Episode Transcript
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Speaker 1 (00:00):
You're listenings KFI AM six forty. The bill handles show
on demand on the iHeartRadio f This is handle on
the law, marginal legal advice where I tell you have
absolutely no case. Strangely enough, we have another Trump story,
and there's a lot of Trump slash legal stories out there.
(00:24):
So the President signed an executive order targeting the burning
of the American flag as a crime. And that's the
problem because the burning of the flag has been ruled
by the Supreme Court as protected under the First Amendment
political speech. Actually, now this is interesting because the order
(00:48):
doesn't outright criminalize the burning of the American flag, but
directs Attorney General Pambondi to prioritize enforcement against cases of
flag desecration. Well, that's also protected where existing laws were violated.
You can desecrate the flag all you want. Now, it
(01:09):
is horrific. A lot of people have died for that flag,
or at least what the flag represents, but it is protected.
This is America where you can say whatever you want
as long as well. You can even defege people. They're
not going to stop you from doing that. Now you
have to pay the price. You can be sued, but
(01:32):
you can't be nailed for burning a flag.
Speaker 2 (01:34):
It's just that simple. So how do they get someone
from burning a flag?
Speaker 1 (01:39):
Well, how about local ordinances burning anything on public property?
You can't burn a box, right, you can't set a
bunch of clothing on fire because local ordinances say no.
And this would be in the same category a flag
would be put into that category.
Speaker 2 (02:00):
So the executive order. Oh, by the way, he says.
Speaker 1 (02:03):
If you burn a flag, you get one near year
in jail, No early exits, no nothing. That's a problem
because he's not the one that decides, he said while
he was signing the order. And so the Executive Order
has said the Administration will act to restore respect and
sanctity to the American flag. I don't know what that
means legally, and proseccute those who incite violence or otherwise
(02:28):
value violate our laws while desecrating this symbol of our country. Well,
those who incite violence that is a crime. Those who
violate laws that is a crime. Those who desecrate the
symbol of our country that is not a crime. So
(02:49):
the Justice Department or any other executive department or agency
concludes the case where a flag is set ablaze violate
state or local law, such as open burning restrictions, and
therefore the federal body is directed to refer the matter
to state or local authorities. I don't know what that means.
(03:11):
If they see it they refer to local authorities. Well,
local authorities are also under the decision of the Supreme
Court that says this is a constitutionally protected right.
Speaker 2 (03:23):
It just gets so weird, I mean, all of it.
Speaker 1 (03:25):
I just keep on talking about it, and it always
amazes me where we're going.
Speaker 2 (03:29):
All right, let's take some phone calls. Hey, Stephen, welcome
to handle on the line.
Speaker 3 (03:35):
Yeah, hey, Bill, I bought some hamburger meat, made some
meat loaf. I bit down and there was a fragment
of some sort in the meat broke my moler twoth
had to all the way downe into the route, had
to have it extracted. So now I'm looking at a
possible tooth end plant was caused, like sixty five hundred bucks.
Speaker 4 (03:58):
Do I have a case on this?
Speaker 5 (04:00):
You might?
Speaker 2 (04:00):
I mean there.
Speaker 1 (04:02):
The way it works is, there is a certain amount
of risks that you take when you buy a burger.
When you buy a hamburger meat, it's sort of assumed
that occasionally you'll have a bit of bone in there.
That's something that is sort of generally accepted.
Speaker 2 (04:21):
Uh, And so they they have that one on their side.
Speaker 1 (04:25):
However, you know, here's what you have is, hey, there
was a piece of bone in there, and my tooth
went south. So you call them. Have you called anybody
yet on their side?
Speaker 3 (04:39):
No, I haven't done anything.
Speaker 2 (04:40):
Okay, all right, get.
Speaker 1 (04:41):
All get get all of your the bills, the extraction bill,
the implant bill, all of that.
Speaker 6 (04:50):
Uh.
Speaker 1 (04:51):
And then find out you call Kroger and say I
want the claims department please, because they have a claims department.
And you send it in and you simply explain what's
going on. Now, do you have the the the piece
of bone there?
Speaker 5 (05:04):
Yes, that's good.
Speaker 1 (05:06):
So you take a picture of it, you know, send
it in because it disappears.
Speaker 2 (05:10):
And you say, here's what.
Speaker 1 (05:11):
I found in my here's what I found in my
my hamburger meat. And it's your fault. And you know,
now I this is these are my damages.
Speaker 7 (05:22):
Uh.
Speaker 1 (05:22):
What would you like do? You don't ask for anything
other than just the cost of it, and say, hey,
I just want my cost on this. I mean, you
can go for pain and suffering all that crap. But
you know, you just want to You just want your
tooth replaced.
Speaker 2 (05:33):
Is what you want. And that's and that's what I
would ask for.
Speaker 1 (05:36):
They say, hey, you know what I I you know,
just pay for this and we'll see what happens.
Speaker 2 (05:40):
Uh, you know, they may end up just paying for it.
Speaker 1 (05:43):
And I say, yeah, you know, it depends on who
is which adjuster, because are going to turn over their
insurance company probably, or they're not someone else because it's
such a low figure that you know someone is going
to do it in house.
Speaker 2 (05:57):
But anyways, that's what I start with.
Speaker 7 (05:59):
That, okay, And so I just send him a letter
or call it.
Speaker 1 (06:03):
Yeah, you send him a letter, you send them a
certified letter, and you send him an emaiker and you
call them up and you say, who do I send
this to? You know, do you have a clean's department?
Here's what happened, and then you hit all three. Hey, Bill,
welcome to handle on the law.
Speaker 5 (06:20):
Yeah. My question is I have a neighbor with a
large tree that is leaning towards our property that if
it falls, will damage our garage and any cars parked
in the driveway. Also, there is a potential if it
does fall landing on the sidewalk in front of the house.
(06:45):
Annually we send a letter requesting them to turn the
branches that are over our property and express concern. And
what I was wondering what else could be done? You know,
ultimately the tree should be removed.
Speaker 2 (07:01):
Yeah, okay, that's difficult.
Speaker 1 (07:03):
First of all, when you talk about the potential it
could fall on your house, It could fall on the sidewalk.
