The Troubleshooter 9-26-24

Episode Transcript

Speaker 1 (00:00):
Yet you need so you don't have a.

Speaker 2 (00:13):
Suspenski Shooter's gonna help, come Man Dix.

Speaker 3 (00:20):
Is the Troubleshooter Show now, Tom Martino, Well.

Speaker 4 (00:35):
John, Troubleshooter Show on a Thursday. Today. This is Suzanne
Major and we got John Fuller in studio today.

Speaker 5 (00:42):
Welcome to the trouble Shooter Show. Yeah.

Speaker 6 (00:45):
I feel like it's a trial by fire this morning.
So hey, it's the only show of it's kind. We
solve problems, answer questions, and take complaints.

Speaker 4 (00:53):
You sure do a lot of them.

Speaker 5 (00:54):
Huh. Absolutely, Let's see those calls light up this morning.

Speaker 4 (00:57):
Yeah, three oh three Martino, that's three oh three, are
six two seven, eight, four sixty six. You can also
email us help at troubleshooter dot com.

Speaker 5 (01:05):
It's a really interesting day.

Speaker 6 (01:06):
It is my debut as host of this wonderful show,
sitting in for Tom and Mark today. So I am
John Fuller. Most of you know me as a personal
injury attorney. I've been on the show for a number
of years. So we're going to be here to answer
all of your questions today, but in particular, if you
have questions that have to do with personal injury, auto accidents, insurance,
anything of the sort. I kind of do that stuff

(01:28):
every single day, and I'm perfectly willing to answer those questions.
So bring those on or anything else you'd like to,
you know.

Speaker 5 (01:35):
Your stuff sometimes.

Speaker 4 (01:37):
Yeah, you know a lot of consumer stuff every time
you're on the air, you know. And then a personal
injury for sure, Personal injuryco dot com and that's John
Fuller three three five nine seven forty five hundred.

Speaker 7 (01:50):
I'll try and keep them in line.

Speaker 4 (01:51):
Sus Hey, doc, you're working on anything.

Speaker 8 (01:54):
I yeah, I have this really complicated thing with a
dental claim.

Speaker 7 (01:58):
I'm trying to get a.

Speaker 5 (02:02):
Group to represent him.

Speaker 4 (02:05):
What's going on with it. I didn't hear the call.

Speaker 8 (02:07):
Well, this guy had some problems with Elite Dental group
and then they suit him for back for money he
owed them, and at first they wouldn't give him his
medical records. And then we called them and told them, look,
you're not allowed to withhold medical records because somebody owes
you money. It's a separate issue.

Speaker 7 (02:27):
So I got the medical records.

Speaker 8 (02:29):
I had one dentist look over it and he said
he's not sure if there's enough for a case. So
I'm waiting to hear from a malpractice attorney that specializes
in dental claims to see if we can get this
guy some treatment.

Speaker 4 (02:47):
Oh, I didn't know that. So they're trying to withhold
medical records because he owes money.

Speaker 8 (02:51):
Got the medical records. Oh, after I told them that
they can't withhold it.

Speaker 5 (02:54):
Oh nice.

Speaker 8 (02:55):
So I have one dentist look at the records, and
then I'm waiting for a an attorney to give me
his opinion.

Speaker 4 (03:02):
Ah gotchas.

Speaker 9 (03:05):
So listen, your picture looks really good though the YouTuber
said I should just keep you up there.

Speaker 10 (03:10):
Actually, welcome to the show. Listen.

Speaker 9 (03:13):
I just wanted to say something for the I just
had to reboot. I mean that's all I did every
once in a while. That's what happens. You have to reboot.

Speaker 10 (03:23):
John, Thanks for being here.

Speaker 9 (03:24):
I'll be cutting out a little early today for some
personal stuff going on.

Speaker 10 (03:27):
And speaking of I want to bring this up some cases.

Speaker 9 (03:35):
We had that one case that we're not going to
pursue out we didn't mention any schools, but we're not
going to pursue it having to do with a girl
who was on a soccer team of two. So we're
not going to pursue that because the father said, you think, yeah,
the track team. Here's oh, that's right, cross country track.
And she here's what the problem was. She's had a

(03:59):
little school and she wanted to know if she could
get a waiver to go to another school for that sport. Now,
with kids that are homeschooled and all of that kind
of stuff, they allow you to do that, but because
her school has a team, theoretically she can't do it.
So he was wondering why there's only two kids on

(04:20):
the team. They're not getting a really good experience. Can
she go to another school? They won't let him, And
then he decided not to pursue it because the school
is at He loves the school and he doesn't want
to jeopardize the relationship there and jeopardize the scholarship she's getting.
And so bottom line is we're just going to leave
that one alone. But we had another one come up

(04:43):
with that Bo was working on.

Speaker 10 (04:45):
This guy was really pissed off. Now he's talked to
a bunch of people.

Speaker 9 (04:49):
He talked to Duffuty, Scott, he talked to he talked
to Bow again, and then he talked to.

Speaker 10 (04:59):
Other people. I think he talked to the consumer.

Speaker 9 (05:01):
He's saying, you know, I'm being portrayed as a bad guy,
and I'm not a bad guy. This is a guy
that took thousands of dollars down sixty feet sixty two thousand.
His name is Justin Garcia. Now here's what happened. I
may admit, by the way that Carol might even border

(05:23):
on a consumer nut And I don't mean that in
a bad way. I mean there's some consumers that want
to take control. For example, she went out and found
a custom package for her log home.

Speaker 10 (05:34):
I believe it was for a cabin, and.

Speaker 9 (05:38):
Then she contracted Patriot Remodeling Services justin Garcia to build it,
and she took delivery of the materials and then it
went downhill. Justin says, she's getting to involve. She's not
letting me do my job. Okay, well enough, even if
that's true, even if she was a nutjob and she

(06:00):
went out and found her own materials and she was
spearheading the project, and even if it fell apart. Now
she paid twenty eight grand for the pack for the materials,
she paid sixty two it adjusted. It's been a year
and a half. He has done nothing, and he says
she owes him that money because he had costs involved

(06:22):
and penalties. Well, according to the Contractor's Trust Act, that
money should be held in trust and you're not allowed
to penalize people for nothing. I mean, so this guy
justin Garcia, we had people calling him because I said,
look at this is serious, this is serious stuff. And
he says, oh, you don't know the whole story. Well,

(06:43):
I want to know why he feels he can tea
take sixty two thousand dollars. Now, Bo said we should
wait to get him on till monday because we don't
have a copy of the contract he signed with her.
And I'm not waiting till monday because he called us
insisting that he has a right to keep sixty two

(07:05):
thousand dollars for nothing.

Speaker 10 (07:08):
For nothing.

Speaker 9 (07:09):
Now, I don't see how this guy is going to
get away with it, but I want to get him
on today. If he wants to come on the air,
I want to get him on today. And the hell
with the contract. I want to know his justification. Okay, Now,
the reason we don't have Carol's contract is she.

Speaker 10 (07:27):
Had no way to scan it.

Speaker 9 (07:28):
She literally made a copy of it and snail mailed
it to us.

Speaker 10 (07:31):
But I'll bet you Justin has a copy of it.
Maybe he can email it to us. So why don't.

Speaker 9 (07:38):
We try to get Justin Garcia on and he goes
by several names, Patriot Remodeling Services, LLC.

Speaker 10 (07:49):
He also has something else. He calls himself.

Speaker 9 (07:54):
Innate Architects, Architecture, Engineering and Construction, and a host of
other names in the past.

Speaker 5 (08:04):
Yeah, hey, yes, this.

Speaker 10 (08:07):
Is the one who actually dodged me yesterday. Yeah. Now
he wants to come on the air, doesn't he.

Speaker 4 (08:13):
Uh, I'm not sure about that.

Speaker 10 (08:15):
Bo call in.

Speaker 9 (08:16):
Okay, I know Bo's listening. I decided I'm not waiting
till Monday. We don't have to see the contract. I
want to talk to the guy I want to see.
I want to give him every opportunity to clear his name, because,
in my opinion, he sounds like a scammer. Okay, I
don't know under what on what planet he can keep

(08:39):
sixty two thousand dollars. The Contractor's Trust Act says the
money but must be put in trust and spent for
that project. What does that mean, John Fuller, what does
that mean as an attorney spend on that project?

Speaker 6 (08:56):
You know, it's almost like money in our trust account.
At the law firm. I mean, there's some money that
jis flat doesn't belong to you, and you have an
affirmative duty under the law to account for that money
and to be able to, you know, give an accounting
at any time for all the money that's come in
and gone out relative to that particular account. So for
a contractor, it's really no different. You need money up front.

(09:19):
You know, we don't like that, but so be it.
But it doesn't just go in his pocket to pay
his rent or something. It sits in the account and
gets depleted as they buy materials and whatnot for the project,
and at any time they should be able to give
you an accounting of the exact dollar amount there.

Speaker 9 (09:37):
I agree, and I don't understand his reasoning that he
can keep it. So I just wanted to mention that's
one we're working on right now and I really want to.

Speaker 10 (09:47):
I really want to get to the bottom of that.

Speaker 9 (09:49):
So that's what we'll be working on soon also, So
give him a call again, and BO, I know you're
I've got bo.

Speaker 11 (09:57):
BO.

Speaker 9 (09:58):
You know I gave this, I gave this a lot
of thought. I didn't get a chance to talk to
forgive me.

Speaker 10 (10:03):
I have a lot going on today. We need to
talk about this. He indicated he had a right to
keep this money, right bore you?

Speaker 11 (10:12):
Sure it did?

Speaker 9 (10:14):
And under what on what planet does he live where
he can keep sixty two thousand dollars.

Speaker 12 (10:22):
First, I mentioned that Contractor Trust Act and he actually
spouted off the CRS. And he says, why I have
something that's above the contractor trustle And I said, how
could you possibly keep sixty two thousand dollars? And then
he told me he had some materials, And I said,
that is the s because the lady Carol bought all

(10:45):
the materials.

Speaker 11 (10:46):
For the job.

Speaker 12 (10:47):
Even if you did it buy some materials, it didn't
equate to sixty two thousand dollars.

Speaker 9 (10:52):
Now, this this guy spent the money. You want to
make a bet he spent the money. You want to
make a bet he doesn't have it in trust account.
And I want to know why, he says his contract
So he said his contract is above and beyond the
Contractors Trust Act.

Speaker 12 (11:09):
Yes, but he would he would not scan or email
me the contract.

Speaker 11 (11:14):
So I asked Carol to let.

Speaker 12 (11:17):
Me see the contract she has. She's little old school.
She had no way of doing it.

Speaker 13 (11:21):
So she now know it to me.

Speaker 12 (11:24):
And she snailed. She's also emailing me the cashier's check
that she gave to him for the sixty two thousand dollars.

Speaker 10 (11:32):
Now we need to go ahead, okay.

Speaker 14 (11:35):
Dollar told me that he would only.

Speaker 12 (11:37):
Come on the air, which I said, this was hokey
if Carol gave him permission.

Speaker 15 (11:44):
So I see that.

Speaker 9 (11:45):
Now does anyone even understand why he would say that
stupid thing?

Speaker 11 (11:51):
Come on at AS nine?

Speaker 12 (11:53):
So I called Carol last night yesterday afternoon. She's in
a seminar today.

Speaker 11 (11:59):
She's a the person.

Speaker 12 (12:01):
She didn't want to physically talk to him, but she
sent him a text and sent me a copy of
that touched me telling Justin that she's giving him permission
to come on the radio show.

Speaker 11 (12:15):
Now, Tom, I.

Speaker 12 (12:16):
Asked him to come on the radio show last week twice,
and I asked his attorney to come on the radio show.

Speaker 14 (12:22):
He refused to do it.

Speaker 12 (12:23):
He said he didn't have to.

Speaker 9 (12:25):
Well, well, of course he doesn't have to, but he's
stupid not to.

Speaker 12 (12:29):
But if you want to state why he has the
ability or reason to keep sixty two thousand dollars, you
should come on here and explain it to us because
he's a scumbag in my opinion.

Speaker 10 (12:41):
That's me too, me too. But I want him again.
I'm calling him out.

Speaker 9 (12:46):
He doesn't need anyone's permission to come on there. She
came out and talked about him. He can come on,
Come on, man, this guy is this is.

Speaker 10 (12:54):
So slippery justin Garcia.

Speaker 9 (12:57):
Come on, bro huh come on right Patriot Building seven
nine five seven one.

Speaker 10 (13:05):
Zero four to three seven. Come on, Tom.

Speaker 12 (13:08):
If he has a legitimate reason that cupe sixty two
thousand dollars and I'm wrong in this judging him.

Speaker 11 (13:15):
I'll quitt. I'll quit the show, Tippy.

Speaker 10 (13:18):
I mean, come on now, now what reason? You know?

Speaker 9 (13:22):
Here's the thing there, there is none. I just don't
want to get into it. I'm gonna I'm gonna take
a quick break here. This this sucks. I mean, the
guy doesn't have a right to keep the money. Uh
you know, and didn't he say something about four hundred
dollars a day penalty?

Speaker 11 (13:38):
He told dollars he.

Speaker 12 (13:39):
Had four one hundred dollars a day and charges for
every day.

Speaker 11 (13:42):
That get yeah?

Speaker 15 (13:43):
So yeah?

Speaker 16 (13:44):
Really?

Speaker 10 (13:44):
So where where are his losses on that? Okay?

Speaker 9 (13:49):
Anyway, I'm Tom Martine three oh three seven one three
talkwaterpros dot net. Remember the best water system's lowest prices.

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(14:19):
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Speaker 15 (14:34):
You don't pay a cent until you're content, wait.

Speaker 9 (14:39):
Time for an insurance check up free, no obligation in comparison,
call Compass Insurance paying too much your coverage at dozens
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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. Hi tom Orsino,

(15:05):
your troubleshooter three oh three seven one three talk three
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Speaker 10 (15:20):
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Speaker 9 (15:21):
They even they specialize in high efficiency to save you money.
Three oh three seven seven zero two seven seven six.

Speaker 10 (15:29):
So did we.

Speaker 9 (15:30):
Try calling him again? Uh, that scumbag contractor.

Speaker 10 (15:35):
And went straight to voicemail.

Speaker 9 (15:36):
Tom Hi, Yeah, so justin you know, don't don't give
don't give me any crap. Don't give me any crap,
you know, So John Fuller, I do have a text,
by the way, and uh, I got you up on
the camera now.

Speaker 10 (15:49):
So on the I tell people, you know, you can find.

Speaker 9 (15:55):
Out roughly what your case is worth, and how to
how to collect, whether you collect from your their insurance
company or your own, and.

Speaker 10 (16:05):
What do you do to evaluate a case? Somebody wants
to know is it does it have to? They heard
one time?

Speaker 9 (16:13):
And I know you hear all these myths that it's
ten times the injury expense.

Speaker 10 (16:18):
Have you heard that?

Speaker 5 (16:19):
I wish one time.

Speaker 10 (16:20):
Ten times the medical bills? I don't know. So how
do you put a price on this.

Speaker 6 (16:26):
So there's a lot of variables Tom that go into
valuation of a case. And if you just started in
a vacuum and you said, all right, we've we've got
economic and non economic damages, you could add up the
medical bills, and you could add up the wage loss,
and you could roughly approximate what the pain and suffering is.
But there's so much more to it than just that.

(16:47):
You have to look at collectibility. You have to look
at policy limits, you have to look at which insurance
companies are involved, which ones are going to make us
go litigate it to get the full value. I mean,
there's all of these different things that go into it
that the average you know, normal consumer just can't possibly
understand the you know, the relatives of all that information.

(17:08):
Not that they can't understand there there's.

Speaker 10 (17:10):
No formulas, but there is no formula.

Speaker 5 (17:13):
There is not a formula.

