And it's the same one that your daughter went to
that we're talking about. With these outrageous MRI and cat
scam bills, you know, and it's crazy.

Speaker 6 (01:00:11):
And just speaking of the outrageous bills. Remember it wasn't
long ago they.

Speaker 4 (01:00:17):
Passed legislation that said a hospital had to have menu
items and prices up there and.

Speaker 1 (01:00:23):
They never enforced it. But there's absolutely zero enforce.

Speaker 4 (01:00:27):
Right, go with a sure thing Denver's Best roofer Excel
Roofing dot com.

Speaker 1 (01:00:35):
You don't pass cent until you're content.

Speaker 4 (01:00:40):
Time for an insurance checkup free, no obligation comparison call
Compass Insurance paying too much your coverage at dozens of
insurance companies find out now three O three seven to
seven to one.

Speaker 1 (01:00:51):
Help.

Speaker 4 (01:00:51):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hi Tom Martino, you're a troubleshooter three
all three seven one three talk three all three seven
one three.

Speaker 1 (01:01:10):
A two five five.

Speaker 6 (01:01:11):
You know John brought up something so interesting during the
break he's dealing.

Speaker 1 (01:01:16):
He's trying to help a neighbor out.

Speaker 6 (01:01:18):
Whose spouse died, right and they had an iPhone and
they have a trust and they can't get into the iPhone.
I'm curious, what are they trying to get in for
do they need to get in?

Speaker 1 (01:01:30):
There a lot of on the iPhone to the cloud.

Speaker 7 (01:01:33):
Yeah, so, I you know, I don't know for sure,
but according to the my friend everywhere, credit cards, payments, contacts, passwords,
every to get into these accounts. Everything was on and
apparently like she would store in the notes section of
her phone some of these important logins and passwords and

(01:01:53):
stuff like that.

Speaker 6 (01:01:54):
So she didn't have well, I had to put it
this way, but it dropped debtless.

Speaker 1 (01:01:57):
I have a drop out list.

Speaker 7 (01:01:58):
Not saying it, you know, the smartest way to do it.
But she's like a lot of people, you don't think
and then something bad happens and now everything's stuck on
an iPhone that he can't get into.

Speaker 4 (01:02:07):
Let's talk to Dan McKenzie. He is our expert on
a state's estate planning, wills, probate, all of it. Hey, Dan,
have you ever had a case where a husband or
a wife did not have the password for their Apple
for their spouse's Apple iPhone and they had to get
into it.

Speaker 15 (01:02:29):
I'm not personally had a case, but I mean it's
a very hot issue that is now frequently addressed in
documents but the challenges that all these companies Google, Apple, Microsoft,
they all have kind of their own policies for dealing
with this, but there are some state laws. Colorado has
enacted a law that the challenges. Of course, they're all

(01:02:49):
in California or Washington or wherever they are, so there
there are there are laws saying, you know, who can
who can access this information after someone's passed away?

Speaker 7 (01:03:00):
D And this is John Fuller, I've got a quick
question for you. So there apparently is some support for
the idea that with a court order, Apple will will
help unlock the phone for this spouse, assuming he's the
legitimate spouse, with a death certificate and all that stuff.
But his response to me about that was, well, John,
everything's in a trust. We don't have, you know, a

(01:03:21):
will necessarily, but it seems to me that most everybody
that has a trust will have a poor over will
that says anything that wasn't in the trust would automatically
go to the surviving spouse. But assuming there is that,
could he go and open up a probate matter just
for that limited purpose of saying, I am the surviving spouse,
I need a court order ordering Apple to open up

(01:03:44):
the iPhone for me. Is that something that he could
do on his own or does that create other problems?

Speaker 15 (01:03:51):
I mean, I'm not aware of a way to like
do just a limited probate to one issue. But you know,
as a survivor in South I don't know that there'd
be any other beneficiaries involved, you know, no creditor issues usually,
so it'd probably be a pretty simple probate. Anyway, we'd
have to look at I guess, figure out are there
any other concerns and someone to have to be alerted

(01:04:13):
to something.

Speaker 4 (01:04:13):
In other words, if he had a trust already and
all of that, it would be a simple probate no
matter what, even if he had to include that right.

Speaker 15 (01:04:21):
Yeah, usually, I mean if nothing's going through the probate,
I mean, even if there are other people out there,
like creditors or other beneficiaries that would have a right
to know about what's going on. I mean, what's going
through this probate process is just this apple I D concern.
So it's not like there's property or anything like that.

Speaker 7 (01:04:37):
I wouldn't open the door to other people.

Speaker 15 (01:04:40):
No, I don't think so, I don't think so.

Speaker 7 (01:04:44):
Interesting.

Speaker 4 (01:04:45):
So, but you've never dealt with it personally, and as
far what do you advise, Well, I know what I
advise just a simple list where you can you both
have access to it.

Speaker 1 (01:04:57):
But well, with Apple you designate a person.

Speaker 4 (01:05:00):
Yeah, Dan, what are you doing as far as passwords
and user names.

Speaker 1 (01:05:04):
And all of that when you do your estate planning?

Speaker 4 (01:05:07):
Dan, by the way, is helping me out right now,
because you know, obviously I face mortality right in the face,
believe it or not. I didn't have an essay plan,
not an essaate plan, and you know I'm facing cancer
for the past year. But Dan, what do you what
do you do as far as electronic or digital access?

Speaker 1 (01:05:24):
What do you do, Dan, do you advise a master
list or what? Well, so all of.

Speaker 15 (01:05:29):
Our documents, our wills or trusts are powers of attorney,
all specifically mentioned that the agent, the trustee, personal wrap,
all can access digital assets and so at least giving
that person an argument it is a bit of a challenge,
just like every you know, all this estate administration stuff.
It's like you're dealing with banks and you know, invest

(01:05:50):
in places, all their own lawyers and their own processes
and procedures. So there can be a little bit of
back and forth. But having that if the trusts that
this person has might say something in there about digital assets,
depending on how recently they've done it. So that's the
language to look for it, doesn't you know, I might
not say the apple or the password or something that

(01:06:11):
it might be the language. It's a little bit more.

Speaker 4 (01:06:14):
But giving access, you still have to have the information.

Speaker 14 (01:06:18):
Nowhere to go.

Speaker 1 (01:06:18):
Yeah.

Speaker 4 (01:06:20):
Is it possible to have like a law firm which
actually has custody of this stuff and upon a death
certificate it can.

Speaker 1 (01:06:28):
Release it to the air.

Speaker 4 (01:06:30):
That is that a or do you name another trustee
or how do you do it?

Speaker 11 (01:06:34):
Yeah?

Speaker 15 (01:06:34):
I mean people are coming up with technological solutions to
these things that are pretty good. So if you use
a password manager like a law oh's like they if
they let you designate who could get in there. We
use a third party document storage service that will let
you store anything. Frankly, so their primary purposes medical stuff,
but they'll let your store other things. So you could

(01:06:55):
store a password list. The challenge is something like that
or what you just describe it is like you got
to keep it up to date. I mean, you know
we're all forced to change our passwords constantly. Are you
going to keep updating them. So you know, a password manager,
I think is something that the computer people are all
recommending anyway, and that could be a big advantage to
that as well.

Speaker 6 (01:07:16):
Can you imagine if you had a big crypto account
and you passed away.

Speaker 15 (01:07:21):
I mean, that's crazy thesets that have been lost to that.

Speaker 14 (01:07:24):
I think you know.

Speaker 15 (01:07:25):
That's why I point out there that totally unaccessible.

Speaker 1 (01:07:29):
Is that's why crypto's so weird.

Speaker 6 (01:07:32):
Literally, there's all this money floating that will never be taken, right.

Speaker 15 (01:07:36):
There's no bank to go to, there's no person to talk.
I mean, that's the whole point. You've gone off the
grid with crypto.

Speaker 1 (01:07:41):
So yeah, I don't even know how you prove you
have it. It's so bizarrely.

Speaker 4 (01:07:46):
Well, that's why Dan's Dan is all for. I'm hearing
Dan say, you need a list, you need to have
it custodied somewhere, and then you need to grant access
to it like.

Speaker 6 (01:07:56):
You you just use capital P password forever one, which is.

Speaker 1 (01:08:01):
Zero PAS, says w zero RD.

Speaker 5 (01:08:05):
Yeah.

Speaker 7 (01:08:05):
I think that's the issue with with this gentleman is
that he doesn't know what he doesn't know. I mean,
he just knows that everything was on her phone and
now it's entirely locked up. And so he's you know,
like a lot of couple these are elderly people that
one side does all the money and the side does
all the whatever and and and so he's just in
the dark as far as this stuff. Now, it'll eventually.

(01:08:28):
I was like, they're gonna come knocking on your door
eventually with these accounts and stuff. But I mean, it's
an huge issue.

Speaker 6 (01:08:35):
I've talked to Dan before about life insurance companies. Someone
might have, you know, something from a past employer where
they have maybe a thirty thousand dollars death coverage or.

Speaker 1 (01:08:45):
Something, and no one knows about it.

Speaker 6 (01:08:47):
By the way, people those people never come to you
and go, oh, here's your thirty grand He just wanted to.