Speaker 2 (07:10):
You could be walking.
Speaker 1 (07:12):
Under the tree when it falls and it crushes your skill,
your skull. You could have kids that are playing under
the tree and they get.
Speaker 2 (07:20):
Crushed to death. You could be.
Speaker 1 (07:23):
Having a picnic under the tree and you will all die.
That doesn't work very well.
Speaker 2 (07:29):
Could be? Could be? Could be? Could be?
Speaker 1 (07:31):
Now anything that in fact hangs over your your property.
Of course, they're responsible for you trim it, and if
they don't want to pay for it, you assume in
small claims court. Now, the other side of it is
is you let them know that anything that happens to
your home or any injury as a result of that
(07:52):
tree going over, you're in a lot of trouble. You're
telling them that. And so I mean, do you want
to go to court? Do you want to get a
court order where the judge orders them to deal with
a treat based on speculation, because are you an expert?
If it falls, that's the problem. The judge is going
(08:15):
to say, how do you know what's going to fall?
Speaker 2 (08:16):
If it falls? It might fall.
Speaker 1 (08:21):
Now if it does fall, of course, there's a lot
of issue, and maybe it's so precarious a situation where
it's clear cut there is a danger. There, a clear
and present danger. But you've got to go to court
to get that order. So why don't you tell them? Hey, guy,
you're in trouble. If this thing falls, you're screwed. And
by the way, when you turn it into your insurance company,
(08:41):
you've been warned. You've already been told that there's a problem,
and you did nothing about it. What do you think
an insurance company's going to say to you? That's all
you can do? Do you talk to the people next door?
Speaker 5 (08:56):
The attempt anally has done much copy was no no copy?
Speaker 2 (09:03):
This sent you know what? Go and I got it.
Go get them a lawyer letter.
Speaker 1 (09:08):
Get a lawyer to write a letter, and that should
wake them up.
Speaker 2 (09:13):
It really should.
Speaker 1 (09:15):
And lawyer letters do wake up, do wake people up.
Speaker 2 (09:21):
So try that.
Speaker 1 (09:22):
I mean, you're gonna spend a couple of hundred dollars
or a few hundred dollars. But man, the problem is
if you are right, oh, you would wish you had
spent a couple of hundred bucks having a lawyer write
that letter.
Speaker 2 (09:35):
This is Handle on the Law.
Speaker 1 (09:37):
Welcome back to handle on the Law, Marginal legal advice.
Speaker 2 (09:42):
Hi fo, welcome to handle on the Law.
Speaker 8 (09:46):
Hi are you this, ma'am?
Speaker 2 (09:48):
What can I do for you?
Speaker 8 (09:50):
You know, I have a problem. I had some dental
work done, and what happened In the beginning, they said
that they didn't you dental insurance. So I paid them
the cash and it was over two thousand dollars. So
(10:10):
I called my dentists insurance and I told them what happened.
She says, well, let me check and see if they're
in the network. So she said that company is in
the network. You go and get your money back.
Speaker 2 (10:25):
We will pay them.
Speaker 6 (10:27):
Okay.
Speaker 8 (10:30):
They contacted the insurance company and they were overcharging me,
so they said that they had to return the money.
They will pay for it. So they ended up paying
for it, and I called and called the dental office
called and called to reimburse me. For the money and
(10:50):
they have not sent me.
Speaker 1 (10:51):
Okay, first of all, I would stop with the phone
calls and put it all on email, put it in writing.
So when you sue them, you can claim easily that
you've made the claim because.
Speaker 2 (11:02):
They're going to deny it.
Speaker 1 (11:03):
You're gonna take them a small claims court and you're
gonna ask for every dime back. The overcharging, although that
is really questionable because when insurance companies charge or pay,
what insurance companies pay is very different than what you
pay when you walk in and pay cash.
Speaker 2 (11:22):
That's typically what happens.
Speaker 1 (11:24):
So let's say two thousand dollars okay worth of work,
the insurance company will pay twelve hundred dollars or eight
hundred dollars. And if you think that's overcharging you, I
guess to some extent you can argue that, but you
have to look at what their normal charge is. Now,
if they're going above their normal charge, yeah they're overcharging you.
(11:47):
But if that's what they get, that's what they get.
But the fact that you are not getting reimbursed small claims,
you take them a small claims court and.
Speaker 8 (11:58):
Yes, go ahead, guess what I did, stupid? I had
I had dentures made a whole set of upper dentials.
So they have four dentists in that office. So since
they didn't give me the money back, they kept saying, well,
we're going to give it to you. We're going to
give it to.
Speaker 4 (12:16):
You and your men.
Speaker 8 (12:17):
They never did it. But I had a root canal
by another doctor in that office, and after it was finished,
that was seven hundred and thirty one dollars. So I thought, well,
maybe if I paid a seven hundred and thirty one
they'll give me back the money from the other dentists.
Speaker 6 (12:39):
They didn't.
Speaker 1 (12:40):
Okay, that's not stupid, but how do you have a
root canal done and then you get dentures?
Speaker 8 (12:46):
I have full denture. I don't have any teeth up
tops right, I had a full dentier done.
Speaker 2 (12:52):
Well for the top, got it? Okay? Small claims? Okay,
that's it. Do you assume them, but put it in
writing that fun or not? James? There you are, hello, James.
Speaker 6 (13:07):
Sada, Yes, sir, Well my question is what do I do?
Because I called you a month or two ago. I
had an issue with retirement not coming in from my
mom and they were taking a long time. I pretty
much sent him a message saying this is an emergency
situation because it was she wasn't getting it. Well, that
(13:29):
got the ball kind of rolling, and she did start
getting it, but she died a couple of days ago.
Speaker 2 (13:37):
Oh I'm sorry to hear that. And how old was
she when she died.
Speaker 6 (13:43):
She just turned sixteen February.
Speaker 2 (13:44):
Wow, Well that's pretty young. Okay.
Speaker 1 (13:48):
So I think you are entitled to or a state
is entitled for the months that they didn't pay. I
think that's what's going on. How much, first of all,
how much is was the retirement? How much was the
actual dollar value?