Speaker 6 (17:14):
I wish there was, but in twenty two years I've
yet to come across a formula.

Speaker 9 (17:22):
So it's a case by case. And this is not
a text. But going on the topic of what we
just talked about, what about what someone and I hate
putting it this way, what someone is worth, what they make,
what their job is. People some people are owed more

(17:43):
than others. I mean, let's just put it that way.
Is that right or wrong?

Speaker 10 (17:47):
John?

Speaker 17 (17:48):
Oh?

Speaker 6 (17:48):
I think that's definitely right. I mean, you know, again,
you have different categories of damages, and so you know,
I always tell clients you have one basket of damages
and it's unique to you. And so in that basket
we will have all of your treatment, all of your
you know, your medical bills, any future treatment, any limitations

(18:08):
that you have on what you do for fun and
what you do with your family and all these things.
But then also how much have you lost in wages
and how much are you going to lose in the
future if the nature of the injuries keep somebody from
doing their job. You know, let's take for example, you
as a radio host. You if you lost the ability

(18:28):
to speak, that would materially impact your ability to do
your job as a radio host, right, and so it
would only be fair that the guy that caused that
would be responsible to replace that loss.

Speaker 5 (18:42):
And that's that's really as simple as it is.

Speaker 9 (18:45):
So Okay, if somebody is an unemployed ditch digger, what
does that do to the scenario of that.

Speaker 6 (18:54):
Will drastically reduce the value the case. You mean, it
is what it is. You know, the relative economic impact
of a life altering accident for an unemployed ditch digger
is different on paper than for a you know, world
famous radio host.

Speaker 9 (19:11):
You know, you know, really though, it has to do
I guess with what does it have to It has
to do with what your economic damages are. But what
about pain and suffering? Everyone probably deserves the same for
a soar back or not.

Speaker 5 (19:31):
In a lot of respects that loss of life.

Speaker 10 (19:33):
Of enjoyment, that's true.

Speaker 6 (19:35):
But unfortunately those categories are capped in Colorado. So there
is an upper limit depending on the type of the
case and a lot of other factors, but there is
a limit to these non economic, intangible, if you will,
losses in Colorado and in many states. So really the
only damages that are not capped are.

Speaker 5 (19:57):
Your economic losses.

Speaker 6 (19:59):
You know, if you had, for instance, three million dollars
of medical bills, why would it make sense to put
a cap on the amount of medical bill if they
are what they are, and then the same logic goes
along with your wage loss and your inability to earn money.

Speaker 5 (20:13):
That loss is what it is.

Speaker 6 (20:15):
It can't be capped by by some law in a
different state. So it may be capped by available limit. Yeah,
but it's not cap by you know, by by law.

Speaker 11 (20:25):
All right?

Speaker 9 (20:26):
Threeh three Martino three oh three six two seven eight
four sixty six.

Speaker 10 (20:31):
And you can write to us.

Speaker 9 (20:33):
Help at troubleshooter dot com. Whenever you call or right,
we will get you on the show. And there's no
need to wait, so you can call in about that.
We're going to try to get Justin Garcia again to
come on and talk about why he feels he can
keep sixty two thousand dollars and do nothing.

Speaker 10 (20:54):
Would you want a contractor.

Speaker 9 (20:56):
Who takes sixty two thousand dollars and doesn't do a thing. Now,
maybe he couldn't do anything because of circumstances.

Speaker 10 (21:09):
Well, if that's the case, what were you gonna say?

Speaker 5 (21:12):
Give it back?

Speaker 9 (21:14):
That's right, you're supposed to have it in trust for
the job. And as Deputy Bo said, if you have
any expenses, let us know about it, all right. Frank
Duran the real estate man dot com. If you're wondering
what will my house sell for, he can tell you
free of charge complimentary. You know, prices have gone up

(21:35):
just a tiny bit. Demand has gone up, just a
tiny bit, even with small drop in interest rates. Whatever
it is, Frank can determine all the factors and tell
you from experience what your house will sell for. That's
zero three nine to zero sixteen twenty two. Go with

(21:58):
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 all three seven seven
to one help. You'll think you're his only customer when

(22:20):
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 times, Tom Martino, you're
troubleshooter three O three seven one three talks seven one three.

Speaker 10 (22:35):
A two five five.

Speaker 9 (22:38):
So John, somebody texted me and you know this wasn't
this wasn't planned to have a personal injury day. But
I don't care. People text me and let me give
those numbers out. You can text me, but on this
one before I forget Okay, it's on personal injury.

Speaker 10 (22:55):
Somebody wants to know.

Speaker 9 (22:58):
If you have insurance and you get or you have
accident insurance or some kind of coverage on your own,
is the other party who's responsible allowed to take that
into consideration to give you less.

Speaker 5 (23:14):
Short answer is no.

Speaker 6 (23:16):
We call that a collateral source, Tom, And the essence
of it is that if you were if you were
savvy enough to go out and buy insurance company you know,
or buy insurance, you paid for that out of your
own pocket, you know, through your work, through your paycheck.

Speaker 5 (23:32):
Those kind of things.

Speaker 6 (23:33):
We're not going to let the at fault guy take
advantage of and somehow reduce their liability to you just
because you happen to have coverage that kicks in to
pay some or all of the medical bills. So the
short answer is no, we don't do that.

Speaker 9 (23:50):
Okay, So in essence, they have to make you whole.
It doesn't matter what you did on your own.

Speaker 10 (23:58):
I mean, yeah, it doesn't. That's what coverage.

Speaker 5 (24:01):
That's the gist of it. And that makes sense.

Speaker 6 (24:03):
I mean, if you went out and bought you know, again,
you have imagine that you have one basket of damages,
right and all of your medical bills and your wage
loss and everything else is in that basket, and the
at all person is responsible for everything in that basket.
If you happen to take something out of that basket
and pay for it out of your own pocket, you

(24:25):
would feel like you needed to get reimbursed, right, and
that wouldn't shock anybody's conscience.

Speaker 5 (24:30):
I paid out of pocket, You have to pay me back.

Speaker 6 (24:34):
The same is really true for these other benefits that
you've bought and paid for. You took money out of
your pocket. You paid for that coverage. The coverage kicked
in and did what it did, but that in no
way changes the person who caused the damages responsibility for
paying for it.

Speaker 5 (24:50):
And it's been that way, gotty many years.

Speaker 10 (24:52):
Got it all right?

Speaker 9 (24:53):
So back to this contractor thing. Somebody wants to know why,
What if this woman changed her mind, wouldn't that be
I don't think she changed her mind. We're talking about
this woman contracted for a custom build on her lot
with Patriot Remodeling Services and paid sixty two thousand dollars

(25:16):
down to build a cabin provided by another company that
she and she paid for.

Speaker 11 (25:23):
That.

Speaker 9 (25:23):
Okay, so she wanted a custom build for a cabin.

Speaker 10 (25:28):
Okay, but she bought that. Okay.

Speaker 9 (25:32):
Now, even if she put according to the contractor's testag
if she put sixty two thousand dollars down for the
labor and she bought the materials, even if she changed
her mind, that money is supposed to be in trust,
and the only money the contractor can keep is a loss.

(25:57):
What would be a loss? Okay, Let's say he eked
out some time John to do the job and did
not book any other jobs for that time.

Speaker 10 (26:08):
Could he claim that as some kind of a loss.

Speaker 6 (26:11):
Yeah, I mean theoretically he could. I mean, that's the
essence of a trust account, is accountability. Right, You're gonna
have to detail out every single penny that went in
and every single penny that went out. And I don't
think that there's anything in the contractor's trust account that
allows him to contract out of it applying to his

(26:32):
duty to protect that.

Speaker 10 (26:34):
Right now, No, you can't wave your rights like that.

Speaker 6 (26:36):
So suggesting that he somehow has a higher power by
virtue of his you know, wonderful drafting of his contract
is just ridiculous. You know, I'd like you to try
that defense in a criminal court. If they try to
prosecute this guy for, you know, for stealing money from
this lady, and that's what it'll come down to.

Speaker 9 (26:55):
So Dimitri did some searching on this guy as well,
Deputy d and we found.

Speaker 10 (27:04):
Well, let's just let me just ask Jim atriam, what
did you.

Speaker 9 (27:08):
Didn't we find some stuff on him, like some licensing
actions and other stuff from previous companies.

Speaker 5 (27:14):
No, that wasn't me.

Speaker 18 (27:15):
But I did find that he's been operating with three
different companies A and I did find that he's listed
as owner at Innate and they have a Denver phone
number and a Denver address, as well as a Belle View,
Washington phone number and address. And I already texted those
to Deputy Bow a few minutes ago in case.

Speaker 9 (27:34):
What about licensing? Do we know anything about their licensing?

Speaker 17 (27:38):
Bo?

Speaker 18 (27:38):
I remember that Bo gave us an update on licensing
from El Paso County that was yesterday.

Speaker 10 (27:45):
He said he was license there.

Speaker 18 (27:46):
I think that's what I remember both saying.

Speaker 9 (27:49):
So Bo called justin Garcia at Patriot Building and it's
also Patriot Remodeling Services. Listen, it could be anything seven seven,
one zero, four to three seven. And he was pretty
sketchy he said his contract does not fall within the
Contractor's Trust Act. He said that he's has losses from

(28:11):
materials he's purchased, but the license number that he put
on the contract does not ring true with El Paso
County and some other names he's gone by is Innate Architecture, Architecture,
Engineering and Construction, also Patriot Remodeling Services, Patriot Building and

(28:32):
again seven one nine five seven one zero four three seven.
Now he said he's going to go after me. Well,
I'll tell you what, justin, I don't mind if you
come after me. But what I'd rather you do is
you give that money back that's in trust, the money
you didn't spend, the money that you didn't have an expenses,
and I defy you to come up with expenses. Do

(28:55):
you realize it's been a year and a half, right,
it's been a year year and a half. By the way,
give us a call if you have a problems, and
give us a call.

Speaker 10 (29:04):
Way before a year and a half.

Speaker 9 (29:06):
Okay, she waited, tried to work things out with this
guy and then finally called us.

Speaker 10 (29:11):
But Garcia, you're all over our deputies. Off the air.

Speaker 9 (29:16):
Flap in your mouth. You said you wanted to go
on the air. Come on the air. I promise you really,
as much as I'm doing this now and giving my
opinion and calling you down, you come on. I'm gonna
treat you with respect and let you tell your story.
I really am, I really am. But I'm gonna have
some questions too. Okay, you're gonna you're not gonna smooth

(29:36):
talk me, bro, but you can come on the air.

Speaker 10 (29:39):
Come on, Garcia, come on the air.

Speaker 9 (29:42):
Come on the air and tell us why people should
trust you when they give you money that you're going
to do the job or give the money back or
keep it in trust. And I want to know why
you feel you can get around the Contractor's Trust Act.
He's probably meeting with an attorney this morning because he
didn't realize it was going to go this and again,
I want to make sure bo. I want to get

(30:03):
him back up. I want to make sure he contacted
the El Paso County District Attorney. All right, give us
a call three oh three, Martino, you can call anytime.
Three oh three six two seven eight four six six
Denver Regen dot com. Stem cell therapy not only great value,
they're lower than most clinics. They have great products and services,

(30:26):
and I went to them.

Speaker 10 (30:27):
I've had friends go to them.

Speaker 9 (30:28):
They also do hair restoration and they can do a
weight loss of drugs at pennies on the dollar compared
to the market. Denverregion dot com go with a sure
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(30:54):
check up free, no obligation. In comparison, call Compass Insurance
paying too much your coverage at dozens of insurance companies
find out now three all 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 all three nine two zero
sixteen twenty two. Hi Tom Martino here three three seven

(31:20):
one three talks seven one three eight two five five.
We UH have a lot of uh information that I
want to share with you on consumer stuff.

Speaker 10 (31:36):
Okay, it has to do with medical stuff.

Speaker 11 (31:41):
Now.

Speaker 9 (31:41):
John deals with mostly acute medicine, meaning people are in
trouble and they get emergency help. Oddly enough in America,
Not oddly enough in America we have some of the
best acute medical teams in the world for keeping people alive,
resurrecting them from near death and or reviving them and

(32:06):
just getting them back to life. That's emergency medical, but
regular medicine. It's interesting we rank the worst when it
comes to.

Speaker 10 (32:22):
Developed industrialized nations.

Speaker 9 (32:24):
We're the worst, and yet we're one in acute medicine.
The high income countries and that have the worst healthcare.

Speaker 10 (32:37):
We're not the worst. Worst. Well, yeah, we are the worst, worst,
but we're we're in a in a group of.

Speaker 9 (32:44):
The country Sweden, believe it or not, bad, Canada bad,
Switzerland bad, Germany bad, US bad.

Speaker 10 (32:54):
The US is the worst.

Speaker 9 (32:55):
So the bottom five Sweden, Canada, Switzerland, Germany, US. Now
the are developed high income countries. Obviously there are countries
in Africa and around that that have worse healthcare. Okay,
so the best healthcare in the world for high income
countries Australia. That, followed by the Netherlands, followed by the UK,

(33:22):
New Zealand and France.

Speaker 10 (33:26):
I can't I was trying to find a correlation here.

Speaker 9 (33:28):
Now, Sweden, Canada, and Switzerland have socialized medicine, right, I'm
not sure if Germany does on the low bad countries,
but then we don't have socialized medicines.

Speaker 10 (33:39):
We are at the bottom.

Speaker 9 (33:41):
As far as as far as access to healthcare. The
Netherlands have the best, the US has the worst access.
And I always thought it was good access that anyone
could go and get treated, but that's not what they're saying.
By the way, we have more coming up on the
Troubleshooter Show three h three, seven to one to three
talks seven one, three, eight two five.

Speaker 10 (34:00):
Stick around for more.

Speaker 9 (34:01):
We're gonna try to get Justin Garcia on, but we
are taking your calls three oh three seven one three
Talks seven one three eight two five five or three
oh three Martino. Go with a sure thing Denver's best
roofer Excel Roofing dot com.

Speaker 15 (34:16):
You don't pay a cent until you're content.

Speaker 9 (34:19):
Please 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, ripped of you.

Speaker 11 (34:51):
You don't have.

Speaker 16 (34:54):
Come runing just as fast as we can.

Speaker 2 (34:58):
Shoot 's gonna help man.

Speaker 5 (35:01):
This is the Troubleshooter Show.

Speaker 9 (35:04):
No Tom Martino, Hi, Tom Martino here three zero three
seven one three talk three oh three seven one three eight.

Speaker 10 (35:14):
Two five five.

Speaker 9 (35:16):
So we are here to help you, and we do
it every single day. Solve problems, answer questions, take complaints,
and make your life just a little easier. And we
have this ongoing case that we've been talking about that
we'll get to. Deputy Bow has been in touch with

(35:36):
the El Paso County District's Attorney's office and we'll be
talking to the investigator there about violations of a Contractors
Trust Act. Right now, Richard is on the phone and
wants to talk about a quit claim deed, which a
lot of people call quick as in fast. It's actually
quit as in I quit my claim and give it

(35:56):
to you.

Speaker 10 (35:57):
What's going on, Richard, Well.

Speaker 19 (36:00):
It's all first statement call I had my dad did this,
he quit claimed it to me at the beginning of August.
And last regards listening to your show, you said there
are some people think they can do it a certain
way and it ends up being the wrong way.

Speaker 10 (36:13):
Well, it depends on what. It depends on. How why
did he quit claim it to you?

Speaker 19 (36:21):
Well, okay, my sister lives there and stood there for
ten years and she's just not capable of taking care
of the place and so, and he's getting up there
in years.

Speaker 11 (36:29):
So I guess he just thought that was probably the
best and do.

Speaker 10 (36:33):
But why, what was the what was Richard?