Speaker 4 (01:08:52):
By the way, Dan McKenzie, you can reach him for
any of these topics or for a state planning wills,
probate trusts at eight three three COO plans. Again, I'm
using him. We referm to a lot of people. I
know some of my deputies have used him. Dan McKenzie
McKenzie lows co Plans dot Co eight three three co
plans go with a sure thing. Denver's best roofer Excel

(01:09:21):
roofing dot com. You don't pay a cent until you're content.
Time for an insurance checkup free, no obligation. In comparison,
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three O three seven
to seven to one help. You'll think you're his only
customer when you choose Frank durand Thereal estate man dot

(01:09:42):
com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two. Hi Tom Artino
or Troubleshooter three h three seven one three tough seven

(01:10:03):
one three eight two five five.

Speaker 1 (01:10:06):
So I got this.

Speaker 4 (01:10:07):
I'm gonna summarize that this one person found out that
they're home. Now, we had a call on this where
the guys that his home was sold out from under him.
Remember that, Yeah, but that was a sketchy call. Why
do you think, Well, because the guy called us ten
years later.

Speaker 5 (01:10:23):
Why you know?

Speaker 4 (01:10:24):
But I just don't think he knew what he was doing,
and he was living there until he wasn't and then
he started decided.

Speaker 6 (01:10:30):
He's but unlike it wasn't fraud Well, okay, I mean
according to him, his neighbor had him sign something and
apparently that was a quick claim or something at some
point in ten thousand and two.

Speaker 1 (01:10:43):
Yeah.

Speaker 6 (01:10:43):
Yeah, but that's a lot different than like someone just
right out of the blue, you never sign anything and
somehow they get a notary or someone to notarize someone
else's signature.

Speaker 1 (01:10:55):
That's like a full blown scam.

Speaker 4 (01:10:58):
I realize talking an old guy into signing a quick claim, but.

Speaker 1 (01:11:03):
Is a little different when you an I know.

Speaker 4 (01:11:04):
What you're saying, rather than at random. But I wanted
to talk about this service available where you don't need
tidle Locke. I'm not just saying it's a bad service,
but you don't need it. We'll talk about that coming
up on the Troubleshooter Show, along with your problems, questions,
and complaints.

Speaker 1 (01:11:19):
Three oh three seven to one three talk.

Speaker 4 (01:11:22):
Go with a sure thing Denver's Best Roofer Excel Roofing
dot com.

Speaker 1 (01:11:26):
You don't pay a cent until you're content.

Speaker 4 (01:11:31):
Time for an insurance check up, free no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three oh three seven
to seven to one help. You'll think you're his only
customer when you choose Frank durand the real estate man
dot Com to list your home with Remax Alliance three
oh three nine two zero sixteen twenty two Rip News.

Speaker 13 (01:11:56):
So you don't have.

Speaker 2 (01:12:03):
Shooter's gonna help?

Speaker 3 (01:12:05):
Come man, this is the Troubleshooter Show.

Speaker 1 (01:12:09):
No, Tom Martino, Hey, Tom Martino here, Welcome to the show.

Speaker 4 (01:12:14):
Three oh three seven one three talk seven one three
eight two five five major mark Major.

Speaker 1 (01:12:18):
What's on your mind? Election day?

Speaker 5 (01:12:21):
Man?

Speaker 1 (01:12:21):
I told you to tell me about Ago. Tell me
what you think is going on.

Speaker 4 (01:12:25):
I think will be a barometer on how people feel
about Trump.

Speaker 6 (01:12:29):
I think New Jersey has the best chance of going
red out of the one's going on right now New York.
I can't imagine the socialist doesn't win. I just can't imagine.
He's way too high.

Speaker 1 (01:12:43):
Uh, he's colonists communist.

Speaker 6 (01:12:44):
So right here in Colorado, I would say a couple
of things. One, I think the nine hundred and fifty
kazillion daily and Jillian's gonna fly through what?

Speaker 1 (01:12:54):
Oh I bet over the hy print bill.

Speaker 4 (01:12:57):
Yeah, the last big one was it's like five hundred
million and it had like seventy five percent.

Speaker 1 (01:13:04):
They just vote for you it's going to fly through.

Speaker 6 (01:13:06):
I bet sixty five to seventy percent, and Mikey will
get his new money.

Speaker 1 (01:13:10):
Well it's without raising tax Well, one of the.

Speaker 6 (01:13:14):
Things on the ballot actually does raise did you just
say bull whatever? Now you're talking the extension. Oh crap,
you're talking the extension. There was two on there.

Speaker 1 (01:13:24):
One out.

Speaker 6 (01:13:24):
One actually does raise taxes for people may stroll over
three hundred thousand, a new tax on them. The one
you're referring to is they're taking something that has already
been happening and extending it out, which is raising taxes.
But exactly, but it's I guess technically according to people here.

Speaker 4 (01:13:46):
It's keeping a tax that was supposed to expire longer.

Speaker 1 (01:13:49):
Yeah, exactly, it's exactly what it is. That's right.

Speaker 4 (01:13:52):
So it's not raising new tax Yeah, it's not a
new tax, but they're raising new taxes from taxes.

Speaker 1 (01:13:58):
Don't you wish?

Speaker 4 (01:14:00):
Don't you wish we would all just be honest with
each other? No, come on, that's why, of course, that's
what that's why Mark and I started. Politician politicians in general,
they have to lie.

Speaker 6 (01:14:14):
What else are they gonna do? Honestly, they're gonna lie,
all of every.

Speaker 1 (01:14:18):
Damn single one of them.

Speaker 6 (01:14:20):
What how does someone seriously and I mean this, and
I'm gonna I'm gonna pick on Nancy Pelosi. How do
you go with like half a million dollars and all
of a sudden be worth sixty seventy million when you
make one hundred and fifty or two hundred thousand. Here,
the biggest one is AOC. AOC couldn't even pay her

(01:14:41):
rent not long ago. Bartender Jesse, she was a bartender.
Now she's worth millions of dollars. Same with the Republicans.

Speaker 1 (01:14:48):
She wasn't a bartender.

Speaker 7 (01:14:50):
She was she come, absolutely, was absolutely.

Speaker 1 (01:14:52):
She was kidding me. Yes, but that was gazillion years ago.

Speaker 4 (01:14:56):
Like right before she got left that although that was
a long time ago though, she she's like thirty five
or something.

Speaker 1 (01:15:03):
Yes, I thought you.

Speaker 4 (01:15:05):
Were talking about Pelos. Oh you're talking about Aos walking. Okay, AOC.
She's a bag of bones. AOC, that woman, How the
hell did she Well, when you think about it, it's
only a small it's a small group of people. It's
not the nation voting for her. It's her, it's her
disc it's her representative they're.

Speaker 1 (01:15:26):
Voting for right now. In New York. I mean, yeah,
I mean what's the difference.

Speaker 6 (01:15:32):
Seriously, though, and I've said this before, I do vote
with my wallet. If I didn't make any money and
didn't want a job, and I wanted free health care
and food, I'd vote Democrat all day.

Speaker 5 (01:15:43):
I would.

Speaker 6 (01:15:44):
I swear to God that is no bs. I definitely
vote with my wallet and my aren't.

Speaker 4 (01:15:50):
But you, but you also care about what happens to
the country.

Speaker 1 (01:15:54):
For God's sakes, You're not just gonna vote if I
and didn't have the job. Let's even go further.

Speaker 6 (01:16:01):
I'm in a wheelchair or something and I have kids
and don't have a job, I'd want my snap benefits,
I'd want my healthcare, I'd want everything.

Speaker 1 (01:16:10):
So it's just the way it is. What are you
looking at, Yah, I don't know.

Speaker 7 (01:16:14):
I mean I tend to go the same way you do.
I vote with my wallet. Most every bond issue that's
out there gets a no vote every single time. I
just I just it's find a way to work within
the budget that you have. That's what every single household
in the state and the country has to do. Why
in the way, you know, it's like voting yourself a

(01:16:35):
pay raise, and it's ridiculous, and it's like, without raising
new taxes, it's just code for raising new taxes.

Speaker 6 (01:16:42):
I know, you know, every single time think of Obamacare.
Who doesn't have to participate in Obamacare. The people that
voted for the.

Speaker 7 (01:16:49):
Damn thing, it's like the whole thing. They're saying, Well, oh,
you know, we're gonna we're gonna hold the country hostage
here until you you know, until you undo the modifications
to the ACA subsidies that were done in the big
beautiful bill. Well, that's the elections have consequences. How many
times do we hear that they voted through the normal process,

(01:17:10):
this big beautiful bill, whatever you want to call it.
I hate that that term, but nonetheless that went through
the process and was enacted into law. You can't now
come back and unring the bell. Stupid because it's politically
expedient to try to hold the country hostage. Why nobody
can see that is beyond me. But it's just it's crazy.

(01:17:31):
Call things what they are and get things done.

Speaker 4 (01:17:33):
By the way, AOC is one of the people, only
one of the few Democrats that openly endorsed like.

Speaker 7 (01:17:41):
One of the only everybody else is scared of him,
like Hakeem Jefferies yesterday, I said, you know, are you
are you endorsing everything, but using the words of saying no,
I'm not going to actually endorse him. But of course
we endorse him. We you know, we hope he gets selected.
I just don't want my name associated with what's going
to be a colossal failure in the next go round.

(01:18:02):
But they own this guy, they absolutely own him, AOC
and Bernie and all the rest of them. They own
the Mundami experiment, and that's what it is, and it's
going to fail miserably, as is Seattle.

Speaker 6 (01:18:15):
I actually go back to Biden though, the way he
opened the border up and couldn't my god, he did
everything but hand out free candy coming over. There was
a reason they were doing that. I mean they course,
the whole damn party does want socialism, the honest to
god do Yeah, Okay, so they don't want to admit
it there.