Speaker 6 (14:07):
Well it was through my stepdad who worked for the
Roil Road for forty seven years, so she got it
basically forty seven hundred a month, okay.
Speaker 1 (14:17):
And how many and how many months did they not
pay her from the time she retired or putting in
her paperwork to the time they did pay her, Because
you said that.
Speaker 4 (14:30):
They were starting to pay to June.
Speaker 1 (14:33):
Okay, so that's it's basically four months. That's still a
chunk of money. I mean, we're still talking seventeen eighteen
thousand dollars.
Speaker 6 (14:42):
My concern was that they were supposed to do it
in February.
Speaker 2 (14:47):
No, I understand lying on the No, I understand that. No,
I get it. I get it.
Speaker 1 (14:51):
They didn't do it. They were obligated to do it.
They didn't do it. This is a pension plan, correct.
Speaker 6 (14:59):
That's in it annuity. Okay.
Speaker 2 (15:03):
The annuity was then bought by she by Uh.
Speaker 1 (15:08):
Yeah, so you're okay, I understand your dad bought an annuity. Well,
and what are they saying? Are they ignoring you when
you're asking for the money?
Speaker 6 (15:20):
No, I want to assume them basically.
Speaker 2 (15:24):
Not necessarily.
Speaker 1 (15:24):
What what do they So you call him up or
you write an email saying, I want this money to
go into the estate.
Speaker 2 (15:30):
I think she's entitled to it. Have you done that?
And what have they said?
Speaker 6 (15:35):
I haven't gotten anything from the.
Speaker 2 (15:37):
Okay have you have you written to them?
Speaker 6 (15:43):
No?
Speaker 2 (15:43):
Okay, that's what you have to do.
Speaker 1 (15:44):
That's what you start, James, is you get the ball
rolling at this point and say, from February to June
when you started paying, she got no money and she
was entitled to it.
Speaker 2 (15:58):
And I think it's her estate that picks up the money.
But you've got to get it going.
Speaker 1 (16:02):
I mean, you can't just say what do I do
and without having contacted them, without having written them, without
making a claim. So you've got to get the ball
rolling and find out what you do, and you tell
them what do I.
Speaker 2 (16:14):
Do to make a claim? You know, what do I
do to make a claim? And they'll tell you.
Speaker 6 (16:19):
In regards to it me linking it to her dying
because they didn't pay her in that entire time. That's
what my concern is.
Speaker 2 (16:29):
Yeah, I think, I think is your dad still around?
Speaker 1 (16:34):
No?
Speaker 6 (16:34):
He only lived two years past his retirement.
Speaker 1 (16:37):
Okay, so does she have an estate? Did is it
a probate? Open anything?
Speaker 6 (16:44):
No?
Speaker 2 (16:45):
Okay, so it was yeah, so.
Speaker 6 (16:49):
It was really bad times.
Speaker 1 (16:50):
Okay, So what you let me throw this around and
think about, is uh you someone has to represent the estate?
Even do you have to open up a probate? I
don't know at this point. You know what I would do.
I would talk to a trust and a state lawyer
and just ask the question. They're not going to charge
you for that, and you go, what do I do?
(17:11):
And you should get an answer because that it's about
my pay scale as most everything is.
Speaker 2 (17:17):
This is Handle on the Law.
Speaker 9 (17:21):
You're listening to Bill Handle on Demand from kf I
am six forty.
Speaker 1 (17:27):
Welcome back, more handle on a law marginal legal advice.
Speaker 2 (17:33):
Mike, Hello, Mike.
Speaker 4 (17:36):
Hi Bill.
Speaker 9 (17:37):
I was in a car accident. A lady ran a
stop sign, hit me in the left rear passenger door,
did about twenty six hundred dollars worth of damage. File
to claim with her insurance company. Adjuster came out. Adjuster
sent me a text in writing saying you're clear to
take it to the repair shop. I make the part
of the repair ship go ahead.
Speaker 2 (17:58):
I'm sorry. Did you go to their repair shop or
your repair shop?
Speaker 7 (18:02):
No?
Speaker 9 (18:02):
I went to my own repair shop. Okay, but I
have a text from the adjuster says you are clear
to take it to the shop. So I took it
to the shop. It was there about two weeks. Shop
called me said the car's done. The day the shop
called me to say the car's done, the claims agent
called me and said, guess what your claims denied? Okay,
(18:24):
so the car so I was stuck for twenty six
hundred dollars And yes, you work. It's bad faith on
the insurance company.
Speaker 2 (18:29):
Yeah, it is.
Speaker 1 (18:30):
Although bad faith is they've basically gotten rid of bad faith.
Speaker 2 (18:34):
What you have as a breach of contract.
Speaker 1 (18:36):
Did you send the text to the insurance broker or
to the claim the claims broker. Have you gotten a response?
Have you gotten a response? No?
Speaker 9 (18:47):
No, they're juring me completely.
Speaker 2 (18:48):
Okay, they're ghosting you. How many of you sent?
Speaker 9 (18:52):
Oh? I don't know, maybe ten ooh?
Speaker 2 (18:54):
All right, So you sew them in small claims. That's it.
Speaker 1 (18:57):
You sue them for twenty six hundred bucks. Insurance company
for twenty six hundred dollars. They do business in California,
and you don't have.
Speaker 4 (19:06):
To go ahead, Well, they just won't.
Speaker 9 (19:08):
They just kick it into superior court, and then I
wind up every lawyer anyway.
Speaker 2 (19:12):
No, you go against the lawyer. It's real easy.
Speaker 1 (19:16):
Here's the text, your honor. They're saying no, and the
judge asks. Judge asked the insurance company. The adjuster said, yes,
you're saying no. How does that work? You have that text,
which is everything? And by the way, I want to
point something out because you raise a very good question.
(19:39):
I have gotten in a few accidents over the years.
I've never injured anybody but there and so usually it's
the other person's fault. I'm a pretty careful driver, so
I've been rear ended and I don't do this soft
tissue stuff because.
Speaker 2 (19:54):
There was no injury.
Speaker 1 (19:56):
Basically, it's all property damage, and the insurance company, my
law has to say you can take it to anybody
you want.