Speaker 9 (36:35):
What was the point he wanted to leave the house
to you when he dies. If he wanted to do that,
he should do a beneficiaries deed. If he did a
quit claim deed when he's alive, that's a legal way
to do it as well.

Speaker 10 (36:49):
Does he owe money on the house?

Speaker 9 (36:52):
No, okay, so a quit claim deed would be strong,
but it's not wise.

Speaker 10 (37:01):
He accomplished what he wanted. The house is now yours, okay,
But he screwed you. Here's why.

Speaker 11 (37:11):
How is that?

Speaker 9 (37:12):
Here's why if it was a beneficiary deed or left
in a will or left in a trust, meaning all
three of those ways, all three of them happen at death,
the trust, the will, and the beneficiary deed. The beneficiary

(37:32):
deed is him on the deed with you taken over.
So all three of those happen at death. At death
the day of death, the house has a day of
death value. That value is presumably market value. If you

(37:53):
want to sell the house then or shortly after, you
will have hardly any capital gains taxes to pay because
you're not going to make that much of a profit.
If he leaves the house to you on the day
of his death. Let's say it's worth five hundred thousand

(38:14):
and you sell it for five hundred, there's no capital gains.
If you sell it for six hundred, you have one
hundred thousand dollars in capital gains. Okay, Now, what he
did by quit claiming it to you, you inherited his
basis for the property, his value at the time he

(38:35):
bought it.

Speaker 10 (38:36):
How long has he been there?

Speaker 13 (38:41):
What I would guess he'd probably owned it for ten
years to it was a will to my grammar to him.

Speaker 9 (38:47):
What did he buy it for or what is his
basis when it was willed to him?

Speaker 11 (38:54):
Honest time, I don't know.

Speaker 10 (38:55):
Well, let's take a guess what's it worth now?

Speaker 16 (38:59):
Right now?

Speaker 19 (39:00):
According to the City and County stuff, it says four
hundred and thirty three thousand.

Speaker 10 (39:03):
Yeah, you can't go by that. You don't go by
the tax assessment.

Speaker 9 (39:08):
Okay, so it's probably more like five point fifty or six.
But let's say, just for argument's sake, it's five hundred. Okay,
what do you think, just roughly, what do you think
he bought it for? Well, just doesn't go ahead, just

(39:31):
as an.

Speaker 11 (39:32):
Exam it was it was will to him from my grandmother.

Speaker 9 (39:35):
I understand that the day that she died. What do
you think the house was worth? That is your dad's
base iss, Let's say for argument's sake, it was two.

Speaker 10 (39:48):
Hundred two fifty.

Speaker 9 (39:50):
Let's say two fifty okay, okay, now that is now
your basis when he quit claimed it to you two fifty, not.

Speaker 10 (40:00):
Day of death. Out Now, that means if you sell.

Speaker 9 (40:04):
It for five hundred, you're going to pay tax on
two hundred and fifty thousand dollars, whereas you would not
have paid that tax if you got it on the
day of death.

Speaker 10 (40:16):
Do you see the difference?

Speaker 11 (40:17):
Oh my god, yes, it's horrible.

Speaker 9 (40:19):
Yeah, so he cost you right now if the Democrats
have their will to be more, but right now it's
twenty percent fifteen federal and five percent state. So you
are going to pay twenty percent on that. So if
you make whatever you make, take twenty percent off of
it on that house, and you don't get to count

(40:40):
the basis on the day of death. You have to
go back. So you need to find out what that
house was worth. You literally need to check the records
and go back to the day he inherited it. That's
his basis and that's your basis now. And I don't
think there's any way to undo it. I think he
just screwed your But you know, so many people do this.
Oh so the government loves it because they get a

(41:02):
lot of tax from people who don't know the law.

Speaker 10 (41:05):
They get a lot of tax. So so if.

Speaker 9 (41:10):
You if you make too fifty on this house, you're
looking at a tax of fifty thousand dollars.

Speaker 14 (41:19):
Jeez, I was afraid when he said last week this
is gonna happen.

Speaker 10 (41:23):
When did he quit claim it? When did he quit
claim it first of August?

Speaker 11 (41:29):
Why?

Speaker 10 (41:30):
I mean he thought he was doing the right thing.

Speaker 11 (41:34):
Yeah, yeah, all.

Speaker 10 (41:37):
Right, that's too bad. You know what I do want
to talk?

Speaker 9 (41:41):
Can we did you say, Kachina that mackenzie's not available
this week? Did you tell me he was not available
this week? Dan McKenzie, you are correct?

Speaker 10 (41:53):
Okay?

Speaker 9 (41:54):
Is Kiling Park available? I want to see we can
undo this is Kiling Park Triday, damn it.

Speaker 10 (42:01):
I have two experts and they're both.

Speaker 9 (42:04):
Gone for the for the week. I want to know
if we can undo it. Who else can we ask?

Speaker 4 (42:12):
Maybe David Salisbury he retired.

Speaker 10 (42:15):
I don't know if he I don't know what Tom,
but he still knows stuff.

Speaker 9 (42:19):
Dan McKenzie's in quart or what is he on an issue?

Speaker 10 (42:23):
By the way, Not sure Tom?

Speaker 7 (42:25):
What if he quit claims it back to his dad?
Wouldn't that just undo the deal?

Speaker 10 (42:29):
That hold on? Now?

Speaker 9 (42:31):
That's what I was thinking, except now his dad I
think gets a new basis too.

Speaker 17 (42:36):
I have.

Speaker 10 (42:38):
Yet good point, John, Yes, oh man.

Speaker 9 (42:44):
I wonder who would know? God, this is a really
important question. We might have you back tomorrow to talk
to Kiel and Park.

Speaker 10 (42:54):
They're going to be available tomorrow. Let's hope we can
undo it.

Speaker 9 (42:58):
I don't think you can because I I think once
it's recorded now it's a whole new ballgame. Now when
it goes back to him. I don't think that Man,
gets his old basis back, which might be better. Actually,
well no, no, no, wait wait wait wait wait if
he inherits his dad's basis, and then the guy who
gets a quick claim inherits maybe wait, I don't know, doc,

(43:21):
maybe maybe let's just wait and see. We're gonna try
to find an expert today. We can't get one of them.
We'll get you on tomorrow. Okay, Richard.

Speaker 11 (43:32):
Was great, thank you.

Speaker 9 (43:33):
Yeah, and listen, people, how many times do I have
to say this, don't try to do a state.

Speaker 10 (43:42):
Planning on your own. You're screwing yourself. Just don't do
it on your own.

Speaker 9 (43:49):
Okay, you know these quick claim deeds, they're so stupid.
Here's another stupid thing. When you have these people limiting
the gifts they're giving to their grandkids and to their
their kids and their nieces and nephews for college and

(44:10):
all that, they're limiting it to that sixteen thousand dollars limit.

Speaker 10 (44:15):
There is no limit. Okay, there is no limit. Oh,
I can.

Speaker 9 (44:19):
Only gift sixteen thousand dollars to my people per year.

Speaker 10 (44:24):
No that's not true, not true.

Speaker 9 (44:28):
You don't pay tax. If you pay more, you can
give you right now.

Speaker 10 (44:34):
I'm just going to tell you right now, the way
the law.

Speaker 9 (44:35):
Is, you can give one million dollars of your money
as a gift to anyone and they don't pay tax
on it. Right now this year, one million dollars, no
gift tax. Do you understand that. Here's what the law
says when it goes over. Please remember this because I

(44:59):
have gotten a attorneys who don't even know this. Every
dime over the sixteenth ho or whatever the limit is,
I think it's sixteen. Everything over the annual limit goes
against your lifetime exemption. Right now, we have a lifetime

(45:22):
exemption individually of about fifteen or sixteen million dollars, which
means we can give away up to fifteen or sixteen
million dollars in our lifetime without any estate tax. Now,

(45:45):
if you give sixteen or below, it doesn't count against
that lifetime limit. If you give more than sixteen, the
amount above the sixteen only that amount goes against your
lifetime exemption of the sixteen million, which is thirty two

(46:09):
million for couples.

Speaker 10 (46:11):
I might have it off a few million, but basically
the concept is true. You don't have to.

Speaker 9 (46:18):
Limit your gifts unless you're bezos or elon muskers or
actually anybody that will leave more than sixteen million behind. Okay,
so don't go through all these conniptions. I had a
guy worth a bucket of nails who said, oh my god,
my mom.

Speaker 15 (46:37):
Gave me more than fourteen grand.

Speaker 9 (46:39):
I don't know what to do because at the time
the limit was fourteen grand. He's thinking he's got all
these taxes do so that's it. Don't try to do
a state planning on your own.

Speaker 10 (46:51):
Okay.

Speaker 9 (46:51):
That's why we have people like Killing Park and Dan mackenzie.
In fact, let me give out mackenzie's number, because I
was supposed to do a spot form anyway. Dan McKenzie
McKenzie Law eight three three COO plans eight three three
co plans. He's live and local, but that's just an
easy name to number to remember.

Speaker 10 (47:09):
Eight three three co plans.

Speaker 9 (47:18):
Go with a sure thing Denver's Best roofer Excel roofing
dot com.

Speaker 15 (47:22):
You don't pay a cent until you're content.

Speaker 9 (47:28):
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. Hi Tom Martino,

(47:52):
your trouble shooter three O three seven one three talks
seven one three eight two five five. All right, So
Brian has a question about real estate taxes.

Speaker 10 (48:05):
Hello, Brian, what's going on?

Speaker 11 (48:07):
Man?

Speaker 14 (48:08):
All right? Tom?

Speaker 11 (48:09):
Thanks for talking, sir.

Speaker 17 (48:11):
Yeah, so I've got I heard you talking about taxes
and real estate. So if ye about my specific scenario.
I bought a new house, moved into it, and been
waiting to sell my current house. I'm carrying two mortgages whatever.
I always do things the hard way. We I'm just
trying to understand what is my capital gain gonna look like,

(48:34):
uh my burden when when I actually do it to
the closing table.

Speaker 9 (48:39):
Okay, Now you have a primary residence that you're going
to sell.

Speaker 10 (48:43):
Is that correct?

Speaker 11 (48:45):
Yeah?

Speaker 9 (48:46):
Okay, let's talk about your primary residence. A lot of
people think capital gains are contingent upon whether you bought
another house or not. It's not anymore capital gains. I'm
going to simplify it. Capital gains were this way, you
pay capital gains on whatever you make on your private

(49:07):
residence above the exemption for private residences. Okay, now, it's
that simple. So it doesn't matter if you buy another house,
or if you buy a yacht or don't buy anything
and just piss the money away.

Speaker 10 (49:22):
It doesn't matter.

Speaker 9 (49:23):
It used to be when you bought a house more expensive,
you deferred the gain. That does not apply to residential properties.
Right now, it's very simple. A single taxpayer is given
an exemption. They can make a profit of two hundred
and fifty thousand dollars and not pay a dime of tax.

Speaker 10 (49:45):
Now, if you own it with.

Speaker 9 (49:48):
Your spouse, you each get two fifty for a combined
total of five hundred thousand dollars exemption.

Speaker 17 (49:55):
Okay, okay, well that's real simple.

Speaker 10 (49:59):
I'm in the clear, yes now.

Speaker 9 (50:01):
But let's just say you, how do you figure your basis?
A lot of people figure what they paid for the house.

Speaker 10 (50:09):
But if you put.

Speaker 9 (50:10):
Carpeting in the house or any permanent improvement that's not
window coverings unless they're built in shutters and stuff. But
if they are regular, if they are permanent improvements to
the house, like landscaping, carpeting, painting, new furnace, new water heater,

(50:32):
any of that can be added to the purchase price
to give you your new basis. So you're allowed to count
everything you spent on that house for permanent improvements to
get your basis as high as possible. Once you get
your basis, once you get your bases legally to as
high as possible, then you can also subtract or add

(50:54):
to it any selling expenses, commissions and everything. So the
only thing they look at is pure profit. So if
you have a pure profit under two point fifty, as
a single taxpayer, you're not going to pay any capital gains.
Do you own it with your wife or alone?

Speaker 20 (51:12):
So it's in my name only?

Speaker 9 (51:14):
Okay, well I think we're It doesn't matter. It doesn't
matter if it's just in your name. If you both
have is it both your primary residence?

Speaker 11 (51:24):
Yeah? Yeah, so it's both of them.

Speaker 9 (51:25):
Yeah yeah, So anyway, you would talk to an accountant
about that. I believe that you're not going to worry
about it though, And and do you are? Do you
have any nibbles on the house? Again, do you have
any nibbles?

Speaker 10 (51:38):
I mean anybody selling the house? I mean, what's going on.

Speaker 17 (51:40):
Actually we okay, so the day after it was announced
they're dropping the rate, we went we got.

Speaker 9 (51:45):
An offer and went under contractor oh that's great stuff.

Speaker 11 (51:49):
We're wiping way.

Speaker 17 (51:50):
So that brings up another question. Do I get since
you said expenditures of of of perch or of selling,
does that include the fact that I'm paying too more?

Speaker 11 (52:00):
Do I get to wipe that?

Speaker 17 (52:00):
Second?

Speaker 10 (52:01):
Mor Well, what does that mean?

Speaker 9 (52:03):
Well, the mortgage, the mortgage has nothing to do with it.
In other words, it's the profit you make obviously if
that if you refinanced, and it's sometimes the mortgage counts
some of that, doesn't. All you look at is what
you bought the house for and what you added to
it in improvements. That's all that matters.

Speaker 10 (52:25):
Okay, okay, Yeah, and then that will count, does not?
What's that?

Speaker 11 (52:30):
Okay?

Speaker 17 (52:31):
Yeah, the cost of selling that you mentioned, that doesn't
include the four months of paying on two more?

Speaker 9 (52:36):
No, no, no, no, no, it does it does count.
It does count. The what you call it does count.
The commissions you pay will count.

Speaker 8 (52:45):
However, Hey, Tom, does landscaping count or is it only
the physical house?

Speaker 9 (52:50):
Landscaping would if it's part of the property, permanent property
if you did a patio, if you did a tree,
if you did it's all goes to that property.

Speaker 17 (53:00):
All right, man, we're gonna do fine.

Speaker 9 (53:02):
Thank you, Mark, Thank it. I think it's great. I
think you're going to sell now, especially with it. Oh
you just said you did, you have a contract, So
I wish you the best. Three oh three seven one
three eight two five five.

Speaker 10 (53:15):
So what is your question? What is your complaint? What
is your need?

Speaker 9 (53:18):
We want to help you all at three O three
seven one three talk seven one three eight two five five.
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Speaker 15 (53:56):
You don't pay a cent until you're content.

Speaker 9 (54:00):
Wait 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 all 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
all three nine two zero sixteen twenty two. Hi Tom

(54:26):
Martino here three O three seven to one three talk
three all three seven one three eight two five five.

Speaker 10 (54:35):
What's going on? Let's talk? So I have Let me
just get this one here. Okay.

Speaker 9 (54:43):
I had another question because we were talking about this
capital gains. Somebody wanted to know about commercial property. Does
the exemption apply?

Speaker 10 (54:51):
No, it does not.

Speaker 9 (54:53):
But what a lot of people do is when they
have a rental, they build up a lot of that
in a rental.

Speaker 10 (55:00):
Then they sell their primary residence.

Speaker 9 (55:04):
They take the tax exemption, They move into their rental
for two years, and then sell it because it has
to be two of the last five, and they get
another tax exemption. Now, there are some builders and the irs.

Speaker 10 (55:24):
No one has ever caught up with them. Now I
don't I shouldn't even use the word caught.

Speaker 16 (55:27):
Up with them.

Speaker 10 (55:28):
They don't say anything about it because it's illegal. And
here's what it is.