Speaker 4 (01:18:35):
Socialism is more than more more than just your pocketbook.

Speaker 1 (01:18:40):
There's a whole philosophy of socialism.

Speaker 4 (01:18:42):
Yes, but if I didn't have a job and I
was hungry, once again, that's who I vote.

Speaker 7 (01:18:47):
It creates the beneficiary class that say self perpetuating you know,
electorate right, thereat as is everything else that's going to
be going on. I mean, listen, they.

Speaker 6 (01:18:56):
Don't rich get to stay in power forever if the
poor are given scraps.

Speaker 4 (01:19:01):
By the way, this person heard our discussion yesterday or
the other day where this guy's house was stolen, this
is another one where this truly was done. He says
he doesn't recall what happened, and police are saying it's
a civil matter. But he found out his taxes were overdue.
When he went down, he found out he wasn't the

(01:19:22):
registered owner, and LLC.

Speaker 1 (01:19:24):
He never heard of, took it over.

Speaker 4 (01:19:26):
He checked online and there's a deed recorded showing he
sold it for ten dollars a few years ago. The
need indeed even was notarized, but he doesn't recognize any
part of it. Now, the LLC has filed eviction papers
claiming they bought the home legitimately. And again he's fighting this,

(01:19:48):
but this is not hard as hard to fight anymore.

Speaker 1 (01:19:50):
As it used to be.

Speaker 4 (01:19:51):
First of all, he needs to file an affid David
of fraud.

Speaker 1 (01:19:56):
Have you ever heard of that?

Speaker 7 (01:19:57):
I've heard of it?

Speaker 6 (01:19:58):
Yeah, I is that what I'm going to go back
to this. What the hell does that mean? So if
I talk Tom in just signing over his house to
me and he legitimately signs it, is that fraud?

Speaker 1 (01:20:11):
But he didn't sign it. He's saying he never signed it.

Speaker 4 (01:20:13):
Well, I think our caller said he didn't sign it.
The caller did sign it, but he was tricked. But
there there is fraud in the inducement, right John, Yeah, but.

Speaker 6 (01:20:21):
That's what I'm saying. How do you how do you
go back first of all ten years? But how do
you even go back one year?

Speaker 1 (01:20:28):
Okay? In provo, he pressured me into signing.

Speaker 4 (01:20:31):
Let's take that one guy after I take Chris, because
that one guy I believe in Mark, I truly believe
he lost his home.

Speaker 1 (01:20:39):
Was ten years ago. No, I know, I know I
will get to home. He praised ten years.

Speaker 7 (01:20:44):
I think the statute of fraud limitations everything.

Speaker 1 (01:20:48):
All of it. What's going on, Chris? What's happening?

Speaker 13 (01:20:51):
Have you ever heard of me as a victor au
visa account updater?

Speaker 1 (01:21:01):
No? And I'm sounding a lot like fraud to me.
Tell me what it is?

Speaker 9 (01:21:05):
Well, okay, if you have a card, if.

Speaker 6 (01:21:10):
You have a credit card that you pay for example, Hulu.
So you have a monthly reoccurring okay, okay, and it
goes out a date, so it expires. Hulu will go
to the bank and get another expiration so it doesn't expire.

Speaker 1 (01:21:27):
They keep billing you, that's all. Why do they keep meeting?
They tell me?

Speaker 4 (01:21:30):
They keep telling me to go in and renew my card.
I have to because I play with virtual cards, so
my one will tell me.

Speaker 6 (01:21:37):
Just telling you, there's people in Hulu happens to be
one of them.

Speaker 4 (01:21:41):
That automatically atmatically automatically. But there's a lot of them.

Speaker 1 (01:21:45):
I'm sure Netflix, I'm sure all of them are the same.

Speaker 4 (01:21:47):
But Hulu specifically is one that told me my card
is expiring.

Speaker 1 (01:21:51):
I had to go in and update.

Speaker 14 (01:21:53):
You have to belong to this, oh okay, okay, you have.

Speaker 13 (01:21:57):
The option as a company or whomever, okay, got it
to belong to this.

Speaker 4 (01:22:03):
Updator updaterd got it, got it, got it? So what
is your question about it?

Speaker 13 (01:22:08):
Well, here's the problem. I had a fraud alert in
late July and I was out of town. I connected
with my bank, I knew who the company was. Thank god,
they had declined, and we got it all squared away
they were going to.

Speaker 4 (01:22:28):
Send me a You didn't tell me the fraudulent part yet,
you just said you were part of this updating service.

Speaker 13 (01:22:34):
Well that comes into play later. I didn't know about
the updator okay, okay, And so then early August, same company,
same one hundred and nineteen dollars.

Speaker 1 (01:22:49):
Well, what is the company and what's it for?

Speaker 7 (01:22:51):
Yeah, sometimes sometimes the credit card company will give the
new number to the fraudulent billing company.

Speaker 14 (01:22:58):
So yeah, I.

Speaker 1 (01:22:58):
Probably did remember.

Speaker 13 (01:23:00):
Kaspersky.

Speaker 1 (01:23:01):
Kaspersky, What the hell's that get a restaurant is?

Speaker 13 (01:23:07):
It's anti virus okay software? And during the Biden administration
they decided because it's Russian, that they were banning it.
I had had it for probably eight years on my

(01:23:28):
desktop and never had a problem. Millions of people in
this country have used. At the bottom line, it was banned.
Kaspersky gave it was their customer information to another company
called Ultra a v who was headquartered in Massachusetts.

Speaker 1 (01:23:46):
What's happening to you?

Speaker 4 (01:23:47):
Let's get to that part. What is happening to you?
Because what you're talking about we don't know anything about.

Speaker 1 (01:23:54):
So what is what are you? What are you calling
you out?

Speaker 5 (01:23:56):
Like?

Speaker 4 (01:23:56):
What is happening albert In late July, a fraudler saying,
what that that your card was hacked.

Speaker 13 (01:24:04):
That there was a company that was trying to charge me,
put a charge against my credit card.

Speaker 9 (01:24:12):
Okay, And it turned out to.

Speaker 13 (01:24:13):
Be this ultra av company that used to be Kaspersky.

Speaker 1 (01:24:20):
Okay, okay.

Speaker 13 (01:24:22):
I never did business.

Speaker 1 (01:24:23):
With these people, Okay, got it, got it.

Speaker 13 (01:24:25):
They hijacked my computer and millions of others and loaded
their software. I took it out. I had many phone
calls and emails with these people and told them I'd
own them if they didn't stay out of my life.

Speaker 1 (01:24:38):
Okay. So what happened then?

Speaker 13 (01:24:40):
So in late July I get the alert from my
bank and they.

Speaker 7 (01:24:51):
What did?

Speaker 13 (01:24:51):
They blocked my account? They said, when I get back
into town, they'll send me a new card. I get
back into town within less than a that I'm in town,
and then they.

Speaker 6 (01:25:01):
Gave those people eat that new information exactly.

Speaker 1 (01:25:05):
Okay, So what did you do then?

Speaker 13 (01:25:08):
So you're talking over each other?

Speaker 1 (01:25:10):
What so what did you do then?

Speaker 13 (01:25:13):
So I called my bank after the second time, when
they said, oh yeah, now the new card has brought
on it, so we're going to block that one and
send you a third card in three.

Speaker 1 (01:25:26):
Months, and what happened?

Speaker 13 (01:25:27):
And I much why is this happening? Because I spent
time with one of the people at the bank who
told me that between the time on the second transaction,
it was less than a second when this company went

(01:25:48):
from my own.

Speaker 4 (01:25:49):
Card to my new Well, no, they didn't go from
your old card to your new card.

Speaker 1 (01:25:53):
It's automatic.

Speaker 4 (01:25:54):
It's automatic, Tom, It's automatic when you change your credit
card number.

Speaker 1 (01:25:59):
This is what people don't understand.

Speaker 4 (01:26:00):
When you change your credit card number and get a
new credit card, all of the old transactions are honored.

Speaker 1 (01:26:07):
They really are.

Speaker 4 (01:26:08):
If you have a pre existing arrangement, they're all honored.
You're the one that has to stop them. So really,
this is a secret in the credit card industry.

Speaker 1 (01:26:19):
They don't tell you.

Speaker 4 (01:26:20):
If you want to stop fraudulent charges, you have to
do more than just get a new card. You have
to get a new account. You literally have to shut
down the account. I swear to God, you don't know this,
but it happens sometimes because if they show they had
a pre existing relationship with you, the credit card company

(01:26:43):
will allow them to access the new card. But if
you get a new account, they will not access the
new account. But it's done automatically. It's electronically. They don't
monitor your card and say, oh, Chris just got a
new card, let's attach it. They just don't do that.
But we got to take a break. When we come back,

(01:27:04):
I want to know specifically what.

Speaker 1 (01:27:07):
We need to do.

Speaker 4 (01:27:12):
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Rantino here, you're a troubleshooter. I want to apologize because
I had a technical difficulty with my MIC and I
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(01:27:55):
just recap that I'm not an idiot. That thing falls
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trying to tell you is Vestera Turnkey will have a
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(01:28:18):
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Capital dot com. We'll do a free review of all
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(01:28:41):
we've made it open to the public. Waveeightcapital dot com.
Now Chris was telling us before the break that she
had a credit card that was hacked or there was
a fraudulent charge.

Speaker 1 (01:28:54):
This happens to all of us.