Speaker 2 (20:04):
The law was changed.
Speaker 1 (20:05):
They used to demand that you take it to their
to their mechanics or their body shop, because their body
shop is going to charge a hell of a lot
less to them, then your body shop is going to
charge them because they have a contract with body shops
all over the place and they have.
Speaker 2 (20:23):
To give them great deals.
Speaker 1 (20:25):
Here is a lesson to be learned by you, and
not that you did anything wrong, but you brought to
the table a good lesson. You always go to the
insurance company's body shop or mechanic because they're the ones
that are now responsible the guys screw up. You go there,
(20:47):
and they're not going to send you there until it
is clear they're going to send an adjuster, for example,
out there, depending on the kind of contract they have.
For example, I was in the shop because I got
into an accident a year ago, but I went to
their shop and so they were cleared to say, all right,
(21:07):
it's going to cost eight thousand dollars or whatever it is.
Speaker 2 (21:11):
We're going to turn it into the insurance so you.
Speaker 1 (21:13):
Pay the deductibles that cost them three thousand dollars, and
if you turn it into yours, it's going to be
the eight thousand dollars the insurance company has to pay
with your deductible. So they're responsible. They're the ones that
clear it. They're the ones that they have to talk
(21:34):
to the body shop or the body shop has to.
Speaker 2 (21:37):
Talk to them. So there's a lesson to be learned.
All right, you get into another one, Yeah, you got it.
Speaker 1 (21:44):
And when people get into car accidents and the insurance
companies are saying, okay, you can go any place you want,
but here's a list of our referred or preferred body shops.
Speaker 2 (21:55):
That's where you go to always, always, all And by
the way, those are good bodies. They do a great job.
Speaker 1 (22:04):
Because the insurance companies fire those body shops or mechanics
that don't do a good job, not only are they
paying infinitely less money for the work, but also their
reputation is on hand, is on is on Uh, well,
it's on the table. So for example, I had a
(22:27):
car where I have a car that had to go
into the body shop. I went to theirs, and they
I went to I think it was Mercury at that time,
and it was. So I went to one of the
body shops that was their contract body shop, and they
didn't even bring an adjuster out there.
Speaker 2 (22:44):
The body shop is being cleared per their contract. They say, Okay,
this was going to cost we'll fix it. And the
insurance company says, fine, you take it to your own
body shop or your own mechanic.
Speaker 1 (22:54):
They send it an adjuster out before anything happens, and
then they go, no, it's not worth it eight dollars.
Speaker 2 (23:01):
It's not worth six thousand dollars. And so the body
chef says, I'm not going to do it.
Speaker 1 (23:05):
We're not going to do it, and when you take
it to THEIRS, they do it. Dennis, Hello, Dennis.
Speaker 7 (23:12):
Well, yes, yes, Bill. I've always been known under my
name that my mom gave me. I have a certificate,
but I have a baptismal papers, but I have my
last name is different on the baptismal papers than what
I've always used. My mom said that she had me
(23:34):
legally changed when I was young, but I've been always
known by another, by my mom's maiden name. She gave
me her last you know name as her maiden name. Now,
when I go to DMV, I don't have a birth certificate,
but I'm sure it has the other name on it.
(23:57):
What do I do because of this new federal thing
they have to do with your you know, on your
driver's license?
Speaker 2 (24:05):
Well, okay, do you have a social Security card?
Speaker 5 (24:08):
Yes?
Speaker 4 (24:08):
I do?
Speaker 2 (24:09):
Okay? What name is on the social Security card?
Speaker 7 (24:12):
The one that I've used all my life?
Speaker 1 (24:14):
Okay, that's probably that's probably. That's probably good enough. And
your driver's license shows that name also.
Speaker 7 (24:23):
Yes, I've always been known by that.
Speaker 2 (24:25):
Okay, okay, So what all right? What's your question? Dennis?
Speaker 7 (24:29):
Well, my main question is I just heard that they
do not accept baptismal papers.
Speaker 2 (24:35):
But you don't have a baptismal paper. It doesn't matter
what you have.
Speaker 1 (24:37):
You have a social Security card and you have a
driver's license.
Speaker 4 (24:44):
Uh?
Speaker 2 (24:44):
And have you gotten a passport by any chance? No?
Speaker 7 (24:47):
I do not, But I also have a draft card.
Speaker 2 (24:51):
Well, I would you know what? That should be enough?
That should be enough for your real driver's license.
Speaker 3 (24:57):
Uh.
Speaker 2 (24:57):
They may be crazy and ask for a burst certificate.
If they do ask for a birth certificate which shows
a different name.
Speaker 1 (25:05):
Dennis, you may have to go through a name change,
a legal name change.
Speaker 7 (25:09):
Okay, and how do you do that?
Speaker 1 (25:10):
They'll, yeah, that's fairly easy. You can do it on
your own. You don't need a lawyer for that. You
go on the internet and you simply start throwing on words,
you know, search words like changing names, legal names, using
new name, old name, Adolf Hitler, want to change it?
Speaker 2 (25:31):
You can do whatever you want.
Speaker 1 (25:32):
You know, any name you want, as long as it's
not for fraudulent purposes, and it's it'll tell you how
to do it. You may not have to do it, Dennis.
They may accept all the names that you have now.
If they ask for an original birth certificate, that's an
issue I have. I have not had a birth certificate.
(25:53):
I've not asked for a birth certificate. I can't imagine
when I have naturalization papers. I was naturalized as a
US citizen when I was eleven years old. That's all
they've asked for now. I don't know if my parents
produced a birth certificate which shows I was born in Brazil.
Speaker 2 (26:09):
I have no idea. Yeah, right, So anyway, I.
Speaker 1 (26:13):
Think you're gonna be okay, And if not, you do
a name change. You know, it's procedural. You don't need
a lawyer. You do it on your own and they
and they do it and it takes a couple of weeks.
Speaker 2 (26:21):
So that's not a problem.
Speaker 1 (26:23):
This is handle on the law, and welcome out to
handle on the law marginal legally Biden.
Speaker 2 (26:31):
David, Hello, David, welcome. What can I do for you?