Speaker 9 (55:33):
They build a house or fix up a house, fix
and flip or or renovate or whatever. Right, Or they
build a house and they live in it for two
or three years, sell it, get all that exempt, They
get five hundred thousand tax free.

Speaker 10 (55:49):
Do it again, five hundred thousand tax free. Do it again.
Not bad? Is it? I mean? Really not bad?

Speaker 9 (55:57):
And fix and flippers can do that too, even if
you sell it out right, but it is a way
to live tax free. Now, on top of that, if
you want to make that even better, you can have
some of the I'm getting really weird here, but you
can have some of the money that you build a
house with from your overfunded life insurance and that's growing

(56:22):
tax free.

Speaker 10 (56:23):
You borrow from your life insurance.

Speaker 9 (56:26):
Policy to do the house. You sell the house tax
free as part of your personal exemption. Then pay back
your life insurance policy for the money you put out
for that house, and you pay yourself the highest interest allowed,

(56:46):
and that interest goes to your cash value of the
life insurance. So now you've just made a ton of
money on your life insurance which is growing tax free,
so your cash value.

Speaker 10 (56:58):
Is going up.

Speaker 9 (56:59):
Then you made a ton of money on your house
that you didn't pay tax on.

Speaker 10 (57:03):
Think about this.

Speaker 9 (57:04):
So now if you do that back and forth with
an overfunded life insurance policy and spec homes and you
build up now that you keep making tax free money
from the spec homes, that money, you do anything you
want with a tax free but when you pay back
your life insurance, you pay it back with top interest.
That's going to shelter more and more cash, growing tax free.

(57:27):
So then what do you do with this big bundle
of money in your life insurance. Well, we've said that
a million times again. I'm not saying this is the
only investment you should have or whatever, and it has
to be time appropriate. But if you overfunded life insurance
and built up a ton of cash, the value that
grew tax free. Normally that would be taxable if you

(57:49):
took out disbursements. But if you did it the right way,
you're not going to take your disbursements.

Speaker 10 (57:54):
You're going to borrow from your life insurance borrow from it.

Speaker 9 (57:58):
So let's say you're sixty five, seventy fifty five, whatever
age you're older. You're retiring. You're not a dumb worker
like me who wants to keep working. So let's say
you retire and you take monthly payments pick one ten grand,
ten grand a month, five grand a month, two grand

(58:18):
a month, and their policy loans or take it take
it once a year. You know, a fifty sixty to
seventy five eighty thousand dollars loan.

Speaker 10 (58:28):
Live on it as income, but it's the loans. You're
not paying tax on it.

Speaker 9 (58:34):
So what happens to all these accumulated loans on your
life insurance? When you die, the life insurance proceeds pay
them off. So I've just given you a strategy as
a fix and flipper or builder to make money the
rest of your life tax free and grow a retirement
fund tax free. There you're welcome. Three h three seven

(58:57):
one three talks seven one three A two five five.
So I want to bring up Deputy d right here,
and I want.

Speaker 10 (59:06):
To bring up there's a reason, well there's a big reason.

Speaker 9 (59:09):
I'm bringing them up because he did some research here
on the Consumer Protection Act. You're on camera now, so
on the Consumer Protection Act. D. This is important, John,
you know about the Consumer Protection Act too. The Consumer
Protection Act is a wide reaching We always talk about
the Contractors Trust Act, but.

Speaker 10 (59:31):
The Protection Act is very wide reaching.

Speaker 9 (59:34):
And one of the things that I like about it
is the wording about deceptive trade practices. God, does that
handle a lot of stuff. John, I guess you can
attest to that. I mean deceptive trade practice. That's open
for a big interpretation. Deceptive trade practice, I mean, think
about it. So what we're saying is, let me just

(59:56):
bring us all up here. What I'm saying is is
that the Consumer Protection Act says this, this, this, and
deceptive trade practices.

Speaker 10 (01:00:04):
Right, let me get your mic on.

Speaker 9 (01:00:06):
There you go, So, d Yes, there were some interesting
things in the in the Consumer Protection Act.

Speaker 18 (01:00:13):
Yes, this is the body of law encountered called the
Colorado Consumer Protection Act. And the part that really excites
me here in the context of that dirty contractor that
we just discussed earlier, is that it provides for three times,
and I'm reading directly from Justia, three times the amount
of actual damage is sustained if it is established by

(01:00:33):
clear and convincing evidence that such person engaged in bad
faith conduct, plus attorney's fees and cost of the action.

Speaker 10 (01:00:43):
Wow, John, did you know about that that?

Speaker 9 (01:00:45):
I never knew the Consumer Protection Act provided for attorney's
fees and treble damages.

Speaker 10 (01:00:50):
I didn't know it.

Speaker 5 (01:00:52):
Yeah, they do.

Speaker 10 (01:00:53):
The only.

Speaker 5 (01:00:54):
The only problem with that.

Speaker 6 (01:00:55):
I mean, as you as you look at all these
different things, Tom, is you have to kind of really
look down the road. Is it possible that a judgment
that we obtain under this act. I mean, even though
it may be trouble damages plus fees and stuff, what's
to stop the guy from running right across the street
and bankruptcy, you know, versus on the other hand, if

(01:01:18):
the DA actually decided to prosecute him. In addition to,
you know, the very real possibility that a jail sentence
would be imposed. And I've had clients that have gone
down that road. They get a restitution order that cannot
be discharged in bankruptcy. I mean, you know, you may say, well,
the guy's in jail, so he can't pay, but he

(01:01:40):
probably is not really going to be wanting to pay anyway,
even if he's not in jail. But at least your
judgment is not dischargeable and goes away. I mean, it's
just like a re victimization if they go to the
bankruptcy court.

Speaker 18 (01:01:55):
I found something else on a big time Denver criminal
defense attorney's website. This is in the context of the
contractors the contractors trust Act, Truck Trust Act. He says
that violations of the car to Trust Act UH will
lie against contractors and even officers, owners and principles of

(01:02:18):
the corporation and and the corporate veil will not protect
them from liability and card under under that act.

Speaker 5 (01:02:26):
Wow, yeah, that's that's true. But it but bankruptcy will.

Speaker 10 (01:02:32):
And so then well, unless it's fraud, right, I mean,
if it's I mean, if.

Speaker 6 (01:02:35):
There's a fraud exception of course, but I mean you
still got to get to you fraud. What he's talking
about there is you know, this, this idea of a
corporate veil is what people say all the time that
I can just I could just hide my assets in
a corporation and therefore nobody can touch me.

Speaker 5 (01:02:50):
And that's really not true, of course. But you know,
I don't know.

Speaker 10 (01:02:55):
No, no, I I know what John, John, I know
what you're saying.

Speaker 9 (01:02:58):
If it's fraud, it's not dischargeable. But you have to
prove fraud or you have to at least bring a
big enough claim against you know, because financial difficulties, you
could violate the Find the Contractor's Trust Act through financial difficulties,
and that would and that would be bankruptible so to speak,
it would be dischargeable.

Speaker 6 (01:03:19):
So you know it's I used to do criminal defense work, okay, Yeah,
back in the day, so to speak. And there is
nothing that will make criminal charges go better in court
for you than making your victims whole.

Speaker 10 (01:03:34):
Okay.

Speaker 5 (01:03:35):
I mean you've got a choice.

Speaker 6 (01:03:37):
Don't make them hole and go to prison, or make
them whole and have the chance of coming out of
something with probation or something. You'd be amazed how many
people get motivated to bring something in and try to
make these victims whole.

Speaker 10 (01:03:51):
Yeah, I got you.

Speaker 5 (01:03:51):
It's a beautiful thing, all right.

Speaker 9 (01:03:53):
We have more coming up on The Troubleshooter Show three
h three seven to one, three talks seven one, three, eight,
two five five. 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,

(01:04:16):
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 all three nine two zero sixteen twenty two.

(01:04:38):
Hi Tom Martino, your Troubleshooter three oh three seven one
three talk three oh three seven one three eight two
five five, So get your calls in. If you have
any questions, problems or complaints. Call has been light today
for some reason. You know, it's amazing to me how

(01:04:59):
some days we can't breathe. But keep this in mind.
You can call throughout three Martino even after. If you're
listening to a podcast and you're wondering how to get help,
you call right that moment. And if you leave a
message on that call on that uh, on that machine
or not a machine, just leave a message voicemail. We'll
get back to you, okay, bottom line Now, three out

(01:05:19):
through Martino will ring right through the studio too when
we're here. That's three oh three six two seven, eight
four sixty six or three oh three Martino.

Speaker 10 (01:05:27):
We also have an email.

Speaker 9 (01:05:29):
Address, help at troubleshooter dot com. Help at troubleshooter dot com.
So I people are texting me, by the way, and
you can text me at seven four seven, nine nine
nine fifty two eighty. That's my personal personal text on
my personal Google that is forwarded to.

Speaker 10 (01:05:50):
My cell phone.

Speaker 9 (01:05:52):
Now, Tom, how many different healthcare systems do we have?
We have Medicare, Medicaid, Tricare, private employer provided, no insurance,
no in.

Speaker 10 (01:06:00):
In self pay. It's ridiculous.

Speaker 9 (01:06:02):
We need universal, socialized medical That's why we ranked so low.
You know, I will say that healthcare and medical care
is one area John, you can chime into. You deal
with it more than anybody. The healthcare system. I mean,
we need something. I think I hesitate to call it

(01:06:25):
universal or government provided, but there could be a limited
number of carriers, mandatory participation in a way that saves money.
The Obamacare that the benefit Obamacare did it trust me.
There were a lot of people hurt by it. A
lot of people fell in the cracks where they had

(01:06:45):
giant deductibles and they may as well be uninsured. But
there are also people who were covered by Medicaid that
were never covered before.

Speaker 10 (01:06:56):
That's the one good thing it did. It expanded meta deca.

Speaker 9 (01:07:00):
Now I believe the Medicare system is one of the
best run systems in the world. Medicare, it's a great system.
Now Medicare for all.

Speaker 10 (01:07:12):
I don't know.

Speaker 9 (01:07:13):
I think healthcare, though, is one of those areas. And insurance, okay,
because we're talking about health care and insurance are tied together.
I think that insurance ruined the health care industry. Insurance
actually put a layer of administration and cost there that
wasn't there before. You know, if you really look at

(01:07:35):
how doctors are reimbursed, for example, for births, and deputy
doc will tell you this, when insurance came in and
the prices went up, he didn't get more money for
delivering a baby. He probably got reimbursed the same radio
always has been getting reimbursed. But everyone else was making
money around him, mainly insurance.

Speaker 10 (01:07:55):
I say they were like the mafia.

Speaker 9 (01:07:57):
They inserted themselves into the healthcare system. Most of our
costs right now in healthcare, most of our costs is
administrative and insurance.

Speaker 10 (01:08:06):
It's not the actual provider now.

Speaker 9 (01:08:09):
The actual provider raises those costs because of the insurance
and the administration. So yes, it appears as if they're
all charging too much, but they're doing that to keep up,
just to have enough to keep for themselves. It's it's
a god, it's it's a complicated situation. So what is

(01:08:29):
the answer. What is the answer? John, What do you
think the answer is? To a healthcare system? Do you
like some kind of I don't like using the words
socialized because it sounds because we have we're obviously we
don't want socialism. But some kind of universal healthcare maybe
you ought to talk about that.

Speaker 10 (01:08:48):
I don't know that.

Speaker 9 (01:08:49):
To me, we need to do something because what we
have isn't working anyway. Three oh three seven one three
Talks seven one three eight two five five. We have
more coming up on the Troubleshooter Show. Stick Around three
oh three Martino three oh three six two seven eight
four sixty six. Go with a sure thing Denver's Best

(01:09:16):
roofer Excel Roofing dot com. You don't pay a cent
until you're contents. 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

(01:09:38):
estate Man dot com to list your home with Remax
Alliance three oh three nine two zero sixteen twenty two.

Speaker 1 (01:09:50):
D need advice, so you don't have.

Speaker 16 (01:09:57):
Come run in chess as can ye.

Speaker 2 (01:10:01):
Shooter's gonna help.

Speaker 16 (01:10:02):
Come man, This.

Speaker 3 (01:10:05):
Is the Troubleshooter Show. Now, Tom Martino.

Speaker 6 (01:10:10):
Well, come back to the Troubleshooter Show. This is not
Tom Martino. This is John Fuller sitting in for mister
Martino who is out for the rest of the day,
and joining me here in the studio is the lovely
Suzanne and uh doc hey John, And we're here to
take your questions, answer your issues, do our best to
solve your problems. Give us a call. The Alliance are

(01:10:32):
wide open right now at three oh three seven, three eight,
two five five.

Speaker 5 (01:10:38):
Many of you know me.

Speaker 6 (01:10:39):
I am a personal injury attorney here in Denver, Colorado.
I have been for twenty two years, which seems like
kind of a long time. But in that time I've
had a wide and myriad, you know, selection of cases
that makes me qualified to talk about almost nothing. But nonetheless,
here I am, and I'm ready to take your call

(01:11:00):
and give us a shout. Now, Tom kind of teased
the last hour with this concept of health insurance, and
I'm not going to leave that alone. Although I'm coming
at it from a different perspective because I'm a really
more of a consumer because my clients are all hurt
and they're all trying to get medical care, and we,

(01:11:22):
as a personal injury firm, are We're interested in getting
our clients taken care of. We're interested in getting them
the care that they need. And over the time that
I've been practicing, we've gone through a system where all
of the healthcare that was related to car accidents was

(01:11:43):
paid for under your car insurance. And that was the
old no fault system that we had that we voted
out almost almost twenty years ago, now to a system
where really there is no mechanism to automatically pay for
your health care than a voluntary quote unquote mandatory voluntary

(01:12:05):
coverage called medpay. And you guys have heard me talk
about medpay a million times. The only problem with medpay
is it's not a very big policy. By default, it
comes in at only five thousand dollars and you can
get more. But you know, most of the time, if
we have medpay, it's the five grand and that's what
we're dealing with. And so my job usually is to

(01:12:27):
beg borrow and steal the various sources of medical care
be it Medicare, Medicaid, private health insurance, medpay leans. You know,
just doctors having to treat, or at least emergency rooms
having to treat almost involuntarily because the law forces them

(01:12:48):
to take care of people that land in the emergency
room and everywhere in between. And so I don't know
what the right answer is. I can tell you that
you know, in my opinion, medicaid is not the answer.
Medicaid is great when you're injured very badly and you

(01:13:08):
go to the er and they do a great job
taking care of you up until you get discharged. And
then once you've been discharged, the challenge becomes getting that
ongoing care and trying to fit into the rules that
medicaid dictates on people, such as how many physical therapy
appointments you have to go to before the authorize an

(01:13:29):
MRI or.

Speaker 5 (01:13:30):
Stuff like that.

Speaker 6 (01:13:31):
So using medicaid and trying to select your own medical
providers is an almost recipe for disaster. I don't know, doctor,
did you get involved in medicaid claims?

Speaker 8 (01:13:44):
But the point is kind of similar. It often is
up to the insurance company rather than the doctor, to
decide what treatment is appropriate. So we have to jump
through hoops if we want to do something that the
insurance company says, well, we don't think this is the
proper motor treatment, and then we wind up having to

(01:14:05):
write letters to the medical director and justify it rather
than just letting us make a decision on what we
think is best for the patient, which is what we've
been trained for for all those years.

Speaker 6 (01:14:18):
And meanwhile the patient goes just waiting, trying to get
the treatment that they need and suffering through whatever's going on.

Speaker 10 (01:14:25):
Exactly, I didn't.

Speaker 4 (01:14:26):
Realize, John, I mean, I'm kind of stuck when you
said it was way different twenty years ago. I didn't
realize that. I guess before what you could go directly
through your healthcare insurance when you're injured in an accident.