Speaker 4 (01:28:55):
In fact, John Fuller was telling us that happened to him.
Deputy Dollars said, it happened to him, it happened to me.
Where what happens is if you get a new card,
they'll hop right on your new card again.

Speaker 1 (01:29:09):
How do they do that?

Speaker 4 (01:29:10):
They tell the credit card company they are a recurring
transaction and the credit card company will let it go
through to the new card. The only way to stop
it is for you to tell the credit card company,
this is not a recurring charge.

Speaker 1 (01:29:25):
Do not do it again.

Speaker 4 (01:29:26):
So where do we stand with that transaction and your card?
Are they charging you or not?

Speaker 13 (01:29:32):
No? But here's the deal. They are the one that
gave my bank is the one that gave me the
alert that it was a fraud, because they are not
a recurring transaction on my account.

Speaker 1 (01:29:47):
John, talk to us.

Speaker 7 (01:29:49):
This happened to you, right, Yeah, the same thing happened
to me. And they replaced the card and the very
next day they gave the fraudulent company the new credit
card number and they tried to build it again.

Speaker 9 (01:30:00):
Exactly.

Speaker 7 (01:30:00):
So I merely told the credit card company, do not
give the new number to this particular vendor. They issued
another card the next day, and lo and behold, they
never build again, and I never heard from him again.

Speaker 6 (01:30:12):
Yeah, you generally put a block at a particular person.

Speaker 7 (01:30:17):
Yeah, it was easy, creditor, It was easy. All I
had to do was get two credit cards in three
days and the problem was solved.

Speaker 13 (01:30:25):
Well, that's not what happened to me, John Fuller.

Speaker 7 (01:30:27):
What happened.

Speaker 4 (01:30:28):
Well, Chris, Chris, no matter what happened to you, where
does it stand today?

Speaker 1 (01:30:33):
Just tell us why you're calling because you can get the.

Speaker 13 (01:30:36):
Charge everybody out there about this visa problem? Okay, So
did you was never made aware of? I was never
made aware of whether I could opt in or opt out.

Speaker 7 (01:30:51):
Did they eventually get it through and steal your money?

Speaker 9 (01:30:54):
No?

Speaker 7 (01:30:55):
Okay, So whatever happened to you was just the same
thing that happened to me, except that I instructed the
card to not do it again and they didn't. So
problem solved.

Speaker 4 (01:31:07):
Okay, Chris, We understand you're upset, and we would be too.

Speaker 1 (01:31:11):
We get it.

Speaker 13 (01:31:12):
You need to know that I've been with the same
bank for fifty years.

Speaker 4 (01:31:16):
It doesn't matter I mean a bank, Okay, Masters Card.
So what is your What is the message you want
to get out to everyone?

Speaker 13 (01:31:25):
Marriage is that everybody needs to know about this visa
account update program.

Speaker 6 (01:31:32):
You know, I just want to take the other side
to this real quick, and not for the fraudulent company
by any means.

Speaker 1 (01:31:39):
But I don't want to have to go in every
year and.

Speaker 6 (01:31:42):
Update Hulu and update Netflix and update all that stuff.

Speaker 4 (01:31:47):
I too, It's it's not every year. Mark, by the way,
they go out.

Speaker 1 (01:31:51):
Whatever it is.

Speaker 4 (01:31:52):
I mean, I don't want to miss payments because I
have to go back in and update everything.

Speaker 1 (01:31:58):
I just Chris, we're getting the message and we really do.
Thank you. By the way, Mark.

Speaker 4 (01:32:03):
What I do is I wait till I wait until
I get a notice that says update your payment information,
and I update it. But I get what you're saying.
I that you now here. Here's somebody wants to know something. Okay,
somebody wants to know if your URL has been hijacked.

Speaker 1 (01:32:22):
What URL are they talking about? Is referraless working?

Speaker 5 (01:32:26):
Is that?

Speaker 1 (01:32:26):
Someone else?

Speaker 4 (01:32:27):
Says, Tom, All you have to do to get access
to an iPhone is have someone called the iPhone. When
you answer it, you're open. The iPhone is open to you.

Speaker 6 (01:32:38):
Oh well, I can't believe after all these years, I
didn't know that in Apple, didn't know of that security.

Speaker 4 (01:32:44):
That's why is someone telling me this. They're saying, all
you have to do is have somebody call the phone.
You be there to answer it. As soon as you
answer it, you're in the phone.

Speaker 1 (01:32:53):
Yeah, of course. Is that true or not?

Speaker 5 (01:32:56):
Mark?

Speaker 1 (01:32:56):
I mean, I don't know.

Speaker 4 (01:32:57):
It's my god, Come on, Tom, okay, okay, if I give.

Speaker 1 (01:33:00):
My phone, we're going to have this experiment. My phone
is locked.

Speaker 4 (01:33:03):
Okay, So if I give it to you, you can
get access to my phone. Call my phone, Chopper, call it. Well,
first of all, it's not locked. Well as it is,
it's on its camera. Well, how do I lock my
Let me lock my phone. Okay, I want to lock
my phone, So let me lock it.

Speaker 1 (01:33:22):
Put it on the lock.

Speaker 4 (01:33:23):
Can you imagine if we just discovered that that is
that the lock screen to make sure it's locked?

Speaker 1 (01:33:28):
Yep, okay, it's locked. Now you call me.

Speaker 7 (01:33:31):
It's kind of locked.

Speaker 6 (01:33:32):
I can go into your text what what the hell
is goingations?

Speaker 1 (01:33:37):
It's no, that's notification screen mark. Okay, hold on, it's locked. Okay,
so is it locked? Verify? Okay, so I had the answer.
I got John Fuller. Hello John, how are you okay?

Speaker 5 (01:33:49):
Now?

Speaker 6 (01:33:49):
Okay, Now let me go into your bank account. Whoops,
I can't go anywhere. You can't go anywhere on my phone. No,
but I can talk to John.

Speaker 1 (01:33:56):
Just go by what this guy said. I could talk
to John for a while.

Speaker 4 (01:33:59):
Okay, So John, mind, Now you have another call Shopper
Dale Canino Chopper.

Speaker 1 (01:34:07):
That's his real name, Chopper. I didn't know he had
a real name anyway. Okay, so you're wrong, call uh Texter.

Speaker 4 (01:34:13):
You're imagine after all these years and the FBI, the
FBI never thought about Dmitri. Deputy Dmitri, you have a
follow up from yesterday, sir.

Speaker 1 (01:34:24):
What's going on? Thank you, Deputy d what's happening?

Speaker 14 (01:34:28):
Hey, Tom, You may recall that Frank called us, Yes,
excuse me, Rick called U yesterday.

Speaker 1 (01:34:33):
I love this call.

Speaker 4 (01:34:35):
Rick was the one that had He said his son
was parking in a garage I believe downtown and a
heaving concrete slab caused a big problem.

Speaker 14 (01:34:47):
Right, Yeah, so yeah, he was parking at the Rider
Square garage, yes, in lower Downtown.

Speaker 1 (01:34:54):
Yes.

Speaker 14 (01:34:55):
And so yesterday last night I went over there and
I checked out the asance rampant.

Speaker 5 (01:34:59):
Wo.

Speaker 1 (01:35:00):
Nice, no fooling. That's pretty cool.

Speaker 14 (01:35:03):
No fooling. And the reason I'm calling you in today
instead of reporting on this tomorrow's because John Fuller is there. Yes,
and he's a resident expert on you know, premises related
liability question.

Speaker 1 (01:35:14):
Yeah, he can do that.

Speaker 14 (01:35:15):
So here's what I observed, John, the real quick John
Rick's Sun's car sustained about five thousand dollars in damages.

Speaker 4 (01:35:25):
All right, hold on, dragging some of you to take
a break. I want to give you more time, Deputy
d hold on and we'll talk about this. So basically,
he's pulling into a parking garage, but he claims that
the concrete was uneven and heaved and that caused the damage.

Speaker 1 (01:35:41):
More on that coming up.

Speaker 4 (01:35:45):
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(01:36:06):
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dot com to list your home with Remax Alliance three
three nine two zero sixteen twenty two. Hey, I'm Tom Martino.
Who are you? You're a listener and we love you,
so stay tuned. We have Deputy Dmitri talking about this.

(01:36:28):
He took the he took the initiative.

Speaker 1 (01:36:30):
To go out and love this parking lot. I love it,
Deputy d's great.

Speaker 4 (01:36:34):
And so we have this guy pulling into a parking
lot and he said the concrete was heaved unevenly where
it caused damage to the car. Now, Rick's son's car
has a lower profile than most cars, but not that low.
In fact, I've noticed a lot of cars they pull

(01:36:56):
up to the curb and do you ever see they
scrape right along on the top of that curve because
they have those ground effects.

Speaker 1 (01:37:02):
It looks like his car.

Speaker 6 (01:37:03):
He put a measuring tape up on this one picture
is about seven inches.

Speaker 1 (01:37:08):
Yeah, D what so? D you went and looked?

Speaker 4 (01:37:12):
Well, tell us you were You were about to ask
John Fuller, our personal injury attorney, who knows a lot
about other liability like premises liability, which is few and
far between.

Speaker 1 (01:37:22):
As far as you know, those claims are very hard.
To tell me you took a picture of it, D.

Speaker 9 (01:37:28):
H, No, I didn't take a picture.

Speaker 6 (01:37:30):
Everything you just said about initiative and everything is out
to win.

Speaker 1 (01:37:34):
Okay, he went down there and didn't take a picture.