Speaker 6 (26:37):
Mean?
Speaker 4 (26:37):
Yes, sir, Hey, there's what I call it. I'm from
Lloy So I had a neighbor's house that was vacant.
It was for sale and the tree we had a
storm blow through and the tree of major truck or
the tree broke and some of the branches that were
(27:00):
just like spears just came down and stuck right to
my roof. There's three holes in my roof. I called
an arborius and an arborist came over and looked at
the tree and said it was dead and dead. So
I contacted the realtor. Of the realtor gave me the
insurance that I was supposed to contact. So I contacted
(27:21):
them and they had an adjustor come out. I had
a roofer come out. There was damage to my sighting
on the side of the house, and the roofer said
the sightings discontinued. We can't replace, we can't fit that portion.
Though he made it the estimate for a full wrap.
The estimate came back from the insurance company and he
(27:45):
basically said that they'd given me thirty eight hundred dollars
for the actual damage that it cost, but the actual
damage was part of that, and then he wrapped in
actual cash value. Now I'm kind of arguing.
Speaker 1 (28:01):
With okay, how much money thirty eight hundred dollars, how
much does it cost to fix the roof and put
in the sighting new sighting, because since the sighting that
you have cannot be replaced, how much money is a
whole shebang?
Speaker 4 (28:15):
The Russer came back with an est minute twenty seven
thousand dollars.
Speaker 2 (28:21):
Okay, fair enough, that's okay. The whole thing.
Speaker 1 (28:25):
So twenty seven thousand dollars is to bring your house
back to where it was prior to the tree coming down,
and that includes replacing the sighting across the entire house,
around the entire house, because it's going to look totally.
Speaker 2 (28:41):
Different, right right, Okay, got it, all right, So.
Speaker 1 (28:46):
Your claim is for twenty seven thousand dollars. They're offering
you thirty eight hundred dollars. You're not very close. So
the next step is you get to sue the owner
of the house.
Speaker 2 (28:56):
You file a lawsuit.
Speaker 1 (28:58):
Now with that being said, you are they're going to
sit down and seriously start to negotiate with you, because
if they go to court on this one, I mean,
you have a dead bang winner. I mean, there is
no question the neighbor has a duty to maintain in
this case, trees so it doesn't harm, hurt other.
Speaker 2 (29:20):
People's process property.
Speaker 1 (29:22):
And if the tree is dead, that makes it even
a stronger argument for you because it's a question of
he could have known, he should have assumed that that
was going to happen. Now, if it's a live tree
and you have an act of God, all of a sudden,
hundred miles one hundred and fifty miles an hour winds
(29:42):
come in or a tornado comes in, you know what,
that's beyond anybody can ascertain reasonably what's going to happen.
You know, if a tree starts flying out of the
ground and hit your house, you know, is it the
neighbor's fault.
Speaker 2 (29:55):
No, that's when your homeowner's insurance kicks in.
Speaker 4 (29:58):
So should I. That's that he actually brought up. He's like,
give me your insurance company.
Speaker 1 (30:03):
Yeah I would, I would, Yeah, I'd have your insurance come.
I do it because otherwise you get to file a
lawsuit against the guy next door.
Speaker 2 (30:12):
Yeah, and your insurance company then takes.
Speaker 1 (30:14):
Over and you're in it pays you because clearly he
is not paying. That's effectively a non insured incident. If
he's giving you a thirty eight hundred dollars or twenty
seven thousand dollars worth, I.
Speaker 4 (30:30):
Mean that didn't cover that. That doesn't even cover the roof.
The estimate on the roof came back at like four thousand.
Speaker 2 (30:36):
Yeah, you do it all. You do it all.
Speaker 1 (30:38):
You add all of it together, and I would turn
it over my homeowner's policy and say, hey guys, you
take care of it. And that's why God invented homeowners' policies.
Speaker 2 (30:49):
See how that works. Maritha, Do I have that right? Maritha?
What's your name? Yes?
Speaker 1 (30:57):
What's your what's your name? I was right, interesting name.
I've never heard that name before. Where's that from? S?
Speaker 6 (31:07):
She just made up?
Speaker 2 (31:08):
It's made up.
Speaker 1 (31:10):
I thought maybe it was a doctor who you're a
urologist that they had a speech impatient no, it's not
your Threatata, All right, what can I do for you?
Speaker 10 (31:23):
I had a situation where I was accused of falsifying
a document, and well, we went to trow.
Speaker 6 (31:31):
You know how you have to list all your exhibits.
Speaker 4 (31:33):
The department listed their exhibit that they were going.
Speaker 10 (31:35):
To present, and the exhibits that they had would proved
that it wasn't true. So what they did They had
expert witness, an investigator and another person to testify, but
they switched the documents. It wasn't, for an instance, the exhibit.
It was supposed to be their proof of the allegation.
(31:56):
So they had their expert witness and the investigator come
in and he said, well, what is this document number
he's and she said Exhibit A. He said, what's the
date on it?
Speaker 4 (32:03):
That wasn't the right date?
Speaker 2 (32:05):
Okay?
Speaker 10 (32:06):
The document say that was? It was a different document
in other Okay.
Speaker 1 (32:09):
But let me ask you, does it did it change
the Uh? Changed the way the trial would have gone?
In other words, Uh, I think it would have if
it had been the proper documents, the trial would have
gone the other way.
Speaker 10 (32:22):
Yes, okay, how is it say?
Speaker 6 (32:24):
What they said is no?
Speaker 1 (32:26):
I understand, But did it. Did it say that two
exhibits down the road. No, okay, So they brought in
an ex.
Speaker 10 (32:39):
They had proved that I presented a false document. And
then the person that the doctor that came on, not
the doctor represented from the household, came in said no,
that's not this was not that was not the document.
Speaker 2 (32:51):
Okay. So what and I assume you lost the case?
Speaker 10 (32:55):
Yes, okay, and that I can understand. Why would you
say that? And this is not what the docum? It's it,
it's it seas I.
Speaker 2 (33:02):
Understand, and I get it. I got it.
Speaker 1 (33:04):
What were you hit with? What were you hit with
in in the end? What what was the the damages
or the penalty?