Speaker 6 (01:14:38):
So no, the crazy thing is that in this no
fault system that we had before, we didn't use our
own private insurance for the treatment related to car accident.

Speaker 4 (01:14:46):
What did you use?

Speaker 6 (01:14:47):
We used our own car insurance, and we had a
coverage called PIP or personal injury protection. A lot of
people listening will remember the old PIP days as we
referred to it, and personal injury protection was this this
extra policy on your car policy that had fifty thousand
dollars for medical and fifty thousand dollars for rehab, but

(01:15:09):
the rehab could get rolled into the medical. So effectively,
everybody who had any sort of car insurance had one
hundred thousand dollars piggy bank of available coverage to go
and get whatever treatment they needed.

Speaker 5 (01:15:22):
They could go to.

Speaker 6 (01:15:25):
An orthopedic doctor, they could go to a chiropractor, they
could get massage and anything else under the sun, and
it would give us the ability to kind of custom
formulate the healthcare that people needed to get better. The
downside of the system was twofold Number one primary care
doctors didn't take the auto coverage. They just wouldn't. They

(01:15:47):
just wouldn't do it. If you showed up and said Hi,
I'm here because of a car, they would turn you
away and be done with you. You couldn't get the
coverage at your own PCP doctor. I'm guessing doc, you
had the same deal at your practice is they just
wouldn't cover them.

Speaker 4 (01:16:02):
The coverage wouldn't cover someone else. If you were at
Faull and hurts somebody in an accident, it didn't cover them. Right,
everybody had their own.

Speaker 6 (01:16:09):
So all of your liability coverage was still in place
to cover the other guy. I'm strictly talking about covering
God's own injuries, whether you were at fault or whether
the other guy was care after an accident. We got
all of our care under our own policy. So here's
the other downside of that regime, if you will. It
was abused like nobody's business. Okay. You had a number

(01:16:34):
of doctors out there that specialized in treating accident injuries.

Speaker 5 (01:16:38):
That's all they did.

Speaker 6 (01:16:39):
They ran all these little injury clinics and stuff, and miraculously,
nobody got better until either the money ran out or
the three year statute limitation was looming and all that.

Speaker 4 (01:16:51):
Wow, And is that why they changed it? Because there
was a lot of fraud going on. Is that why
they overhauled the system? If you will.

Speaker 6 (01:16:58):
Yeah, what happened was the insurance companies. You know, in Colorado,
we have a system that anybody can put just about
anything on the ballot. Okay, it's a referendum issue. With
enough signatures, they can put just about anything on the ballot.
The insurance companies, primarily the auto insurance companies, convinced the
people of Colorado that a new system was better, and

(01:17:21):
that they would all say massive amounts of money.

Speaker 5 (01:17:24):
And it was actually a.

Speaker 6 (01:17:25):
Ballot issue that the people of Colorado voted on. So
they voted to get rid of the old pip days,
if you will, and implement what we have today. And
so for the last almost twenty years whatever. The opposite
of no fault is a pure fault, if you will. Now,
the person who's that fault is responsible for everything. But

(01:17:48):
the challenge is there's no mechanism to get them to
pay for that treatment as it's being incurred. And so
the insurance company for the at fault drivers sit back
and say, look, we may be at fault.

Speaker 5 (01:18:03):
We understand that we're at fault.

Speaker 6 (01:18:05):
But the only way we're going to pay you anything
is if you sign this release that lets our driver
off the hook completely. So nobody's going to sign that release.
If you're in the middle of getting treatment, you don't
know what the future holds. You've got potentially a surgery
down the road, you've got all this lost wages. I mean,
there's no way that a week or two after the

(01:18:26):
accident you're going to sign this complete release just to
let the other driver off and unlock some of those
money so you can get the care that you need.
So the practical reality is, like I was saying earlier,
we have to figure out how to front load all
the treatment in order to get the person to the
end of that road, so that we can then turn
around and go after the insurance company and say this

(01:18:48):
is the full extent.

Speaker 5 (01:18:49):
Of our clients.

Speaker 4 (01:18:50):
I understood, Okay, it's.

Speaker 6 (01:18:54):
It's just it's kind of the system that we have
to deal with. I say, We've got a couple of
callers on the line. Let's take let's take Tommy an
issue with auto owners insurance.

Speaker 5 (01:19:08):
Tommy, you're on the air. What's going on?

Speaker 19 (01:19:11):
Oh?

Speaker 5 (01:19:12):
I'm on there now, yes, sir?

Speaker 11 (01:19:15):
Oh, okay. Well, on July tenth, my neighbor who lives
in the corner house, there's an empty lot between us,
and he had put new blakes on his truck and
and everything. He did pump them up or something, but
he ran into the side of my house and it

(01:19:38):
moved the wall three and a half inches. And I've
been dating with the insurance company, the underwriters and since then,
and the first two weeks they said they were going
to send an adjust out. Well two weeks went by,

(01:19:59):
never heard nursing, and then we called kept calling, and
then the lady that was handling it, she went on
vacation for ten days.

Speaker 6 (01:20:14):
So, is this the insurance company for your neighbor that
you're dealing with?

Speaker 11 (01:20:19):
No, this is the underwriters for his insurance company?

Speaker 5 (01:20:22):
Okay, and that's Auto Owners Insurance.

Speaker 11 (01:20:25):
Uh okay, So because his insurance is Weeding agency or
Collins Okay, So.

Speaker 6 (01:20:34):
We don't really deal with the agencies too much. Is
it the actual insurance company, auto owners or who is it?

Speaker 16 (01:20:41):
Yeah?

Speaker 11 (01:20:41):
Auto Owners? Okay, I guess they're in I guess they're
in Denver.

Speaker 5 (01:20:45):
Yeah, So what are they telling you?

Speaker 11 (01:20:48):
Well, okay, this has now been about a month going by,
and we finally did a hold of the lady that's
got our clone, and then she says that she needed,
you know, a bid on it, how much it can
costs to repair it. We send that to her, and

(01:21:13):
you couldn't get a holdover for a week or two.
And then when we did get a holdover, she said
she needed itemized. Well, sent that to her and then
she tells us that that he needs to contact them. Well,
this is back in the first of all, is that

(01:21:33):
they hadn't heard from him.

Speaker 6 (01:21:34):
Okay, tell me we're going to work through all those issues.
Hang on just a moment, we're going to go to
a break. We'll be right back. So yeah, definitely we'll
get to the bottom of this.

Speaker 9 (01:21:49):
Go with a sure thing Denver's best roofer Excel Roofing
dot com.

Speaker 15 (01:21:53):
You don't pay a cent until your content.

Speaker 9 (01:21:58):
Time for an insurance check free no obligation comparison call
Compass Insurance paying too much your coverage at dozens of
insurance companies find out now three all three seven seven
to one.

Speaker 5 (01:22:09):
Help.

Speaker 9 (01:22:09):
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 all three nine two zero
sixteen twenty two.

Speaker 6 (01:22:24):
Welcome back to the Troubleshooter Show. This is John Fuller here.
We are talking with Tommy right now. Tommy had a
neighbor who did a break job on his truck and
apparently mess something up and the truck rolled down the
hill and hit his house and it has been struggling
with auto owners insurance. Right now, and we we have

(01:22:45):
Brian Burns that's going to be joining us here in
just a second. We want to hear the rest of
the story, Tommy tell us in a nutshell, Really, what
is going on here? They've they've delayed and delayed and delayed.
I understand that that's kind of par for the course
for some of these guys, But where does the issues
right now?

Speaker 11 (01:23:01):
Well? I sent him an ismed thing on the bed
that they want to drass.

Speaker 6 (01:23:07):
This is a bed in your home that got damaged
when the wall got moved.

Speaker 11 (01:23:11):
No, no, they wanted they wanted an itemize on the
cost of all the repairs.

Speaker 5 (01:23:16):
Okay, what did that come up to? By the way, they.

Speaker 11 (01:23:20):
Come to fourteen thousand, seven hundred and fifty dollars.

Speaker 6 (01:23:24):
Wow, that's kind of a lot. This must have been
more than just a little bump.

Speaker 11 (01:23:30):
Oh yeah, it's a two fifty four ninety four two
fifty four pick up with a diesel motor. He had
put it and rebarsed and started it. And when he
started coming off his little concrete pad there coming down
the hill. Well it wasn't slowing down, oh, she wrote,

(01:23:53):
And I guess I guess he kind of freaked out
or something. Hit the gas pedal.

Speaker 5 (01:23:58):
Oh my goodness, it was actually dry. It when it
hits your house.

Speaker 11 (01:24:01):
Oh hit it in the truck with the door shut.

Speaker 21 (01:24:03):
Now I got to ask here too. Is the house
structurally okay?

Speaker 16 (01:24:06):
Still?

Speaker 5 (01:24:07):
Or you're still living there?

Speaker 11 (01:24:09):
Oh yeah, yeah, it's it's.

Speaker 21 (01:24:12):
It's not gonna come tumbling down. It's the strong wind blows.
Is it Is this.

Speaker 6 (01:24:16):
A frame house you have here, Tommy? Or is this
a frame house that you have here?

Speaker 11 (01:24:23):
Or yeah it's a frame house. Okay, it's a free story.

Speaker 5 (01:24:27):
All right.

Speaker 8 (01:24:28):
So hey, Tommy, did you just move here from Boston?
Your accent sounds a little like you came from back east.

Speaker 11 (01:24:35):
I'm probably your stab of bread.

Speaker 6 (01:24:38):
I can promise you Tommy is not from Boston. Okay, yeah, Tommy,
sounds more like my people there than than yours.

Speaker 11 (01:24:46):
Yeah. Well, but uh yeah, I mean that's what when
you hit the gas, I mean things just I know,
ain't everyone's stopping? Then they just hit the wall. I
hit about thousand pounds worth of the way on the
other side of the wall and tried to garage and
it moved it, you know, the whole the whole wall moved.

Speaker 6 (01:25:07):
So Tommy, what's going on? You gave him the estimate
and stuff. What did the insurance company tell you?

Speaker 5 (01:25:12):
Next?

Speaker 11 (01:25:13):
Well, they won't answer their phone calls.

Speaker 5 (01:25:15):
Now, Oh, okay, how long has it's been You're being ghosted?

Speaker 11 (01:25:21):
Huh?

Speaker 5 (01:25:21):
How long has it been?

Speaker 11 (01:25:22):
It's happened this It happened on July the tenth.

Speaker 6 (01:25:28):
Okay, that's been a while, John, Tommy, what does your
neighbors say about this? Has your neighbor called the insurance
company to say you got to take care of Tommy's
house here?

Speaker 11 (01:25:38):
Well, okay, I guess probably the first of all. Just
they told us that they sent him a letter and
he had two months to respond to it and uh,
but she said she never heard back from him. So
I went over and put a note on his door, yeah,

(01:26:01):
and ask him the place called me a shance company
and tell them, you know what happened.

Speaker 5 (01:26:06):
Tommy. Do you have insurance on your home? Your own insurance?

Speaker 16 (01:26:10):
Yeah?

Speaker 11 (01:26:10):
Yeah, I do. And that's the first thing they told me.

Speaker 5 (01:26:13):
Just who's that with?

Speaker 11 (01:26:17):
Uh? State Farm?

Speaker 5 (01:26:18):
Stay Farm? Have you talked to State Farm?

Speaker 11 (01:26:22):
Well? We did, but you know, I kind of feel like,
you know, auto owners is hit the insurance great, and
that's kind of like right, So what's.

Speaker 4 (01:26:33):
He saying, John, that the homeowner's not doing his part
in getting this?

Speaker 6 (01:26:37):
Maybe that might be what's going on. You know, we
run into this from time to time. Maybe Brian can
talk about this. You know what I'm thinking about, Brian
is maybe Tommy should be following acclaim with his own
insurance company and let them worry about going after the
other carrier. I mean, do you have any other advice
about how to make auto owners get off there? Uh
took us and to get going on this complaint than

(01:27:01):
you know, other than dealing with his own company or
suing the neighbor.

Speaker 5 (01:27:04):
I can't think of anything else. What about you, Brian?

Speaker 14 (01:27:06):
No?

Speaker 13 (01:27:06):
I mean, and as you guys were talking here, I
was sitting here saying the exact same thing. I think
that what I would do. Because he has no contractual
relationship with auto owners in this case, who knows what
the other driver is saying? The other driver to be saying, well,
you know I was doing this. You know, who knows
people people argue and start to make up stories. So

(01:27:27):
he doesn't he can't force auto owners to pay.

Speaker 11 (01:27:30):
It's exactly what you said.

Speaker 13 (01:27:31):
He either sues the neighbor if the neighbor's not really
doing anything. I promise you auto owners is going to
start paying if he's getting sued, or if you just
don't want to go through that hassle, you make the
claim on your own policy and let them subrogate. And
that's exactly what they'll do. They'll suburgate, subrogate against auto
owners and try to get that money back. But in
the meantime he'll be out as deductible.

Speaker 6 (01:27:52):
Well, and and that's a great point about the deductible,
but I can also tell you, Tommy, if you paid
a deductible under your policy to get this repair done
and then State Farm goes out and collects from auto owners,
the very first dollars that they get in will be
used to refund your deductible, and so you would get
that money back. So I guess what we're saying is

(01:28:14):
this is a surefire way of dealing with the company
that you do have a contract with, that has to
deal with you, that has to go through the claims
process with you, and then sometimes you just let them
go deal with collecting the money out of auto owners.

Speaker 4 (01:28:28):
But I have a question, Brian, if he does have
to submit a claim through his own homeowner's insurance, would
that affect his renewal when that comes up.

Speaker 13 (01:28:36):
I don't think it would affect his renewal. I hear
what you're saying, Susan. I'm always reluctant to file a
home claim, specifically because unlike an auto claim, there's not
such thing as not a fault ultimately on a home.
But in a case like this, you're talking about a
lot of money here, and I just I don't think
it's worth, you know, to sit and wait and wait

(01:29:00):
and wait for the other insurance company. But I would
always be hesitant to file acclaim because it could affect
him in the future as far as if he's going
to another carrier, I can see that this is gonna
be a question that's going to come up that he's
gonna have to deal with.

Speaker 6 (01:29:14):
I mean, that's the best way, really, if it were
you know, if it were me. And here's what I
can tell you about auto owners. I have a lot
of clients that have auto owners, and generally speaking, they're
happy with auto owners. But I've also handled a million
claims against auto owners for clients that have been hit
by insurance of auto owners.

Speaker 5 (01:29:34):
And here's what I can tell you, without exception, they
are slow to pay.

Speaker 6 (01:29:39):
They will make the most ridiculous low offer that you've
ever heard of and Nicol and DIMEU. They will eventually pay,
and they will eventually pay a fair amount, but it
takes forever. So what you're experiencing is pretty consistent with
what I experience with my clients. And the only sure
way to speed that up would be to follow lawsuit.

(01:30:02):
But it's not something that I would ever really recommend
that you do on your own. But you know, because
I can't recommend that you spend the fees, that leads
you with the only other option, which is to go
to your own insurance company.

Speaker 11 (01:30:14):
All right, not to what I was trying to avoid
because you and I only because I don't know if
that shows up as a mark on her home owner's
insurance or again share or not.

Speaker 13 (01:30:25):
Here, I'll give you one more option. Why don't you
give him my contact information? I don't mind calling the
contacts I have at Auto Owners and see if I
could maybe figure out what's going on. I'm not the agent,
I'm guessing for the person that was involved, but so
they won't give me details, but I could at least

(01:30:45):
try to push it up the ladder to say, hey,
can you look at this claim that's going on? And
this guy's sitting here waiting. You know his house is
destroyed over here. We need to get something going for him.

Speaker 6 (01:30:56):
So thinks awesome doing that. I think that's awesome, Brian.
Thanks doing yay.