Speaker 14 (01:37:36):
I can easily. I can be there in a couple
of minutes to take a pick.

Speaker 1 (01:37:39):
Anyway, D. We're just kidding, gut, go ahead.

Speaker 14 (01:37:42):
Yeah, last night I couldn't take a picture because it
was dark. So guy. So here's what I saw. There's
a transition from the road surface to the driveway into
the underground garage. And there are two problems with this
transition that I observed. First of all, it's built really poorly.

(01:38:03):
It's it's uneven. It's like horizontally uneven. In other words,
as you drive in, the driver side wheel rises a
few inches, but the passenger side wheel has to rise
a lot more, probably six or eight inches, and that
causes the driver front corner to dip way down and
scrape and scrape that transition and the driveway beyond the transition.

(01:38:29):
So in addition to it being built so sloppily and
so poorly, I did see evidence of one of those
slabs having heaved up a long time ago. And by
evidence I mean that one of the corners of that
slab had been ground away. But you can tell it
was ground away a long time ago. So the concrete
isn't fresh in the grinding part.

Speaker 7 (01:38:50):
To Metri, it's the part you're talking about. Would that
have been part of the city sidewalk or is this
all private stuff or what.

Speaker 14 (01:38:57):
It's So there is no sidewalk between the traffic lane
and the entry into the garage. So it goes from
the city traffic lane into the entry of the garage
immediately without a sidewalk. And so I observed evidence of hundreds,
if not thousands, of other scrapes, and there was even

(01:39:17):
a fastener laying on the ground like a body panel fastener.

Speaker 4 (01:39:21):
That wow. So what is your opinion? What is your
opinion to me?

Speaker 14 (01:39:25):
My opinion is that transition at Ryder Square Garage sucks.
I guarantee you. Now, I've used it before my Forerunner,
which has no problem driving over boulders, but I could
not bring my town car into that garage because it
would trash the underside of my town car.

Speaker 1 (01:39:44):
So it dips. I think I found a picture of it.

Speaker 4 (01:39:47):
It dips down and then on the left side it
looks like that's where it's kind of heaved a little bit.

Speaker 14 (01:39:54):
Yeah, it's actually as you drive in the left side dips.

Speaker 6 (01:39:57):
It isn't that the city property, rightw though, John, generally
that's the drainage.

Speaker 14 (01:40:03):
No, there's no no, no, it goes so there is
no sidewalk. It goes from the city.

Speaker 1 (01:40:08):
Yeah, I get that, there's no sidewalk. I get that.
I'm sure I'm looking at the right picture.

Speaker 14 (01:40:15):
I don't think you are, because our caller did not
provide a picture of that ad.

Speaker 1 (01:40:19):
Yeah, but I found I'm going to send it. I'm
going to send you this. Hold on, keep talking though,
d oh the one.

Speaker 14 (01:40:24):
No, she provided a picture of the exit. I know,
the one you're talking about. He provided a picture of
the exit, but not of the entry.

Speaker 7 (01:40:32):
I think Mark chicked it up on Google Earth or
oh she did Little Drive or something like that.

Speaker 5 (01:40:39):
Yeah.

Speaker 14 (01:40:39):
So I'll check my email here while we're talking to
see if I got that picture from Mark. So so
my question for you, know, my question for John is
is there any law, regulation or just reasonable expectation that
if you enter a public garage where.

Speaker 1 (01:40:57):
There's no reasonable expectation?

Speaker 14 (01:41:00):
Yeah, if they offer public parking, can't you just reasonably
rely on that and expect that the public parking is
not going to do any damage to your car as
you tried to enter the garage? You know?

Speaker 7 (01:41:15):
I mean, yeah, I'm not insensitive to this, to this
guy's plight, but I don't think there's actually a law
that covers No.

Speaker 1 (01:41:24):
I mean.

Speaker 7 (01:41:27):
To find somebody's civil liability I think would be would
be tricky on this.

Speaker 1 (01:41:31):
I mean the parking garage and it's dangerous.

Speaker 7 (01:41:34):
Yeah, I mean, listen, I deal with Crimis's liability all
the time when people are injured on it.

Speaker 4 (01:41:42):
So can you explain in general premises liability in Jack
because you said it's.

Speaker 1 (01:41:47):
A pain in the ass to go after it is?

Speaker 7 (01:41:49):
So if somebody tripped up on this, on this particular
feature of this garage, here's the analysis. Okay. The law
says the landlord is responsible for their unreasonable failure to
take reason steps to protect against the dangerous condition that
they knew of or they should have known of. That's
a quote. I've only said it eighteen thousand times, is
why I know it. Okay, So you've got to dissect

(01:42:11):
that sentence. There's two unreasonables and a newer should have
known in the same sentence. So we start working it out.
Is it unreasonable that they have this heaved hold on
one second of.

Speaker 1 (01:42:21):
Sorry, you gotta do this? Got more coming up here?

Speaker 4 (01:42:26):
Go with a sure thing Denver's best roofer excel roofing
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Speaker 1 (01:42:30):
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Speaker 4 (01:42:35):
Time for an insurance checkup free no obligation comparison call
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three nine two zero sixteen twenty two. Hi Tom Martino,

(01:43:03):
your troubleshooter three oh three seven one three eight two
five five. So, Deputy d you know, you know John
he stepped out, but he said he can see a
clear shot here for someone to sue that company and
allege that they should have taken care of it. But
it's it's how do you feel, Deputy, when you're there,

(01:43:23):
D when you're actually there.

Speaker 1 (01:43:25):
Does it look pretty bad?

Speaker 4 (01:43:26):
Because Mark took a picture of it, and it's where
it meets the storm the storm sewer, the not storm suit.

Speaker 1 (01:43:32):
But you know that's that that yeah, that's a great.

Speaker 4 (01:43:36):
Way of putting it a draining channel from the city
and that's the city.

Speaker 1 (01:43:41):
That's the city.

Speaker 4 (01:43:43):
Although it maybe required to be put in by the building,
it is the city controlled and owned. And then where
it meets do you think that heaved over time or
it's been like that a long time.

Speaker 1 (01:43:54):
That's one way to go with a sure thing.

Speaker 4 (01:43:56):
Denver's Best roofer Excel Roofing dot com. You don't pay
a cent until you're content. Time for an insurance check
up free, no obligation. In comparison, call Compass Insurance paying
too much your coverage at dozens of insurance companies find
out now three oh three seven seven one help. You'll
think you're his only customer when you choose Frank durand

(01:44:18):
the real estate Man dot com to list your home
with Remax Alliance three oh three nine two zero sixteen
twenty two Ye.

Speaker 1 (01:44:30):
Ripped of.

Speaker 2 (01:44:33):
News need advice so you don't have to come run
inxious as fast as we can show Shooter's gonna help come.

Speaker 1 (01:44:46):
Is the Troubleshooter Show.

Speaker 4 (01:44:48):
No Tom Martinez, Okay, I'm Tom Martino along with Major
Mark Major, and we got John Fuller today, Attorney at Law.
He's a personal injury attorney that will talk to you
up up front. You don't have to sign up or
hire him. You can talk to him till you're blowing
the face. Seriously. That's what I love, and most of
them want you to sign something. John Fuller is three

(01:45:10):
three five nine seven forty five hundred. We'll be giving
out his contact info. Speaking of contacting you know, Mark
and I are proud of this guaranteed lowest price thing.

Speaker 1 (01:45:19):
We are really a bugaboo on value value and.

Speaker 4 (01:45:23):
Water Pros has this water system for your whole house
to get rid of forever chemicals, microplastics, chlorine and give
you reverse hosmosis drinking water. This is a whole house system, folks,
forty six ninety five.

Speaker 1 (01:45:38):
You want to talk about the lowest.

Speaker 4 (01:45:39):
Price, let's plumber start at like fifteen grand for something
even close to this. That's Waterpros dot net three three
eight six y two five five five four. All right,
Now let's talk to John, who has an issue with
a dentist. Speaking of dentists, I have a dental appointment
at two o'clock.

Speaker 1 (01:45:58):
What's your issue? John? And then justin he.

Speaker 4 (01:46:01):
Wants to talk about roach infestation in an apartment and
by the way, that is definitely covered by the Warranty
of Habitability Act.

Speaker 1 (01:46:11):
John, you first, man, what's going on?

Speaker 11 (01:46:14):
Good afternoon, gentlemen. I'll try not to babble, but I
just need some advice and options, so sure, and a
half ago I went to go see my old dentist
of twenty something years, and I had to see a
new one because he'd retired.

Speaker 14 (01:46:25):
So I went to get my teeth cleaned.

Speaker 11 (01:46:26):
And this tennis talk me into my three front teeth
on the lower jaw. He talked me into He said
he was going to do all these wonderful things. I
thought I was going to get a bridge or an implant.

Speaker 1 (01:46:37):
Well, what was wrong? What was wrong with the teeth
to begin with when he did his exam?

Speaker 11 (01:46:43):
Nothing? I mean I was not in pain. They were
a little worn down and there was a little gap
between those three teeth.

Speaker 4 (01:46:48):
And he said, hey, he said, hey, I can fix
this up for you. I mean, exactly how did it
come up? It was obviously during his exam, right, yes, sir,
And then tell me how he posed it to you.

Speaker 11 (01:47:03):
Just that you know he could fix it up, make my.

Speaker 14 (01:47:04):
Teeth look better.

Speaker 9 (01:47:05):
I thought, okay, he's going to put something over the top.