Speaker 10 (33:10):
Wrong determination? Wrong determination?
Speaker 2 (33:15):
Wow? All right?
Speaker 10 (33:17):
So it was an affording attorney because I'm.
Speaker 1 (33:21):
Okay, So that's okay. That's an administrative decision. Uh, the
wrongful termination and you lost. It wasn't a trial. It
was an administrative hearing. I'm assuming correct.
Speaker 4 (33:33):
It was a yes, okay, just a hearing and.
Speaker 2 (33:35):
You represented yourself.
Speaker 1 (33:38):
Yes, yeah.
Speaker 2 (33:39):
I don't know where you go with that when.
Speaker 1 (33:41):
You can appeal it on procedural grounds, but uh, you know,
arguing that because they said that this document did not say,
what would prove your case.
Speaker 10 (33:55):
It's and there's document it was fake.
Speaker 2 (33:59):
I got it. I got it. Yeah, I know, I know.
Speaker 1 (34:02):
I'm just whatever. Yeah, No, that's okay. I'm just you know,
I'm not disputing what happened to you were refuting it.
All I'm saying is how you go from here to there?
And I'm saying that is such a complicated issue. I mean,
it's binding arbitration. But then you're arguing that the evidence
that was presented was not the appropriate evidence and they
(34:23):
changed the evidence, and now you get to go back
all over the all over again.
Speaker 2 (34:27):
And by the way, you go to court on that one.
Speaker 1 (34:29):
But Maria, you know, how long are you going to
do this? Did you get another job? I understand did
you get another job?
Speaker 10 (34:37):
Because of the nature of determination, it was like, I'm a.
Speaker 2 (34:41):
Liar, Okay, did you well? No one?
Speaker 1 (34:44):
No, No, you just lost a or you just lost
a termination case, a wrongful termination case. No one who's
going to hire you is going to read the documents.
If you get another job, I want to see the case.
No one's going to say that. Have you been hired?
Have you been rehired any place? No? Okay, you've tried,
and you've tried to get work, yes I have, okay,
(35:08):
And how long have you been trying to get work.
Speaker 6 (35:11):
It's going on a year now, a year.
Speaker 2 (35:13):
You've been unemployed, okay.
Speaker 1 (35:15):
So your argument is going to be because they ruled
against you, and your argument is they looked at evidence
which was not presented.
Speaker 2 (35:24):
I'm assuming there was.
Speaker 1 (35:26):
A court reporter there correct and took down all the notes.
Speaker 2 (35:30):
All right, so you can put all right. So what
you can do is get Here's what you have to do.
Get the transcripts and you have.
Speaker 1 (35:37):
To buy them, and then you have to go through them,
and then you have to argue what happened, that the
case was inappropriate, they testified inappropriately and then asked for reconsideration.
But you're past the time to ask for reconsideration. So
it's going to become virtually impossible for you to do that.
(35:59):
I mean, just there's no place to go except try
to get another job someplace. I know you think you've
been screwed over, and you probably have, by the way, Maritha,
but there's no place to go. That's the problem. You know,
it'd be so hideous more expensive to deal with it
that it's just it's impossible. I eat lots of onions
(36:19):
at garlaic and sometimes I reek of it. I have
morning breath, coffee breadth, and sometimes smelly breath for apparently
no reason. Zelman's minty mouth is my answer.
Speaker 2 (36:29):
Probably yours.
Speaker 1 (36:30):
You pop two or three capsules in your mouth, suck
on the minty coating, and when that's gone, you swallow
or bite into the capsule and they go to work
in your gut the parsley seed oil where smelly breath
can camp out. So Zelmons is a double hit mouth
and stomach, and no breath mint can even touch Zelmans.
Hours and hours of fresh, clean breath that's in your future,
(36:51):
and your family and friends will still hate you, but
they'll love your breath. Go to Zelmans dot com promo
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the lottery, all because of your great breath. Okay, maybe not,
but you will have absolutely great breath. Go to Zelmans
dot com Z E L M I N S. Zelmans
(37:14):
dot com promo code KFI.
Speaker 2 (37:17):
This is handle on the Law. You've been listening to
the bill Handle Show.
Speaker 1 (37:22):
Catch My Show Monday through Friday six am to nine am,
and anytime on demand on the iHeartRadio app
You're listenings KFI AM six forty. The bill handles show
on demand on the iHeartRadio f This is handle on
the law, marginal legal advice where I tell you have
absolutely no case. Strangely enough, we have another Trump story,
and there's a lot of Trump slash legal stories out there.
(00:24):
So the President signed an executive order targeting the burning
of the American flag as a crime. And that's the
problem because the burning of the flag has been ruled
by the Supreme Court as protected under the First Amendment
political speech. Actually, now this is interesting because the order
(00:48):
doesn't outright criminalize the burning of the American flag, but
directs Attorney General Pambondi to prioritize enforcement against cases of
flag desecration. Well, that's also protected where existing laws were violated.
You can desecrate the flag all you want. Now, it
(01:09):
is horrific. A lot of people have died for that flag,
or at least what the flag represents, but it is protected.
This is America where you can say whatever you want
as long as well. You can even defege people. They're
not going to stop you from doing that. Now you
have to pay the price. You can be sued, but
(01:32):
you can't be nailed for burning a flag.
Speaker 2 (01:34):
It's just that simple. So how do they get someone
from burning a flag?
Speaker 1 (01:39):
Well, how about local ordinances burning anything on public property?
You can't burn a box, right, you can't set a
bunch of clothing on fire because local ordinances say no.
And this would be in the same category a flag
would be put into that category.
Speaker 2 (02:00):
So the executive order. Oh, by the way, he says.
Speaker 1 (02:03):
If you burn a flag, you get one near year
in jail, No early exits, no nothing. That's a problem
because he's not the one that decides, he said while
he was signing the order. And so the Executive Order
has said the Administration will act to restore respect and
sanctity to the American flag. I don't know what that
means legally, and proseccute those who incite violence or otherwise
(02:28):
value violate our laws while desecrating this symbol of our country. Well,
those who incite violence that is a crime. Those who
violate laws that is a crime. Those who desecrate the
symbol of our country that is not a crime. So
(02:49):
the Justice Department or any other executive department or agency
concludes the case where a flag is set ablaze violate
state or local law, such as open burning restrictions, and
therefore the federal body is directed to refer the matter
to state or local authorities. I don't know what that means.