Speaker 4 (01:31:00):
Brian Burns with Compass Insurance Theeinsurancehelp Center dot com three
oh three nine ninety six nine thousand. Thank you so much, Kelly,
give him, Give Tommy Brian's information.

Speaker 9 (01:31:17):
Go with a sure thing Denver's Best roofer Excel Roofing
dot com.

Speaker 15 (01:31:21):
You don't pay a cent until you're content than.

Speaker 9 (01:31:27):
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 6 (01:31:50):
Welcome back to the Tom Martine Show. This is John
Fuller fitting in for Mark and Tom today on the
longest running show in the country with the same host, Martino.
We are here to help you with all of your problems.
Give us a call today. The number is three oh
three seven one three eight two five five. My primary focus.

(01:32:10):
I'm an attorney. I handle automobile accidents, and I'm privileged
to be sitting next to one of my dearest clients
over the years whose a major Yeah, for.

Speaker 4 (01:32:20):
Sure, I've always appreciated your help, John, and I know
Mark has two I do have a question for you, though, sure,
so I how important is it that people call you
early after an accident? And I only asked this because
when Mark and I were hit sideswipe there in Castle
Rock and my face was all busted up, I refused
an ambulance right. I thought I was fine. I was

(01:32:41):
pretty shooken up. I just wanted to go home and
go to bed. So I know Mark called you as
soon as we got home. And then a couple hours later,
I went to get a glass of water and I
couldn't even make it back to my bedroom and I
felt like I was going to faint, and Mark called
you and said get her to the hospital now. And
so it's just do you do that for every client?
And how important is it that people call you early

(01:33:05):
like that, like within the first couple of hours, even
if someone thinks they're fine.

Speaker 6 (01:33:10):
So you've kind of got two issues going on there.
I recall the phone call from Mark the day that
you guys got in the accident. I was actually fishing
up in Wyoming and got a call from you guys,
and I was glad that I did. I was able
to help and kind of get things started off on
the right track. And that really is the important thing,
is that you know, people don't know necessarily what to

(01:33:32):
do when they've been in that accident. You know, what
do we go to our PCP doctor? Do we go
to the hospital.

Speaker 5 (01:33:37):
There's an ambulance hitting here that I know is going
to charge me money.

Speaker 16 (01:33:41):
What do we do?

Speaker 5 (01:33:41):
Where do we go?

Speaker 6 (01:33:42):
Sometimes there's multiple people involved, there's three or four vehicles.
Sometimes it's scary, and people don't know what the right
thing to do is. And so the other side of
the coin is that, in my heart of hearts, I
truly believe that if I get involved in a case
early on in the process, that when we're all said

(01:34:03):
and done, I genuinely feel like I can put twenty
five to thirty percent more money in your pocket, just
because we set everything up right from the beginning, gotcha.
And so when we were talking earlier about health insurance
and Medicaid and Medicare and medpay and all this stuff.
It really matters how you structure that stuff and what

(01:34:25):
goes first. You know, sometimes people have these crazy high
deductibles in today's world, and it's nothing to have, you know,
five or six thousand dollars that you have to come
out of your pocket first. You know, even though you
weren't at fault and you've got everything else going on
and you're out of work and all that, they still
want you to pay that first six grand.

Speaker 16 (01:34:45):
You know.

Speaker 6 (01:34:46):
That's where medpay comes in. But it's only good if
the hospital didn't build a medpay and take every penny of.

Speaker 5 (01:34:54):
It upfront and stuff.

Speaker 6 (01:34:55):
So you've got to really know how these things are
supposed to work to get them to work best for you,
got it, And if you do, then at the end
of the day, there's going to be a better outcome,
you know, And that doesn't that's before we even get
to look at what kind of insurance the other guy
has or how much or any of that stuff. That's

(01:35:16):
just a matter of structuring your insurance to work best
for you.

Speaker 4 (01:35:20):
Well, I know, we needed someone to think straight for
us because we were so jarred and rattled from the accident.
We couldn't think on neither of us. And I was
more hurt than Mark was, but it was you know,
it's nice having someone hold your hand through the process,
and we'll thank you, give you the steps, you know,
so John Fuller three oh three five nine seven forty
five hundred, give him a call.

Speaker 6 (01:35:40):
Appreciate that, and we're going to go to a caller. Now, Drew,
what is going on with you, sir?

Speaker 22 (01:35:47):
Yes, sir, I am being harassed and T Bank is
stealing my money.

Speaker 5 (01:35:53):
Oh tell me more, Okay.

Speaker 22 (01:35:57):
I was staying in a hotel. The last time I
was there, there was no heed. I immediately walked out
and I asked TD bank to put a stop payment
on the final night in the hotel. They wrote me
back that they would only put a stop payment. This
is in writing. I had to find somebody else who

(01:36:18):
is also so swindled by the hotel. I had to
find some other merchant. That's ridiculous. I was supposed to
go throughout it with New Providence, New Jersey. I'm supposed
to go throughout New Providence looking for another merchant who
didn't have heat in the hotel, So that's wrong. So
the director of the TD Bank said it should be

(01:36:39):
put back in my bank account. TD Bank has not
done that, okay.

Speaker 5 (01:36:43):
So let me ask you a couple of questions. Did
this happen in Providence.

Speaker 22 (01:36:47):
New Providence, New Jersey?

Speaker 5 (01:36:49):
Okay? And when when was this?

Speaker 22 (01:36:53):
Who is back a year and a half ago. I
didn't do anything because I thought they had put the
money back in my bank account. Now I find out
they didn't.

Speaker 4 (01:37:01):
Why didn't you just ask the hotel for a refund, Drew?
Why did you go through Why didn't you just ask
the hotel for a refund for no heat? Why did
you have to go through your bank first?

Speaker 22 (01:37:12):
The hotel was going to give me a refund, but
when the bank said they were going to do it,
I didn't want to take two refunds, so I let
the bank supposedly do it, but they didn't do it.
They also harassed me. If I got to the bank
at four forty five, the bank closes at five, I
was in line and then I was thrown out of
the bank at five o'clock. They refused to wait on me.

(01:37:34):
They're simply harassing me because I reported this and another
thing somebody used my bank card and charged one hundred
and seventy dollars. I tried pulling it into customer service.
I gave them my name, birthday address, social security number,
phone number, and even the recent transaction, and they said

(01:37:55):
that was not enough to identify myself. So ridiculu true.

Speaker 6 (01:38:00):
Is there any connection between the erroneous debit card and
the hotel?

Speaker 5 (01:38:04):
Do you think?

Speaker 22 (01:38:07):
I don't know whether there's a connection between the bank
and a hotel. I feel that the bank that a
couple people there are harassing me when I went into
report and asked or stop payment.

Speaker 6 (01:38:20):
Really, we've got different things. Hold on, We've got three
different things going on here. You're not happy with the hotel,
You're not happy with the bank handled your stop payment request,
and on top of all that, somebody used your debit card,
and then really the cloud hanging over all of that.

Speaker 5 (01:38:36):
Is just really crappy customer service at the TD bank.
Have I got that figured out?

Speaker 22 (01:38:42):
They're the most convenient bank as far as I'm concerned,
They're the most inconvenient bank.

Speaker 5 (01:38:48):
And so you gave them all ID when we ran
into trouble with the bank.

Speaker 6 (01:38:53):
Why didn't you go back to the hotel and say,
you know, it was too much trouble with the bank,
just go ahead and give me my money back.

Speaker 22 (01:39:00):
I might have to do that, but I don't know
if the hotel is going to remember from.

Speaker 6 (01:39:07):
Well, you've got the documentation from your bank that proves
that you were there and that they build you right right.
That I think is pretty pretty much proof that you
were there and they can look it up. But I mean,
have you know, listen, you got to vote with your
feet in these situations. And if a company is not
willing to provide you the level of customer service that

(01:39:28):
you feel like you're owed, then you know there's plenty
of other banks out there that are really trying to
take your money. So we're going to come back and
revisit the rest of those issues in just a moment.

Speaker 9 (01:39:39):
Hang on, Drew, 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,
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(01:40:00):
your coverage at dozens of insurance companies find out now
three all 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 All three nine two zero sixteen
twenty two.

Speaker 5 (01:40:29):
Hey, welcome back to the Tom Martino Show. We are here.
My name is John Fuller.

Speaker 6 (01:40:34):
I'm in a personal injury attorney here in Denver, Colorado,
filling in for Tom and Mark today with the wonderful
Suzanne right next to me helping out. And we had
been on the phone with Drew for a while. I'm
going to recap that issue. After Drew, We're going to
talk to Mike with an issue with Phil Long. But
in a nutshell, Drew was staying in a hotel in Providence,

(01:40:55):
New Jersey, I believe, and found the heat to not
be working correctly, so bad so that he decided to
leave the hotel and take it up with his bank
the next day and attempted to stop payment on that
night's worth of the rent, and not quite sure exactly

(01:41:16):
how the bank was supposed to figure out which or
what portion of the charge they were trying to reverse,
but nonetheless those efforts have failed. A year and a
half has gone by, Drew still with the same bank,
has never gotten his money back and now is upset
with They tried to apparently throw him out of the
local branch because he showed up at fifteen minutes before

(01:41:39):
the end of the workday. And then, to add insult
to injury, somebody used his debit card and ran off
one hundred and forty dollars charge that nobody.

Speaker 5 (01:41:49):
Seems to have straightened out for you? Is that fair, Drew?
Did I did I accurately recount the issues that you have?

Speaker 22 (01:41:58):
You did a very good job, except there was a
seventy oh.

Speaker 6 (01:42:01):
One hundred and seventy bye, Sorry about that. So where
was one hundred and seventy spent?

Speaker 22 (01:42:06):
Do you know?

Speaker 9 (01:42:07):
Uh?

Speaker 22 (01:42:08):
Supposedly it was spent at best Buy. It wasn't done
by me because I don't use that card and I
haven't been in best Buy in a year.

Speaker 5 (01:42:17):
So did you file a complaint with TD bank about
that charge?

Speaker 22 (01:42:22):
I tried to. What happened was I gave them all
my information, like I told you, even the transaction that
I did at the bank that day I address social
Security birthday, yeah right, and they said it's not enough information.

Speaker 5 (01:42:36):
Did you walk in the branch o, were you trying
to do that over the phone.

Speaker 14 (01:42:40):
Phone.

Speaker 6 (01:42:41):
Yeah, you know, that's one of the lessons that I
think it's just hard for people to accept. But if
you're a person that carries a debit card, you have
to understand that there's almost no protection for you as
a consumer for charges that get made on that debit card.
It is not a credit card.

Speaker 4 (01:43:00):
I only used mine for an ATM john. I've never
used it to purchase I.

Speaker 6 (01:43:05):
Don't even do that. I learned that lesson the hard way.
One day I used my card and I, you know,
I just used the debit because I didn't want to
run up debt.

Speaker 5 (01:43:14):
I just thought that was crazy.

Speaker 6 (01:43:16):
And no sooner than I had gone through a particular
drive through, I think I had gotten back to my office,
which was all of like seven minutes away, and somebody
was at Walmart running up five or six hundred dollars
in no time. And here's the crazy thing about it,
Like I can't individually go and file a complaint with

(01:43:40):
the police because they consider the bank to be the
victim of it. So my only recourse is to go
back and deal with the bank, and then they can
do whatever they want to do with the fraud.

Speaker 5 (01:43:49):
It was really eye opening.

Speaker 6 (01:43:50):
But the long and the short of it is, and
we've had callers on the show before, if you choose
to use a debit card, you do it at your
own risk, and there's a really good chance that if
something happens or you get defrauded, there's not going to
be any recourse from the bank.

Speaker 5 (01:44:05):
Is that kind of what they're telling you, Drew?

Speaker 22 (01:44:07):
Well, what they told me was all the stuff I
gave him was not enough. They wanted to give me
a code through the phone. But then they told me
that a phone company could charge me a big phone
bill if I looked them give me a code through
the phone.

Speaker 6 (01:44:23):
Well, I don't know anything about that. I think, Drew,
you're probably going to need to try to walk back
in there during normal business hours and see if you
can't follow a complaint and allege the fraud. Normally, if
they decide that fraud actually happened, they're going to put
that money back in your account and at least you'll
get a little bit of relief out of it.

Speaker 5 (01:44:40):
Thanks for the culture.

Speaker 10 (01:44:41):
We forgot it.

Speaker 4 (01:44:42):
Another hour ago, John on the show.

Speaker 9 (01:44:45):
All right to look at court, go with a sure thing.
Denver's best roofer Well Roofing dot com. You don't pay
a cent until you're content. Time for an insurance check

(01:45:07):
up free, no obligation. In comparison, call Compass Insurance. Pay
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 10 (01:45:27):
Yeah, ripped.

Speaker 1 (01:45:34):
News need so you don't have.

Speaker 16 (01:45:40):
Run insistas as we can.

Speaker 2 (01:45:43):
Shooter's gonna help Come Man.

Speaker 3 (01:45:47):
Six is the Troubleshooter Show Now, Tom Martine, Welcome.

Speaker 5 (01:45:53):
Back to the Tom Martino Show. My name is John Fuller.

Speaker 6 (01:45:56):
I am filling in for Tom and Mark today on
the Only sho It's kind where we solve problems, answer
questions and take complaints. We are here to help you
out today. The phone number is Area GO three three
seven one three eight two five five. Give us a call.
We'd love to help you out with your problem. Sitting
here with me in the studio today is as always

(01:46:17):
Doc and the lovely Suzanne here by my side to
help me out. Hey, Sean, Hey, yeah, you've got a
couple questions over there, I do.

Speaker 4 (01:46:24):
I wanted to know something since you're a personal injury attorney,
if I get a ticket when when an accident happens,
when I'm in an accident. Let's say I'm speeding, which
I would never do so, but if I were speeding
and got a ticket for that or you know, asked
during the accident, does that make.

Speaker 10 (01:46:41):
Me at fault?

Speaker 14 (01:46:43):
No?

Speaker 5 (01:46:44):
So, you know, here's the thing.

Speaker 6 (01:46:47):
Normally, there's not multiple tickets given to multiple parties when
you have an accident. There's one guy that's going to
be charged with careless or DUI or something, or reckless
driving or something like that. And that's pretty despositive of
the issue of who's at fault.

Speaker 5 (01:47:04):
But not always.

Speaker 6 (01:47:05):
So I've had cases where you know, a person is
not at fault for the accident, but they just happened
to be drunk at the same time, so they got
a DUI. But being drunk didn't cause the accident, Like
you can be drunk at a red light and get
rear ended. Being drunk didn't cause it wasn't about.

Speaker 4 (01:47:23):
To give the other party a good case though, Like, hey,
you're saying I'm at fault, but this guy was drunk
when this happened.

Speaker 6 (01:47:28):
Yeah, and so I've even responded that, yeah, and you're
lucky they were because they were nice and relaxed and
they got less hurt as a result of you running
into them.

Speaker 5 (01:47:39):
But really the two aren't connected.

Speaker 6 (01:47:41):
I mean, the fact that the person was drunk, if
they did nothing wrong, they did not do anything negligently
to cause the accident.

Speaker 5 (01:47:48):
It's a non issue. So so good question.

Speaker 4 (01:47:52):
Do you ever deal with like road rage accidents where
there's personal injury as well? And I mean that must
get a little bit hairy as well, because you have
two people accusing each other of you know, pointing fingers
of who started what.

Speaker 5 (01:48:04):
Yeah, yeah, unfortunately we do. So so here's kind of
the thing.