Speaker 11 (01:47:07):
But then he says, come back in a few days,
I'm going to pull those three teeth and we're.

Speaker 12 (01:47:12):
Going to fix you up.

Speaker 11 (01:47:14):
An estimate of over six thousand dollars. So I went
in three days later, he pulled the three teeth and
then they took well they first they took three dimensional
pictures and all that. And then I came back two
weeks later, and I thought it was getting something nice,
and he just put in a porcelain bridge or porcelain teeth.

Speaker 1 (01:47:31):
Well did they look nice?

Speaker 11 (01:47:34):
Yeah, they're okay. It was painful for a while. But
a year later a piece broke off.

Speaker 4 (01:47:39):
Oh my god, So wait a minute, when did the
original works? When was the original work done? It was
your dentist, Win Win. How long ago?

Speaker 11 (01:47:47):
Got the exact dates in my folder at home. I'm
keep an eye.

Speaker 4 (01:47:50):
Give me an idea, give me an idea. When it
was a year and a half ago. Okay again, so
and then a year later piece broke so they glued
it on and then he tell me, for another four dollars,
I can fix this up real good. I'm like, well,
that's what I paid you the six thousand for.

Speaker 11 (01:48:06):
I said, I don't have.

Speaker 1 (01:48:07):
What was he going to do for the additional four
grand I have.

Speaker 11 (01:48:10):
It written down?

Speaker 14 (01:48:11):
I don't know.

Speaker 11 (01:48:12):
He printed it out and he says, well, I'll just
keep this in your file. And he gave me a
copy and I and I left, so I was like, well,
there's nothing to do.

Speaker 3 (01:48:19):
Well.

Speaker 11 (01:48:19):
Then six weeks ago, I have a really bad infected tooth.
It was one next to there's no three teeths are gone,
so the one next to it was hurting.

Speaker 4 (01:48:29):
So that happens sometimes. That happens sometimes with bridges or implants.
It puts more pressure on adjacent teeth. Sometimes, Yeah, tooth
wants to be up against something. So I went in
there and I told him, look, it's this tooth here,
the second one from the end.

Speaker 11 (01:48:44):
He said, no, it's this one.

Speaker 4 (01:48:45):
I said, dude, this one, And did you spend that
additional four grand by the way, No.

Speaker 11 (01:48:51):
So he said, I'll pull both the teeth. Then, if
you want to be right about it, I said, I'm
in a lot of pain. Just pull the one you think.

Speaker 14 (01:48:58):
It is, and that's part.

Speaker 4 (01:49:00):
The one you that was gonna pull was is adjacent
to the new bridge.

Speaker 1 (01:49:05):
Correct, Okay, But he pulled the in.

Speaker 11 (01:49:08):
One, which would be like a lower canine. So the
thing is, I'm sitting there and he comes around the
corner says open your mouth, and I would thought he
was gonna put some pain into my gums, and he
grabbed onto the tooth, and he got.

Speaker 1 (01:49:23):
Wait a minute, wait a minute.

Speaker 4 (01:49:24):
And he didn't numb you up. He just said turn
this way and he yank.

Speaker 11 (01:49:30):
Yep, he could say that he num he did numb
me up, but you know, and I could say I didn't.

Speaker 1 (01:49:36):
But any doctor I did he give you a nother
cane injection?

Speaker 14 (01:49:40):
I say no, I don't call him.

Speaker 10 (01:49:43):
What do you mean?

Speaker 1 (01:49:43):
You say no? Hold on, John?

Speaker 4 (01:49:46):
So you were there to get this adjacent tooth removed
because it was giving you trouble?

Speaker 1 (01:49:54):
And and was.

Speaker 4 (01:49:55):
He going to do an implant when he removed it?
What was he going to do just remove it or.

Speaker 14 (01:49:59):
What he was just going to remove it?

Speaker 11 (01:50:02):
Because he said he couldn't do a root canal.

Speaker 9 (01:50:05):
Okay, you're a root canal and he said no, he
couldn't do it.

Speaker 4 (01:50:08):
You don't want those anyway? They failed? So so you
were just going to leave a gap there?

Speaker 11 (01:50:15):
Well the three I already had three missing teeth.

Speaker 4 (01:50:18):
Well you have a bridge for the Is it a
permanent bridge where he pulled those three teeth?

Speaker 5 (01:50:24):
No?

Speaker 14 (01:50:25):
A week after he fixed it, it shattered.

Speaker 11 (01:50:27):
I swallowed part of it, your original bridge. I swallowed
half of it, and I had the.

Speaker 1 (01:50:31):
Other pit he replace it? Did he replace it?

Speaker 7 (01:50:36):
No?

Speaker 1 (01:50:37):
Wait a minute.

Speaker 4 (01:50:38):
You had three teeth removed and had a bridge made
that broke, and then the.

Speaker 11 (01:50:45):
Bridge it was a porcelain bridge. Porcelain, I think it
wasn't an actual bridge.

Speaker 1 (01:50:52):
Well, well were they implant? Hold on, bro John.

Speaker 4 (01:50:57):
You keep thinking like we have a clear picture of this,
and you keep you keep talking.

Speaker 1 (01:51:02):
We really need and listen.

Speaker 4 (01:51:04):
If we're going to help you and try to help you,
I need to know these three teeth were pulled in
place of these three teeth. He did not do an implant,
but he did some kind of a bridge that was removable.

Speaker 1 (01:51:18):
Is that correct or not?

Speaker 11 (01:51:21):
He cemented it on?

Speaker 1 (01:51:23):
Okay, got it?

Speaker 4 (01:51:24):
So it was some kind of a semi permanent bridge
where those three teeth used to be.

Speaker 1 (01:51:31):
Yes, and then it shattered.

Speaker 4 (01:51:34):
Yes, and it was never replaced or repaired. No, and
you just and so you paid six grand for something
that shattered and it was never replaced.

Speaker 11 (01:51:50):
He said, if I gave him more four one more dollars,
he would fix it.

Speaker 1 (01:51:54):
But why did he think that was your fault?

Speaker 11 (01:51:58):
I don't have a clue.

Speaker 4 (01:52:03):
Okay, So then you had this new work done and
he yanked it, and you don't remember him numbing you, correct.

Speaker 11 (01:52:12):
I just went in to get a ruke can allen.
He said, I'm going to pull the two.

Speaker 14 (01:52:16):
Got it and then he pulled it.

Speaker 11 (01:52:18):
But and then I was screaming and growing crazy. And
then he came running back in and then he he
shot some into the nerves a couple of times. But
I was yelling, I can't take the pain. Stop. So
but you must have got enough in there that I
was able to make it to my truck. And then
he gave me some antibiotics, no pain medicine.

Speaker 1 (01:52:40):
And wow, where does this stand?

Speaker 5 (01:52:43):
Right?

Speaker 1 (01:52:44):
This was done eighteen months.

Speaker 11 (01:52:46):
Ago, this was done six weeks ago.

Speaker 4 (01:52:50):
Then okay, so what do you want right now? What
do you want right now? Because listen, this sounds like
a nightmare to me. What do you want? But I'm
not sure if your mouth is just in pork dition
or if he was just a poor dentist.

Speaker 11 (01:53:04):
He's kind of can't believe he has a dental license
the way he treated me.

Speaker 4 (01:53:09):
Wow, So did you tell him that? Did you tell him?

Speaker 1 (01:53:13):
Did you tell him you're very very disappointed?

Speaker 9 (01:53:17):
Well, I was going to go find a complaint.

Speaker 1 (01:53:19):
You need to board, you need to cooking.

Speaker 11 (01:53:22):
That's why I'm calling you.

Speaker 1 (01:53:23):
Really do listen. I will tell you this.

Speaker 4 (01:53:26):
The dental board in Colorado, they really do investigate complaints.

Speaker 11 (01:53:32):
So one more question.

Speaker 9 (01:53:34):
So I had to go to another dentist after.

Speaker 11 (01:53:36):
The antibiotics war off because the tooth I told him
was infected. He was infected. So I had to go
to another dentist and have that pooled. So I lost
five teeths to this guy and the new dentist. They're
really great people, but they're telling me I need twelve
to fifteen thousand dollars.

Speaker 14 (01:53:52):
Okay, this mistake.

Speaker 4 (01:53:53):
But did they say because of his mistake or because
of the condition of your teeth? Because I think John
Fuller wants a handle this personally. I mean, you know,
I'm just kidding. By the way, John Fuller didn't say
that he is shaking his head because this is baffling
all of us. We don't know if you have a

(01:54:13):
mouth that is just a nightmare, or if this guy
is so incompetent, or maybe a combination.

Speaker 6 (01:54:19):
We're John, seriously on something like this, where do you
even start? I mean, you got to have another dentist
say this dentist screwed everything up.

Speaker 1 (01:54:27):
Before you go anywhere.

Speaker 7 (01:54:28):
Right, Right, It's no different than any other medical malpractice case.
You've got to have duty, breach, causation and damages, and
you have to have a professional review, which means another
dentist has to be the one to say that this
guy messed up, that his care of you was a
deviation from the standard of care. And you've got to
have that guy willing to basically say that your complaint

(01:54:49):
is not without substantial justification in order to satisfy the
statue that will keep your lawsuit from being dismissed out
of hand. So it's a very difficult case. Dental malpractice
cases as at all are very different. But the state
will investigate this. For the state investigate. That's not going
to fix No, it's not.

Speaker 1 (01:55:08):
Going to give him damages. Okay, let me get this straight.