(03:11):
If they see it they refer to local authorities. Well,
local authorities are also under the decision of the Supreme
Court that says this is a constitutionally protected right.
Speaker 2 (03:23):
It just gets so weird, I mean, all of it.
Speaker 1 (03:25):
I just keep on talking about it, and it always
amazes me where we're going.
Speaker 2 (03:29):
All right, let's take some phone calls. Hey, Stephen, welcome
to handle on the line.
Speaker 3 (03:35):
Yeah, hey, Bill, I bought some hamburger meat, made some
meat loaf. I bit down and there was a fragment
of some sort in the meat broke my moler twoth
had to all the way downe into the route, had
to have it extracted. So now I'm looking at a
possible tooth end plant was caused, like sixty five hundred bucks.
Speaker 4 (03:58):
Do I have a case on this?
Speaker 5 (04:00):
You might?
Speaker 2 (04:00):
I mean there.
Speaker 1 (04:02):
The way it works is, there is a certain amount
of risks that you take when you buy a burger.
When you buy a hamburger meat, it's sort of assumed
that occasionally you'll have a bit of bone in there.
That's something that is sort of generally accepted.
Speaker 2 (04:21):
Uh, And so they they have that one on their side.
Speaker 1 (04:25):
However, you know, here's what you have is, hey, there
was a piece of bone in there, and my tooth
went south. So you call them. Have you called anybody
yet on their side?
Speaker 3 (04:39):
No, I haven't done anything.
Speaker 2 (04:40):
Okay, all right, get.
Speaker 1 (04:41):
All get get all of your the bills, the extraction bill,
the implant bill, all of that.
Speaker 6 (04:50):
Uh.
Speaker 1 (04:51):
And then find out you call Kroger and say I
want the claims department please, because they have a claims department.
And you send it in and you simply explain what's
going on. Now, do you have the the the piece
of bone there?
Speaker 5 (05:04):
Yes, that's good.
Speaker 1 (05:06):
So you take a picture of it, you know, send
it in because it disappears.
Speaker 2 (05:10):
And you say, here's what.
Speaker 1 (05:11):
I found in my here's what I found in my
my hamburger meat. And it's your fault. And you know,
now I this is these are my damages.
Speaker 7 (05:22):
Uh.
Speaker 1 (05:22):
What would you like do? You don't ask for anything
other than just the cost of it, and say, hey,
I just want my cost on this. I mean, you
can go for pain and suffering all that crap. But
you know, you just want to You just want your
tooth replaced.
Speaker 2 (05:33):
Is what you want. And that's and that's what I
would ask for.
Speaker 1 (05:36):
They say, hey, you know what I I you know,
just pay for this and we'll see what happens.
Speaker 2 (05:40):
Uh, you know, they may end up just paying for it.
Speaker 1 (05:43):
And I say, yeah, you know, it depends on who
is which adjuster, because are going to turn over their
insurance company probably, or they're not someone else because it's
such a low figure that you know someone is going
to do it in house.
Speaker 2 (05:57):
But anyways, that's what I start with.
Speaker 7 (05:59):
That, okay, And so I just send him a letter
or call it.
Speaker 1 (06:03):
Yeah, you send him a letter, you send them a
certified letter, and you send him an emaiker and you
call them up and you say, who do I send
this to? You know, do you have a clean's department?
Here's what happened, and then you hit all three. Hey, Bill,
welcome to handle on the law.
Speaker 5 (06:20):
Yeah. My question is I have a neighbor with a
large tree that is leaning towards our property that if
it falls, will damage our garage and any cars parked
in the driveway. Also, there is a potential if it
does fall landing on the sidewalk in front of the house.
(06:45):
Annually we send a letter requesting them to turn the
branches that are over our property and express concern. And
what I was wondering what else could be done? You know,
ultimately the tree should be removed.
Speaker 2 (07:01):
Yeah, okay, that's difficult.
Speaker 1 (07:03):
First of all, when you talk about the potential it
could fall on your house, It could fall on the sidewalk.
Speaker 2 (07:10):
You could be walking.
Speaker 1 (07:12):
Under the tree when it falls and it crushes your skill,
your skull. You could have kids that are playing under
the tree and they get.
Speaker 2 (07:20):
Crushed to death. You could be.
Speaker 1 (07:23):
Having a picnic under the tree and you will all die.
That doesn't work very well.
Speaker 2 (07:29):
Could be? Could be? Could be? Could be?
Speaker 1 (07:31):
Now anything that in fact hangs over your your property.
Of course, they're responsible for you trim it, and if
they don't want to pay for it, you assume in
small claims court. Now, the other side of it is
is you let them know that anything that happens to
your home or any injury as a result of that
(07:52):
tree going over, you're in a lot of trouble. You're
telling them that. And so I mean, do you want
to go to court? Do you want to get a
court order where the judge orders them to deal with
a treat based on speculation, because are you an expert?
If it falls, that's the problem. The judge is going
(08:15):
to say, how do you know what's going to fall?
Speaker 2 (08:16):
If it falls? It might fall.
Speaker 1 (08:21):
Now if it does fall, of course, there's a lot
of issue, and maybe it's so precarious a situation where
it's clear cut there is a danger. There, a clear
and present danger. But you've got to go to court
to get that order. So why don't you tell them? Hey, guy,
you're in trouble. If this thing falls, you're screwed. And
by the way, when you turn it into your insurance company,
(08:41):
you've been warned. You've already been told that there's a problem,
and you did nothing about it. What do you think
an insurance company's going to say to you? That's all
you can do? Do you talk to the people next door?
Speaker 5 (08:56):
The attempt anally has done much copy was no no copy?
Speaker 2 (09:03):
This sent you know what? Go and I got it.
Go get them a lawyer letter.
Speaker 1 (09:08):
Get a lawyer to write a letter, and that should
wake them up.