Speaker 6 (01:48:09):
You know, road rage is one of those things that
tiptoes over the line into intentional conduct. Okay, whenever you
you know, pull off the road and try to get
in a fight, or god forbid, pull a gun or
do something crazy like that, that's an intentional act. And
intentional acts aren't negligence. They're not going to be covered
by your insurance. And so if if that happens and

(01:48:30):
and you know, God forbid, somebody gets injured or shot
or you know, beat up or something, chances are pretty
good that their insurance company's going to deny that coverage completely.

Speaker 4 (01:48:41):
Oh, because it's a criminal case.

Speaker 6 (01:48:42):
At that point, it's not so much criminal, but it's intentional.
So insurance can only cover you for things that were
that were accidental, that were negligence, right, something that you
didn't intend to happen. If you steered over on the
sidewalk and ran over somebody because they had a Raiders
shirt on, there'd be no in insurance coverage for that.

Speaker 5 (01:49:01):
That would be an intentional act.

Speaker 4 (01:49:03):
So if you're irritated at me and we're both driving
and you do something intentionally to cause us to collide
or whatever, your insurance can deny covering my damages.

Speaker 11 (01:49:13):
Yep.

Speaker 6 (01:49:14):
Absolutely, they're going to deny that completely because what I
did was an intentional act.

Speaker 4 (01:49:19):
Is that where you get a personal injury attorney involved
in to help with that?

Speaker 6 (01:49:22):
Maybe the case that the PI attorney can't do anything
to help you because we can only go I mean literally,
we can go after the person, but that comes down to,
you know, are we trying to go after the person
or after the insurance policy. That's that's where the money is.
So you know, you could go after that person and
that's kind of like we were talking with Tom earlier.
You know, what's that judgment worth and what do they

(01:49:44):
do and.

Speaker 4 (01:49:44):
Are they going to have to figure out their assets
and all?

Speaker 6 (01:49:47):
Yeah, exactly. So really, in my practice, we want people
to be insured. We want there to be a pot
of money at the end of the rainbow that if
we satisfy our burden of proof that we know we're
going to get paid and the check going to clear
and spend.

Speaker 8 (01:50:01):
One hundred and fifty bucks on a cam, a dash cam.
The best advice you ever gave me, John.

Speaker 6 (01:50:06):
I can't stress that too much. I've had so many
cases now where it's a he said, she said case,
and believe it or not. We hate he said, she
said cases because many times, unless there's a camera on
the intersection or an independent witness, we're just never going
to resolve that. And so the insurance companies on both

(01:50:27):
sides say, well, we believe are insured and we're going
to deny the claim. And so the only way that
you can resolve that claim is to go fully through
the litigation process. And it may not be a case
that really justifies the expense and the time and all
the you know, the trouble of going through litigation. One
sure way to eliminate that issue completely.

Speaker 5 (01:50:48):
Is a dash cam.

Speaker 6 (01:50:49):
Wow, and it's amazing when you have that full color.
You're like, we're talking to the insurance adjuster and they're
giving you all this bs about denying the claim and
you're like, oh, did I mention that I had the
entire accident on tape? They're like, no, let me send
that over to you, and about thirty seconds later they're like,
we'll accept my ability.

Speaker 5 (01:51:09):
Done deal.

Speaker 4 (01:51:10):
So, folks, give John Fuller a call three oh three,
five nine seven forty five hundred, give them a call
and get a dash cam for crying out loud.

Speaker 6 (01:51:17):
Get that dash camp one hundred and fifty bucks at
Toy Cars. Yeah, I think it's it's money. Well, Spark Toys.
Excuse me, Mike, you have an issue with Phil Long
in the Springs. Tell me what's going on, sir.

Speaker 14 (01:51:29):
Yeah. Hi, So I bought two vehicles from so Long
eight months ago, and a twenty sixteen Ford Edge and
a twenty eighteen Ford Edge sixteen for myself. The eighteen
for my wife traded into vehicles both look Christine's seven
year warranties. Know the kids who sold me the cars
as father's the general manager and partner so long, so

(01:51:52):
I trusted in them.

Speaker 11 (01:51:54):
About a month and a.

Speaker 14 (01:51:54):
Half after we purchased both of these vehicles, my twenty
six started having some issues on my brakes, and I
reached out to the guy who's the kid who sold
me the car, and pretty much got ghosted. And then
I finally reached out to the dealership and I got
a hold of the service manager and I told them, look,

(01:52:15):
you know something's wrong with my brakes. I need you
guys to give me a loaner and you know, moving forward.
So I take my car down there to give me
a vehicle and they tell me three days later, come
pick up your car. So I go down to pick
it up and they say there's.

Speaker 11 (01:52:30):
Nothing wrong with the brakes.

Speaker 14 (01:52:32):
I take it to an independent mechanic who's as he certified,
guy I have been using since I moved out here
almost six years ago, and he tells me, as they're
about shot and you're definitely grinding and you're going to
be metal to metal sooner than later.

Speaker 11 (01:52:45):
So I let this go.

Speaker 14 (01:52:47):
For a minute, I got sidetracked. I'm opening up my
own business out of my home, so I kind of
just my car's been sitting in the driveway and we've
been using my wife's twenty eighteen. So in the beginning
of August, my wife and I decided to take a
short vacation out to Vegas, and we drove out. We
wanted to drive from Utahon and whatever. So on the
way back from Vegas, I start feeling my wife's car

(01:53:09):
same thing. So I reach out to so Long and
I get myself a meeting with Chris to Tone, the
general manager and partner so Long Forward, and I expressed
my concerns to him. And while I'm sitting with him,
I said, Chris, you know I don't understand you know,
two cars. You know, I'm having the same issues on
both of these vehicles. And now all of a sudden,

(01:53:32):
it's my wife's vehicle and my vehicle can't be driven,
and I need something done. I said, I want to
return both of these, take one brand new car. We'll
figure out the payment and move forward. And you know,
he sits there and he starts expressing me, well, you
know that's going to destroy your credit and I said, look, Chris,
I'm a fifty six year old man. This is my

(01:53:52):
first rodeo. I'm not asking. I'm telling you these cars
aren't safe. And your ase certified mechanic told me there's
no from wrong with the brakes. And he says to me,
and I didn't say anything back to him. He says,
who told you their ASEE certified man? And I thought, huh,
you're so long forward. So you're hiring Goat mechanics.

Speaker 10 (01:54:12):
The fact of the.

Speaker 14 (01:54:12):
Matter is, man, that I've had my wife, my daughter,
my four grandchildren in both of these vehicles that are
not safe. I've done. I'm just going to move it
forward really fast. Because I met with Chris about three
and a half almost yeah, well it's a month now.
I met with them on a Wednesday at ten am.
At eleven fifteen, I left the meeting. He said, Mike,

(01:54:33):
give me two hours. I'll get back to you. Thursday
goes by, Wednesday goes by nothing, Thursday goes.

Speaker 10 (01:54:39):
By no call.

Speaker 14 (01:54:40):
So Friday morning, at eleven o'clock, after it was forty
eight hours, not too I reached back out and I said, look,
you know, nothing's going on here. And I have two
unsaved vehicles, and what are we doing here? I said,
I don't want to have to call an attorney. And
I was told instantly, well, now that you said you're
going to call on it to you need to have

(01:55:01):
your attorney contact our corporate attorney. And I thought, okay,
well here we go. I mean, so what I did
moving forward was I called the bank up in Denver,
which was Canvas Credit Union, and I did a voluntary
repo on my wife's card because I stopped payments on that,
and I stopped paying on the one that's still sitting
in my driveway. Oh wow, that's due to be repossessed

(01:55:25):
on October to twenty fifth. And I have a relationship
with the bank and the gentleman I dealt with in
the hold on I'm so sorry. Let me find a
note here. But the department, he's like the lost mitigation,
I believe, let's see.

Speaker 5 (01:55:41):
So why do that? That seems like kind of the
nuclear really, but why do that? Is it the damage
done from that greater than the cost of just fixing
the brakes?

Speaker 14 (01:55:54):
Well, so the problem is they're telling me they'll have
somebody look at these two vehicles that I've been paying
on forts that are not safe, that don't have an
ASC certified mechanic. And I've been to an attorney who
said I absolutely have a case. The gentleman who came
to pick up the car when I called for a
voluntary repo told me that this is a very common
issue with still Long and that they don't fix their warranties,

(01:56:17):
and that he's picked up more cars from the bank
people's homes and phill Long themselves that have the same
issue that I've had. And I have a neighbor who's
been fighting with so Long here so took her car up.

Speaker 6 (01:56:30):
Mike, what what warranties did you have on these cars?
They both are they were they both still in warranty, right, Yeah, but.

Speaker 4 (01:56:36):
Those warranties wouldn't cover where in tearly breaks.

Speaker 5 (01:56:40):
What warranty did you think would have covered that.

Speaker 14 (01:56:42):
Bought these right? Well, we were told when we bought
these vehicles, guys, that new breaks all around, new tires,
new windshields, which I can see them.

Speaker 4 (01:56:50):
I'm gonna pull it, Tom. Do you have that in
writing that you had that there was going to be
new breaks. There was there was new this knew that
If you have that in writing, Mike, you should send
that over to us. We have an angel over there,
but you better have it in writing.

Speaker 14 (01:57:06):
Okay, can you send me give me some information where
I can send this information?

Speaker 22 (01:57:09):
So you guys going so Mike attorney?

Speaker 16 (01:57:12):
Who?

Speaker 5 (01:57:13):
Okay? So why didn't you hire the attorney and go
that route?

Speaker 14 (01:57:16):
Well, I'm looking for a consumer advocate attorney that doesn't
want six thousand dollars retainer.

Speaker 11 (01:57:21):
All I'm asking.

Speaker 14 (01:57:23):
For is I was just asking for one new vehicle
that I wasn't even happy dealing with still Long because
of all the people have told me. Bro, if you
have to go to court for this, we will testify
the guy who reposed for canvas hold me. I will
go to court with you and tell them in open
court how many people phill Long does this too?

Speaker 11 (01:57:42):
And this isn't just me, This is just a community of.

Speaker 14 (01:57:44):
Them allowing people to be unsafe on the road. All right,
Not about myself, but my wife, my child.

Speaker 5 (01:57:50):
Mike, got it, I got it, Mike, Hang on a sec.
We'll be right back after this.

Speaker 9 (01:57:59):
Go with a short thing Denver's Best roofer excel roofing
dot com.

Speaker 15 (01:58:03):
You don't pay a cent until you're content.

Speaker 9 (01:58:08):
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 all 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 three
nine two zero sixteen twenty two.

Speaker 5 (01:58:34):
Good afternoon.

Speaker 6 (01:58:35):
This is John Fuller on the Troubleshooter Network here rounding
out our four hour block today of fun filled excitement.
We were just on the phone with Mike a few
minutes ago. Mike bought a couple of cars from Phil
long Ford in the in the Springs and ultimately had
bad breaks on both of those, and Mike's trying to

(01:58:57):
return his car and he's having some difficulty. Here's the
bottom line. Mike has dropped off. He's going to get
his paperwork and get back with us, hopefully tomorrow, and
we'll try to get to the bottom of that. We
do have an angel it feel long and we want
to have the opportunity to reach out to them and
see if we can't get to the bottom of it.
But unfortunately these kind of issues really come down to paperwork.
So if you're in the dealership and anything is getting

(01:59:20):
promised to you, it's got to be on that paperwork.
Do not leave with a handshake and a smile and
a promise to get anything done.

Speaker 5 (01:59:28):
It will not stand up for you.

Speaker 4 (01:59:29):
And all he was left with is sound and fired
up John he was I and I.

Speaker 6 (01:59:34):
Really feel sorry for the guy because he made some
really poor decisions in my opinion, like doing a voluntary recall.
If you can't get something resolved with the dealership, just
call the bank and turn them in. That doesn't sound
like the right course of action, particularly if he's trying
to unravel those two and get a new car. No
bank is going to loan y money if he's had two,
not one, but two repossessions in the same instant over

(01:59:58):
a break job.

Speaker 5 (02:00:00):
Doesn't make sense.

Speaker 4 (02:00:01):
It makes you wonder why he didn't just pay for
a couple of break jobs. They can't be that, I know.

Speaker 6 (02:00:06):
I really hope that we've got an opportunity to maybe
get some of this figured out before it's just too
late for this guy.

Speaker 4 (02:00:13):
We'll reach out to it Angel.

Speaker 6 (02:00:14):
He'll get a hold of this tomorrow hopefully, and we'll
figure it out. So got a couple more calls. Let's
go to Stephen with the question about duuis. Go ahead,
Steven Hi.

Speaker 20 (02:00:24):
So the case wasn't the vault about me, It's about
my girlfriend. This was that happened in March of last year,
twenty three, and she was driving to Uber Eats delivery
and there was a car stalled on the highways on
I twenty five southbound near the Tech Center, and she didn't.

Speaker 17 (02:00:42):
See it because the car in front of her all
of a.

Speaker 20 (02:00:43):
Sudden swerved to get out of the way, and then
when she saw the stalled car, it was too late.

Speaker 11 (02:00:48):
But because she was the one.

Speaker 20 (02:00:49):
Intoxicated slightly just over the limit, they gave her the citations.
And I heard you guys talking earlier about this type
of scenario. So my question just to wrap this up, Ken,
can we can she still kind of fight this in
court because she's having to go to these courts all
of this d y and prove that she's not drinking, right,
that's one issue, But I just wonder if they can

(02:01:11):
get her out or some kind of I don't know fault.

Speaker 6 (02:01:14):
For Let me make sure I understand this. Your girlfriend
was driving for Uber while intoxicated.

Speaker 11 (02:01:21):
Well, uber eats, that's what I am.

Speaker 6 (02:01:23):
So she was delivering food, but she was under the
influence and got a DUI. Yeah, okay, so you've got
a couple of things going on here. I was just
talking to Doc earlier about this. When you hit somebody
in Colorado, if you hit somebody from the back, there
is a presumption that you're at fault. Now it's a

(02:01:44):
rebuttable presumption, but the law starts out with an assumption
that you were the person that was at fault. Because
we all have a duty to avoid obstacles in our way,
broken down cars. It's entirely foreseeable that somebody could have
a you know, a breakdown and end up disabled on
the side of the road. So you start with the
presumption that she was at fault, saying that guy shouldn't

(02:02:06):
have been there, you know, absence some really screwy circumstances,
that probably is not going to be enough to overcome
that presumption. When you add to that the idea that
she was under the influence, then not only is she
going to still be at fault for the accident, but
depending on the circumstances and whether or not it was
her first defense and a bunch of other factors. You

(02:02:28):
really opened the door to even punitive damages for the
idea of being out there drunk on the roads delivering food.
I mean it's it's how does one wind up under
the influence while they're working as an uber driver?

Speaker 4 (02:02:41):
Is that is that common?

Speaker 20 (02:02:44):
I there's a difference between the uber driver and well.

Speaker 6 (02:02:47):
I understand uber eats, but she's still going and she's
on the job, right, I mean, come.

Speaker 20 (02:02:51):
On, I'm not defending her, but let me just say
the same thing happened to me. And I wasn't drunk
because I don't drink right, And there was a stall
car and I was coming up on this was I
seventy eastbound. You know where it goes over like Havana.
There's like a little hump in the highway for sure,
and it was right over the hump.

Speaker 16 (02:03:09):
But I didn't see it.

Speaker 20 (02:03:10):
I looked down in my app for like it seemed
like one second.

Speaker 11 (02:03:13):
I look back up.

Speaker 20 (02:03:14):
There's a stalled vehicle. I got the citation for following
too close.

Speaker 11 (02:03:18):
Okay, I'm paying my.

Speaker 20 (02:03:21):
Dues, but I'm just wondering.

Speaker 11 (02:03:23):
I mean, there's got to be some.

Speaker 20 (02:03:24):
Responsibility and obligation on the stalled vehicles.

Speaker 11 (02:03:27):
Why are they there?