Speaker 4 (01:55:11):
So you had three teeth pulled, the bridge shattered, You
had another tooth polled and that gave you incredible pain.
Then you had a fifth tooth pulled. Why was the
fifth tooth pulled?

Speaker 11 (01:55:26):
Well, when I went to this guy, I told him
it was that tooth that was infected, and he started
arguing with me, telling me I was wrong.

Speaker 4 (01:55:32):
And no, no, but why so? So did it turn
out to be in Did it turn out to be Okay,
you're saying he pulled the rock. Does this dentist that
you're with now, will this dentist testified all this that
it was malpractice?

Speaker 11 (01:55:48):
I'd have to ask him that. That's in the end.
That's why I'm calling you know, I'm I need like
twelve to fifteen ten to fifteen thousand dollars to fix
to get in plan.

Speaker 1 (01:56:01):
But okay, I get it. But here's the thing. Not
all of that money.

Speaker 4 (01:56:05):
Maybe here's what I'm suggesting, John, it may not be
that all of that money you need.

Speaker 1 (01:56:11):
To spend is this doctor's fault.

Speaker 4 (01:56:14):
It may not be. I'm saying it could be, but
it may not be. It may be you just had
a terrible mouth.

Speaker 1 (01:56:21):
I'm serious.

Speaker 13 (01:56:22):
Truth.

Speaker 4 (01:56:23):
So we need an opinion, and you can only get
an opinion from another dentist right and from the dental board.
So that's what I would do right now. What I
would do right now is specifically say this. I mean,
you have to start asking very specific questions. First and foremost,
what do you think? This is what you asked? The

(01:56:44):
second destiness, what do you think? The first dentist did wrong?
What do you think he did wrong? And did I
contribute at all with the condition of my oral health?

Speaker 1 (01:56:55):
Number two?

Speaker 4 (01:56:57):
Do you think he did more harm than good? And
is he the reason I need this additional work done?
You you asked those questions specifically and get back to
us seriously, and then I would put in a complaint
based on those answers with the dental board. But that's
what I would do. Three o three seven to one

(01:57:17):
three talks seven one three eight two five five.

Speaker 2 (01:57:20):
Justin is.

Speaker 4 (01:57:24):
Go with a sure thing Denver's best roofer Excel Roofing
dot com. You don't pay a cent until you're content.
Time for an insurance checkup free, no obligation. In comparison,
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three oh three seven
seven to one help. You'll think you're his only customer

(01:57:46):
when you choose Frank durand the real estate Man dot
com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two. Hi Tom Martino here,
let's talk right now about an infestation of roaches. Justin
tell us your story or your daughter's story.

Speaker 5 (01:58:09):
Justin, gentlemen, My daughter attends school on the Western Slope,
first apartment, she's a junior. Finally, at least got her
in there. Right after we moved her in, she noticed roaches.
And I'm not gonna be I'm gonna be honest. It's

(01:58:31):
you know, it wasn't terribly unexpected.

Speaker 1 (01:58:35):
But what does that mean? What does that mean?

Speaker 4 (01:58:37):
Not terribly unexpected like a few here and there or what?
Or is it is it a terrible looking place to
begin with? And you figured, you know, yeah, a little
bit of both. Okay, gotcha. So so anyway, what's going on?
How long has she been there?

Speaker 5 (01:58:56):
Beginning of school?

Speaker 14 (01:58:57):
May?

Speaker 5 (01:59:00):
Last year she moved in.

Speaker 4 (01:59:02):
Oh, last year she moved in, So we're talking about
a year ago. Okay, this year, this year, I'm sorry,
earlier this year she moved in and around May. So
what's going on?

Speaker 5 (01:59:13):
She saw the roaches, a couple of them here and there,
reached out to the management company, set the guy out,
He did the extermination.

Speaker 1 (01:59:22):
Okay, at least they didn't ignore her, right.

Speaker 5 (01:59:25):
No, And on that aspect they've been great.

Speaker 9 (01:59:28):
Okay.

Speaker 5 (01:59:29):
This has been four times now over the last couple
of months. Okay, with no, with no no progress. It
seems like, now what the weather getting colder, is getting worse?

Speaker 1 (01:59:41):
Yeah, that happened. So instead a share I thought I
heard school here. Is it a shared space?

Speaker 5 (01:59:47):
No?

Speaker 4 (01:59:47):
No, it's not a dorm or anything. She's just renting
a place and going to college.

Speaker 1 (01:59:51):
Is it just her though? Or is there other people
in the apartment?

Speaker 5 (01:59:55):
It's just her?

Speaker 1 (01:59:56):
Okay?

Speaker 4 (01:59:57):
And how many units in this building would you say?
I like, like dozens? I mean, is it a big place?

Speaker 5 (02:00:05):
No, it's a converted motel that they just okay.

Speaker 1 (02:00:11):
So she has her own entrance and everything.

Speaker 5 (02:00:14):
Correct.

Speaker 4 (02:00:14):
Listen, man, I don't want to give you any nightmares,
but she better watch out for bed bugs, especially if
it was left. No, seriously, man, because a lot of
times with old converted motels they hide in the cracks
and crevices and then have a you know, breeding fest eventually.
But I shouldn't even give you that to worry about.

(02:00:35):
But I'm sorry you didn't call to get more to
worry about. So anyway, has she checked like is this
filled with students this place?

Speaker 5 (02:00:46):
No, it's more low income okay, But has she talked
to anyone else who's having this problem?

Speaker 1 (02:00:54):
Is what I'm getting at.

Speaker 5 (02:00:57):
No, she's kind of an introvert, and I okay that.

Speaker 4 (02:01:00):
But that would really help to know how bad this is.
But you're saying the landlord will keep sending people out
to help.

Speaker 5 (02:01:09):
Yeah, and they keep they come into her place and
then exterminate in her place. And I think that that's
kind of where we're at. We're not doing the entire problem,
They're just trying to keep it eyes.

Speaker 1 (02:01:18):
What do you want? Does she want to move?

Speaker 5 (02:01:21):
Yeah, she wants out and we want her out.

Speaker 1 (02:01:24):
Okay. So here's the question. When is her lease up?

Speaker 11 (02:01:29):
Uh?

Speaker 5 (02:01:31):
It was a one year lease May. Yeah, May?

Speaker 1 (02:01:34):
Okay.

Speaker 5 (02:01:34):
Is when it's up at the end of May?

Speaker 4 (02:01:37):
Okay? So do you think they would let her out early?
Because sometimes they will.

Speaker 5 (02:01:43):
Well, and that's kind of where we're at. We I
have been trying to make this a learning experience for her.
She's a junior in college. Let her handle this, and
I'm trying to stay a step back as a father.
But to her point, now we're not working.

Speaker 1 (02:01:59):
Well.

Speaker 4 (02:01:59):
Here's the I mean, the worst case scenario, which is
not terrible. The worst case scenario she stays there till
May or Act. No. Actually, worst case would be she
leaves and takes some kind of penalty.

Speaker 1 (02:02:12):
Do you know what the penalty would be for moving?

Speaker 5 (02:02:15):
Well, we have to pay rent.

Speaker 1 (02:02:22):
You mean for the remainder of the lease and not
live there.

Speaker 4 (02:02:25):
You sure they wouldn't set Yeah, but if they're going
to re rent it out, maybe they would come up
with some kind of settlement, like you pay two months
rent and you can leave.

Speaker 1 (02:02:33):
Have you ever have you ever asked about it?

Speaker 5 (02:02:37):
From what we're getting and this is kind of where
we're at is we've contacted them and they said, yes,
they would let her leave and try to re rent
the place out, and we would be on the hook
until they re rent it. But right now there's multiple
units in this complex that they have not been able
to rent at this point.

Speaker 4 (02:02:58):
Okay, so they're not likely gonna just let you out
or pay you. Have you personally talked to any of
them to say, look, my daughter wants out. We'd like
to do this in a friendly way. Can we pay
a couple of months and get out? I mean, have
you talked to anyone?

Speaker 5 (02:03:16):
I have not, and I and I yes, that's next
on my list and I've been trying to do that,
but I.

Speaker 1 (02:03:25):
How bad is that. I mean, is she just like
totally freaked out? Is it that bad? I mean, is
it like.

Speaker 5 (02:03:33):
She's I won't say she streaked out just because of
who she is. She's in school for crime scene investigations,
so there's not much.

Speaker 4 (02:03:42):
Okay, all right, so she, yeah, investigation comes home.

Speaker 5 (02:03:47):
And when she comes home and they have.

Speaker 1 (02:03:50):
An actual study course for.

Speaker 5 (02:03:51):
CSI, yes they do. Oh my god, I'm drawn a blank.

Speaker 1 (02:03:59):
It's what school is.

Speaker 5 (02:04:01):
Yeah, it's CMU, the color on Mesa University.

Speaker 4 (02:04:05):
Okay, so I'm thinking, look, you ask them to exterminate
really or is it really the roach thing?

Speaker 1 (02:04:14):
Or does she just want out be up, be b
be straight with me here?

Speaker 5 (02:04:17):
I mean we it's a roach. I mean, she's okay
with the apartment. I as a parent, I wasn't one
hundred percent, but it's you know, what she chose. But
it's the roasting. She's just she says, she's not sleeping,
you know, she's just it's it's bugging her because she
can it's bugging her. It's yeah, literally bugging her.

Speaker 1 (02:04:37):
So listen.

Speaker 4 (02:04:39):
I what I would do is talk to the landlord
and say, look, could you like really exterminate the heck
out of it, but I have a feeling they are,
and I have a feeling they're coming in from neighboring units.

Speaker 1 (02:04:53):
You see.

Speaker 4 (02:04:54):
Yeah, roach problems are very seldom isolated to a unit,
So I'm unless they do all of the units, they're
not going to really get I don't know, they're not
going to get to the bottom or the top or
the They're not going to solve the problem. So it's

(02:05:14):
likely something she's going to have to battle with, have
her own spray, or just live.

Speaker 1 (02:05:19):
With until May. That's just one of the things she.

Speaker 4 (02:05:22):
Might have to do or leave, lose her deposit and
make them come after her for the rest, which they
probably I don't know if they will do you think
they would take the time to do that.

Speaker 5 (02:05:34):
I mean it's hard to say. I mean, I don't know.

Speaker 4 (02:05:38):
Sometimes these rinketing places won't. Sometimes they will, you know,
I mean, I don't know. It's hard to say. But
she hasn't if she has a lease and you can
see no reason to get out of it. In other words,
there's nothing in the lease that allows her to give
notice or get out of there, then you could end
up being sued for the balance. I mean, it wouldn't

(02:06:01):
take much how much you rent? How much does she
pay a month? Nine hundred?

Speaker 1 (02:06:08):
So how much of it is there a deposit?

Speaker 5 (02:06:12):
She got a waiver of deposit. Cool.

Speaker 4 (02:06:17):
Okay, Okay, here's what I want you to do. Then
you call us back. I want you to talk to
them personally and say, look, this is my daughter. She's
freaked out. You know, if you could truly get rid
of the roaches. She doesn't mind staying there. But if
you let us out, we would pay and then come
up with a settlement amount and and say is that

(02:06:39):
possible for us to do and then give it like
a January first, you know, first of the year a thing,
so they can have time to try to rent it.
But that's what I would do if I were you
talk to them directly and then let us know what
they say.

Speaker 1 (02:06:55):
That's the best we can do because.

Speaker 4 (02:06:57):
It's gonna be It's just one of those things man,
that it's going to take someone.

Speaker 1 (02:07:01):
To talk and to. But but if you're asking, do
you have any rights?

Speaker 4 (02:07:06):
Yes, I forgot about the habitability the warranty of habitability.
You have a right to go to the Warranty of
Habitability Act that says and by the way, infestation now
not one or two roaches, but roach infestation is or
or pest infestation is one of the things that violates

(02:07:29):
the Habitability Act. So I want you to google the
Habitability Act, and there is actually, in fact I have
and if you email us, I might I might be
able to locate that and send it to you. I
have a pdf on the steps to take to enforce
the Habitability Act, because there are steps you take with
the landlord to warn them, and in fact, you could

(02:07:51):
google it too, and there's steps you take, okay, and
you if you follow those guidelines, they're pretty strong.

Speaker 1 (02:08:00):
It allows you.

Speaker 4 (02:08:00):
To withhold rent, but you must use the money for
the problem. You can't just withhold rent and say I'm
not paying because I see a bug.

Speaker 1 (02:08:10):
You have to hire people to fix it.

Speaker 4 (02:08:13):
But you know that might be that might be something
to do, justin seriously, because it'll actually allow you to
use nine hundred bucks to do pest control. Go with
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Speaker 1 (02:08:32):
You don't pay a cent until you're content.

Speaker 4 (02:08:37):
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Speaker 1 (02:09:10):
Hi Tom Martino, you're a troubleshooter. Got a couple questions
for John Fuller, like text.

Speaker 4 (02:09:17):
Okay, how much documentation does someone need John for an
accident because they waited and had severe back problems but
it was six months later?

Speaker 1 (02:09:30):
Is that that's gonna be a big problem.

Speaker 4 (02:09:32):
What should you do up front if you're not having
immediate problems but you want to get something down? I mean,
what are you do in a.

Speaker 1 (02:09:39):
Case like that?

Speaker 4 (02:09:40):
Because there are delayed cases of back trauma. I mean,
my surgeon told me that where you could have an
accident that literally shows up a year later. So what
is the answer when it comes to that kind of
stuff like to protect yourself?

Speaker 7 (02:09:58):
Well, you know, we always recommend that people get it
checked out after an accident, but I mean, you can't
document nothing. You know, if you're truly having right and
you're truly having no symptoms, no pain, No, nothing, there's
no reason to really go to the doctor. But if
you're having issues and you know you're not sure if
you're gonna need to treat, and you're just you know,
you're thinking, maybe I should just wait two or three

(02:10:19):
weeks and then maybe I'll go see a doctor if
it doesn't get better. That I think is a bigger
mistake than you know, the guy that has nothing. If
you have nothing, what is a doctor gonna do for you?
You know, they're not going to identify something and say, well, Tom,
you know I predicted you're gonna have pain in six months,
and we better document that. I mean, it's not gonna fly. Listen.

(02:10:40):
The ultimate test is this. You have the burden of proof,
and it's your burden to prove more likely than not
that you suffered these injuries from this crash. How you
do that is you know, it's whatever the jury's gonna want.
But we use medical records and medical experts. If you
don't have the treatment, it's hard to prove that.

Speaker 6 (02:11:02):
So both times we use John, my wife and my
daughter different accidents. They both ended up with a chiropractor
for a period of time, and I always asked John,
I said, well, why can't we just go through they end.

Speaker 1 (02:11:15):
Up right away with one or yeah, yeah, right away.

Speaker 6 (02:11:18):
I mean that's one of the things. A good attorney
like John's going to just get involved instantly. He's going
to maximize the case. And that's one of the ways.
I mean, that's just the way of the world. And
if you have back issues, that's the best way to
do it. But one thing, another thing I learned about
personal injury is when you're going through a system of
health insurance like we have Kaiser, the people at Kaiser
will never write up to kind of report you need

(02:11:40):
to send over to the Atfahl Driver's insurance or in
front of a judge or a jury. They're simply not
going to do it. So you got to have that
right chiro practor that knows how to document the cake.

Speaker 7 (02:11:51):
I think that's important. The right chiropractor. It's not just
any old chiropractor that I sent Mark and Suzanne to.
A particular person that is a trauma expert that deals
in these type of cases all the time, because that
person is uniquely qualified to relate the symptoms and complaints
and the treatment necessary back to the you know, the

(02:12:14):
facts of the accident, and the forces involved. And that's
you know, that's because I know what we're gonna be
challenged with down the road, improving this case to either
an insurance company or a journey.

Speaker 1 (02:12:26):
Yeah, it was.

Speaker 6 (02:12:27):
The other thing is the guy was really good too.
I mean, Suzanne swore by him. So it's not like
some guy that just knows how to write a report.
He's very good at his craft. But if you do
have to get in front of a jury, I mean,
this guy's got it down.

Speaker 1 (02:12:41):
Pat right, Okay. So in other words, and.

Speaker 6 (02:12:46):
Hold on on that note, if I recall, tell me
I don't remember this, but generally speaking, when you're going
to an outside doctor like that and you have somebody
like Kaiser that's not going to pay it, he actually
ended up kind of getting paid at the end, right
when the money came in.

Speaker 1 (02:13:00):
Is that pretty normal?

Speaker 5 (02:13:01):
It is?

Speaker 7 (02:13:02):
I mean, sometimes we use medpay, Sometimes we use leans
where they wait to get paid until the end. Sometimes
people utilize cash paid discounts if they want to just
pay as they go. I mean, we have every manner
of you know, medical treatment financing known to man. I mean,
it just depends on the case and the person and

(02:13:23):
the doctor and everything else.

Speaker 4 (02:13:26):
All right, So, no matter what, an initial consultation would
be almost necessary obviously if you don't do anything, at
least an initial consultation with a doctor and a chiropractor
after an accident to be evaluated.

Speaker 1 (02:13:41):
Obviously, I.

Speaker 7 (02:13:44):
Believe that that's an important part. But again, Tom, it's
only if you're actually injured. I don't I'm not a
proponent for going to the doctor if you feel great.
You know, if you wake up and it's like I'm
not feeling anything, I'm great, there's no reason to go
to the doctor at that point. That's just as if
you're trying to make up something that's wrong when it's
when it's not. You need symptoms to be able to

(02:14:06):
complain of and relate to that car accident.

Speaker 6 (02:14:09):
I would say, the one where we got t boned.
I mean, Suzanne had a broken nose. Every single air
bag in the car went off. I mean, this woman
could have killed us, to be quite.

Speaker 1 (02:14:19):
Frank, And.

Speaker 6 (02:14:22):
Until how do you put this, until the adrenaline wears
off the next day, you don't know, you don't feel crap. Honestly,
you're just it's so terrifying.

Speaker 7 (02:14:34):
The key is, you know, as compared with the idea
of waiting and seeing down the road two or three
weeks versus going the day after the accident. Is always
better to go the day after the accident and get
checked out. It's better to go with symptoms and have
them say really you're fine than to not go and
miss something and miss that opportunity to prove what happened.

Speaker 4 (02:14:57):
And let's face it, John and I get you have
there to take a break. Are just some cases that
don't have big damages?

Speaker 5 (02:15:02):
Of course.

Speaker 1 (02:15:03):
Yeah, And you're the first, and you're the first one
to tell people.

Speaker 7 (02:15:06):
I get them all the time.

Speaker 1 (02:15:07):
Yeah.

Speaker 6 (02:15:07):
But the opposite is there's some cases that have massive, huge,
real damages, people damage, right

Speaker 7 (02:15:14):
That's true too,