Speaker 21 (02:03:29):
Did she take like a roadside test or a breathalyze
or anything? Or are they just assuming she's drunk because
she hit this vehicle.

Speaker 20 (02:03:36):
Oh I wasn't there, but I got a call from
the sheriff and they said, come pick up your girlfriend.
We're not going to put her in jail because she's
very cooperative.

Speaker 9 (02:03:45):
Did she take an go with a sure thing Denver's
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Speaker 15 (02:03:51):
You don't pay a cent until you're content.

Speaker 9 (02:03:56):
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 all 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 all three
nine two zero sixteen twenty two.

Speaker 6 (02:04:21):
Good afternoon, John Fuller here on the Troubleshooter Network. We
are having too much fun today. We are going to
go right to the phones again. Here of Karen, You've
got to call about a car moped accident.

Speaker 5 (02:04:33):
What's going on?

Speaker 22 (02:04:35):
Yes, I have.

Speaker 23 (02:04:36):
My daughter in law was involved in I guess the
head on She was on her milk head and then
got hit head on and she ended up in a
hospital with injuries. And so they're wondering what are the
first steps or first few steps about getting like an

(02:04:59):
insurance in tale or what's the first couple of things
they should do. This happened like a week ago.

Speaker 5 (02:05:05):
Okay, is she doing Okay? Today she's doing Okay.

Speaker 23 (02:05:09):
She's got a couple of broken bones and and things
like that, but she's on the men.

Speaker 5 (02:05:15):
Where where did this happen, Karen? What city?

Speaker 23 (02:05:18):
It's actually in a different states?

Speaker 5 (02:05:21):
What state in Hawaii? Okay?

Speaker 6 (02:05:25):
So, and was your daughter ticketed or was she not
at fault? Was it the other car's fault for the accident?

Speaker 4 (02:05:32):
Do you know?

Speaker 23 (02:05:34):
I don't know. That's my suggestion to them first is
to get the police report. She was taken by ambulance, Okay,
so I don't think she's in ticketed or anything.

Speaker 5 (02:05:45):
So everything, Karen really comes down to trying to figure out,
first you know, who's at fault in the accident. Okay.

Speaker 6 (02:05:52):
I don't practice law in Hawaii. I don't know the
exact system they have over there, but I can tell
you that, you know, that would be step one for
us if.

Speaker 5 (02:06:00):
It were here in Colorado. So and the reason why.

Speaker 6 (02:06:03):
That's really step one is we have to be concerned
about who's ultimately going to be responsible for the medical
bills that come out of that accident. And depending on
the legal you know, framework they've got over there in Hawaii,
it could be it probably will be the person who's
that fault for the accident. The issue is whether she

(02:06:23):
has to kind of front load that and pay for
the medical care out of her own resources, or whether
there's some mechanism to have either the auto insurance that
she has over her mopad or even the other driver.
So do you know, you know, does your daughter have
health insurance as well on top of any any car insurance?

Speaker 23 (02:06:43):
I know she just applied for medicaid.

Speaker 5 (02:06:46):
Did she apply for medicaid because she was in the
hospital and they were applying for her?

Speaker 23 (02:06:53):
She applied for it because she can't go to work.
I don't know if they applied for it for her
or I don't know those.

Speaker 6 (02:07:01):
But did she apply after the accident happened or before after? Okay,
so it sounds like she didn't have her own health
insurance before this accident, and they're they're trying to retroactively
get her qualified for Medicaid, and there's nothing wrong with that.
What that's going to basically do for you is to
pay the initial bills of the you know, the hospital

(02:07:22):
and the emergency room and and the different personnel that
she saw there. That's going to probably cover her up
until when she gets discharged, and then she's going to have,
you know, the same challenges that I talked about earlier
of getting follow up care. It's difficult to establish a
primary care type relationship under under those circumstances. But again,

(02:07:43):
you're going to want to talk to a personal injury
attorney in Hawaii that can help advise you on exactly
what the.

Speaker 5 (02:07:48):
Law is there. But in general terms, you're you're on track,
You're you're you're spot on to want to get the
police report and find out who really was, you know,
was assessed fault in that if it's her. Did she
have insurance on her moped?

Speaker 23 (02:08:07):
I don't know on the moped. I know, I believe
she's got car insurance when she's driving a car, but
I don't know if the moped was or not. So
probably not.

Speaker 5 (02:08:17):
You never know.

Speaker 6 (02:08:18):
I mean, you would typically put the moped on your
auto policy as well. And in that case, you'll want
to just give them a call if she was the
one that was at fault for the accident, because they
have a duty to defend her and kind of fend
off the other driver if there were any injuries for
that driver, And so you want to give them a
call right away and open up the claim. If she

(02:08:39):
was not at fault and she was just a victim
of somebody else's negligence, then you know, whichever PI attorney
you get a hold of in Hawaii is going to
be able to get that claim opened up and get
things off to the races so that you can find
out really what you know, sources of recovery you're going
to have, and to kind of help her make some
good decisions about how to use those ben if it's best.

(02:09:00):
I mean, that really is the challenge that we run into.
Are you in Hawaii as well?

Speaker 5 (02:09:05):
Or are you here in Denver?

Speaker 14 (02:09:06):
No?

Speaker 23 (02:09:07):
No, no, I'm in Colorado.

Speaker 5 (02:09:09):
Okay, So.

Speaker 23 (02:09:11):
Going with a personal they should you think they should
contact a personal injury attorney for sure?

Speaker 6 (02:09:18):
Well, you know, listen, this is what I do for
a living, and what you're telling me is that you
know your daughter's in another state, You're not sure of
exactly what the circumstances were, You're not sure of exactly
what the coverage is. Sounds like she really doesn't have
health insurance, or if she does, it's only because they
just got her qualified for Medicaid, and you're really not
sure of who is at fault.

Speaker 5 (02:09:40):
It sounds like to me.

Speaker 6 (02:09:42):
I would pick up the phone and call a PI
attorney right away. I mean, there's really no downside. They're
not going to charge you by the hour to talk
to you and help try to figure out what the
circumstance is. And if it turns out that she's not
at fault and you've got a case there, that person
is going to be able to help you get the
best recovery of anybody, particularly when you're, you know, two

(02:10:04):
thousand miles away in Denver, trying to help your.

Speaker 23 (02:10:06):
Daughter, right, right, Okay? Will that appen?

Speaker 14 (02:10:10):
Right?

Speaker 4 (02:10:10):
I hope your daughter is okay there.

Speaker 5 (02:10:12):
Karen for the call, Karen, good luck.

Speaker 23 (02:10:14):
She's out of hospital and she's you know, she's on
the men.

Speaker 6 (02:10:19):
Good luck there, Karen, Thanks for the call. So you know,
it's just another example of you know, you just don't
know what you don't know when you get in these
accidents and everything comes at you so fast. You're in
the hospital, you've got an ambulance that's sending out a
bill about two seconds after they drop you off, and
you just, you know, it's hard to get everything organized

(02:10:42):
and on track so that you can focus on just
getting better. That's really all you want to focus your
efforts on, is just recovering. Let somebody else do everything
else if you have that opportunity.

Speaker 4 (02:10:53):
It did bring up a question in my mind, just
because she brought up moped. I don't know what the
law is, John, but recently there's been a new law
or a change of law where motorcycles now can come
up between vikers can come up between cars when you're
coming up to a stop I'm pardon me, Ken, if
you end up like if you don't see them and

(02:11:14):
you hit them, who's at fault when they're coming up
between you like that? John, I mean, that's just scary
to me when I see them. They're not always slow either,
so you know you're changing lanes, you know, when you're
coming up to a stoplight, and you don't see this
motor What happens there? How do they determine who's at
fault on that?

Speaker 5 (02:11:30):
Yeah, you try to go all Kamala on Ken, right there.

Speaker 7 (02:11:34):
Goodness, I just meant to say that cars have to
be stopped. Well, that's not what always happens.

Speaker 4 (02:11:41):
That's not what always happens Ken, when I'm in my experience.

Speaker 6 (02:11:45):
Yeah, so I believe that the law dictates that they
can only do that, like at a traffic signal, where
at least in theory, all the other cars are stopped
and they can go up to the front. I think
those I think it's crazy to do that most of
the time. I think you're just asking for troubles, you know,
and and and so it's going to come down to
just the same analysis we use on everything else. Negligence

(02:12:09):
is the you know, the failure and exercise do care
under the circumstances. So, you know, did you do something
that in the exercise of normal caution you shouldn't have done?
You know, that's kind of your definition of negligence. Just
the act of going up between the cars, I don't
think in itself is going to make you necessarily liable

(02:12:30):
for causing an accident because the law allows you to
do that, right. But you know, if if we're all
piled up at the front and the light turns green
and we have a many you know drag race off
the line and something happens, I could definitely see circumstances
where where that would have you know, bad effects, that
would have a.

Speaker 4 (02:12:50):
Bad just never looks like a good idea when they
do it, that's all I mean. I love those guys
out there and women, but then I mean, it never
looks like a good.

Speaker 6 (02:12:58):
Idea with it scares me a lot of times because
you know, what really is the scariest thing to me
is that you don't always see them, and all of
a sudden, it's just zoom right up beside you and
you you know, That's.

Speaker 4 (02:13:09):
What I see most of the time, not like what
Ken is saying, like where you're stopped and they're coming
up fifteen miles per hour or less. That's not generally
what I see.

Speaker 8 (02:13:18):
I don't think I've ever seen a motorcycle do less
than twenty miles over the speed limit.

Speaker 7 (02:13:24):
They are unbelievable.

Speaker 5 (02:13:25):
Have you gone less than twenty miles over the speeder?

Speaker 11 (02:13:28):
Yeah?

Speaker 8 (02:13:28):
I mean every motorcycle. I see going on when I'm
on I seventy or twenty five, they're just zooming past.

Speaker 5 (02:13:36):
Yeah, I you know, that's just one of those things.
I don't know. Maybe you're doing twenty under the speed
limit again. You know, Hey, we got to go to
a break right now. Thanks, we'll be right back.

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Speaker 6 (02:14:21):
Welcome back to the last hour of the Tom Martine
Troubleshooter Show. This is John Fuller filling in for Mike
and Tom. We have a couple minutes left today. We're
going to go right to the.

Speaker 5 (02:14:30):
Calls Bob, what's going on? Oh, Bob's gone, so we
won't go to b I.

Speaker 4 (02:14:35):
Wonder what he was saying. That was Bob with elliam
Landscaping is a referral list member of ours. No, maybe
you want to say something about the motorcycle law or something.
So John, I did have a question for you, being
a personal injury attorney, how do you pay for deductibles
when you're getting treatment after an accident, when you've been hurt?
How does that work?

Speaker 6 (02:14:53):
Yeah, the very best way, if we're talking about health
insurance deductibles, the very best way is to use our
medical payments coverage to make make sure that it applies
to your out of pocket maximums and your deductibles. And
the very best way to do that is to get
us involved early on where we can actually kind of
jump in between the hospital and the ambulance and all
the people that are trying to go after that met

(02:15:14):
pay money. And there's a lot of reasons why they
try to do that, But the quicker that we can
get involved and help protect that money, the better we
can dictate that it gets used in a way that
covers those cops and deductibles. That's what it was intended
to do. But there's ways in which some of these
bad players sometimes can get in there and take advantage
of that money where you don't really get the credit.

Speaker 4 (02:15:36):
For Okay, okay, gotcha. And then can you still claim
damages even if you are at fault.

Speaker 5 (02:15:42):
Yeah, that's a tough one generally injuring. Noah, generally speaking.

Speaker 6 (02:15:47):
No, if you're at fault, you're not going to be
able to recover against anybody. The only time that we
run into weird situations like that is if you're a
non negligent passenger in a car with a negligent driver,
So you're you're in the front seat, the driver is
the cause of the accident. Not only does the person
in the other car have a claim against that driver,

(02:16:07):
but you may have one.

Speaker 4 (02:16:08):
Oh, your passenger would have a claim, this would have
a claim against you.

Speaker 5 (02:16:13):
Might very well.

Speaker 6 (02:16:14):
Yeah, if you're a non negligent passenger, you can file
a claim. As long as it's not your spouse, you
can file a claim against that negligent driver. Yep, that
comes up all the time.

Speaker 4 (02:16:23):
Do you ever get like cyclists calling you for personal
injury claims?

Speaker 10 (02:16:27):
For sure?

Speaker 5 (02:16:27):
And I mean absolutely.

Speaker 6 (02:16:29):
The downside of cycling is that the damages tend to
be a lot worse when you get into an accident
and we do handle a number of those cases. We're
always happy to talk to motorcyclists.

Speaker 4 (02:16:40):
That have been I'm meant more bicyclist.

Speaker 5 (02:16:42):
Oh yeah, absolutely, yeah, you scare me.

Speaker 4 (02:16:45):
I love them, but they scare me being out there. John.

Speaker 6 (02:16:48):
You know, bicyclists have to adhere to the same rules
of the road that cars do, and unfortunately the car
drivers just don't see them that well, and so, you know,
bad things happen, and the bikers a lot of times
are just completely innocent victims and it's a complicated area
of the law. If you get into that situation, absolutely
give us a call. We we love handling those cases

(02:17:09):
and helping those people recover.

Speaker 4 (02:17:11):
Yeah, and that's John Fuller at three three five nine
seven forty five hundred or Personal injuryco dot com.

Speaker 5 (02:17:18):
Yeah. So hey, it's been a load of fun this afternoon.

Speaker 7 (02:17:21):
Yeah, and we got to give John props. I mean,
he did an outstanding job.

Speaker 5 (02:17:26):
Thank you, so thank you. We're really impressed as we're
nearing the ind here.

Speaker 8 (02:17:31):
And also for.

Speaker 7 (02:17:32):
Doctor to him to praise a lawyer, you know, he
has to be good.

Speaker 5 (02:17:36):
That's really a big move for you. Doctor. I want
to say I'm really proud of you today. We come
a long way in just this short little two.

Speaker 7 (02:17:43):
Hours here, as long as you don't mention that evil
five letter word.

Speaker 4 (02:17:47):
Did you ever practice any other kind of law, John,
or has it always been personal injury for you?

Speaker 6 (02:17:51):
From the day I've been practicing. I began working in
a a plaintiffs medical malpractice firm, but they did a
little bit of everything, and then I kind of be
doing what I do right now, and I've specialized in
strictly personal injury cases for you know, the last twenty years.

Speaker 4 (02:18:07):
So do you practice in Florida at all? And I asked,
because you have a house down there, and I know
you spend a lot of time there.

Speaker 6 (02:18:13):
I've got family in Florida. We've always had kind of
a little bit of a touch in Florida. But I've
never practiced in Florida. I don't plan to practice in Florida.
Florida has these nifty rules that say there's zero reciprocity.
So there's no way I could ever practice in Florida
unless I completely retook the.

Speaker 5 (02:18:30):
Bar and started over. And this old dog is not
learning that new trick, so that'll never happen.

Speaker 4 (02:18:37):
Now, Can you represent your wife if she's injured in
an accident, or does she have to get somebody else
to do that.

Speaker 5 (02:18:42):
I could do that. Yeah, I could absolutely do that.

Speaker 8 (02:18:45):
Interesting, John, Are there multiple states that accept the Colorado
bar and will admit you to their bar?

Speaker 6 (02:18:53):
Yes, all the states are different, and most states have
deals where if they'll acknowledge us, will acknowledge them, and
so there's kind of a reverse or you know, reciprocal acknowledgement.

Speaker 5 (02:19:04):
And you know, Flora is just not one of them.

Speaker 4 (02:19:06):
So that's John Fuller, Personal injuryco dot Com three oh three,
five nine seven forty five hundred. Join us tomorrow on
the Troubleshooter Show for Car Day, we have Kevin Culkin
in studio.