Speaker 2 (09:13):
It really should.
Speaker 1 (09:15):
And lawyer letters do wake up, do wake people up.
Speaker 2 (09:21):
So try that.
Speaker 1 (09:22):
I mean, you're gonna spend a couple of hundred dollars
or a few hundred dollars. But man, the problem is
if you are right, oh, you would wish you had
spent a couple of hundred bucks having a lawyer write
that letter.
Speaker 2 (09:35):
This is Handle on the Law.
Speaker 1 (09:37):
Welcome back to handle on the Law, Marginal legal advice.
Speaker 2 (09:42):
Hi fo, welcome to handle on the Law.
Speaker 8 (09:46):
Hi are you this, ma'am?
Speaker 2 (09:48):
What can I do for you?
Speaker 8 (09:50):
You know, I have a problem. I had some dental
work done, and what happened In the beginning, they said
that they didn't you dental insurance. So I paid them
the cash and it was over two thousand dollars. So
(10:10):
I called my dentists insurance and I told them what happened.
She says, well, let me check and see if they're
in the network. So she said that company is in
the network. You go and get your money back.
Speaker 2 (10:25):
We will pay them.
Speaker 6 (10:27):
Okay.
Speaker 8 (10:30):
They contacted the insurance company and they were overcharging me,
so they said that they had to return the money.
They will pay for it. So they ended up paying
for it, and I called and called the dental office
called and called to reimburse me. For the money and
(10:50):
they have not sent me.
Speaker 1 (10:51):
Okay, first of all, I would stop with the phone
calls and put it all on email, put it in writing.
So when you sue them, you can claim easily that
you've made the claim because.
Speaker 2 (11:02):
They're going to deny it.
Speaker 1 (11:03):
You're gonna take them a small claims court and you're
gonna ask for every dime back. The overcharging, although that
is really questionable because when insurance companies charge or pay,
what insurance companies pay is very different than what you
pay when you walk in and pay cash.
Speaker 2 (11:22):
That's typically what happens.
Speaker 1 (11:24):
So let's say two thousand dollars okay worth of work,
the insurance company will pay twelve hundred dollars or eight
hundred dollars. And if you think that's overcharging you, I
guess to some extent you can argue that, but you
have to look at what their normal charge is. Now,
if they're going above their normal charge, yeah they're overcharging you.
(11:47):
But if that's what they get, that's what they get.
But the fact that you are not getting reimbursed small claims,
you take them a small claims court and.
Speaker 8 (11:58):
Yes, go ahead, guess what I did, stupid? I had
I had dentures made a whole set of upper dentials.
So they have four dentists in that office. So since
they didn't give me the money back, they kept saying, well,
we're going to give it to you. We're going to
give it to.
Speaker 4 (12:16):
You and your men.
Speaker 8 (12:17):
They never did it. But I had a root canal
by another doctor in that office, and after it was finished,
that was seven hundred and thirty one dollars. So I thought, well,
maybe if I paid a seven hundred and thirty one
they'll give me back the money from the other dentists.
Speaker 6 (12:39):
They didn't.
Speaker 1 (12:40):
Okay, that's not stupid, but how do you have a
root canal done and then you get dentures?
Speaker 8 (12:46):
I have full denture. I don't have any teeth up
tops right, I had a full dentier done.
Speaker 2 (12:52):
Well for the top, got it? Okay? Small claims? Okay,
that's it. Do you assume them, but put it in
writing that fun or not? James? There you are, hello, James.
Speaker 6 (13:07):
Sada, Yes, sir, Well my question is what do I do?
Because I called you a month or two ago. I
had an issue with retirement not coming in from my
mom and they were taking a long time. I pretty
much sent him a message saying this is an emergency
situation because it was she wasn't getting it. Well, that
(13:29):
got the ball kind of rolling, and she did start
getting it, but she died a couple of days ago.
Speaker 2 (13:37):
Oh I'm sorry to hear that. And how old was
she when she died.
Speaker 6 (13:43):
She just turned sixteen February.
Speaker 2 (13:44):
Wow, Well that's pretty young. Okay.
Speaker 1 (13:48):
So I think you are entitled to or a state
is entitled for the months that they didn't pay. I
think that's what's going on. How much, first of all,
how much is was the retirement? How much was the
actual dollar value?
Speaker 6 (14:07):
Well it was through my stepdad who worked for the
Roil Road for forty seven years, so she got it
basically forty seven hundred a month, okay.
Speaker 1 (14:17):
And how many and how many months did they not
pay her from the time she retired or putting in
her paperwork to the time they did pay her, Because
you said that.
Speaker 4 (14:30):
They were starting to pay to June.
Speaker 1 (14:33):
Okay, so that's it's basically four months. That's still a
chunk of money. I mean, we're still talking seventeen eighteen
thousand dollars.
Speaker 6 (14:42):
My concern was that they were supposed to do it
in February.
Speaker 2 (14:47):
No, I understand lying on the No, I understand that. No,
I get it. I get it.
Speaker 1 (14:51):
They didn't do it. They were obligated to do it.
They didn't do it. This is a pension plan, correct.
Speaker 6 (14:59):
That's in it annuity. Okay.
Speaker 2 (15:03):
The annuity was then bought by she by Uh.
Speaker 1 (15:08):
Yeah, so you're okay, I understand your dad bought an annuity. Well,
and what are they saying? Are they ignoring you when
you're asking for the money?
Speaker 6 (15:20):
No, I want to assume them basically.
Speaker 2 (15:24):
Not necessarily.
Speaker 1 (15:24):
What what do they So you call him up or
you write an email saying, I want this money to
go into the estate.
Speaker 2 (15:30):
I think she's entitled to it. Have you done that?
And what have they said?
Speaker 6 (15:35):
I haven't gotten anything from the.
Speaker 2 (15:37):
Okay have you have you written to them?
Speaker 6 (15:43):
No?
Speaker 2 (15:43):
Okay, that's what you have to do.
Speaker 1 (15:44):
That's what you start, James, is you get the ball
rolling at this point and say, from February to June
when you started paying, she got no money and she
was entitled to it.
Speaker 2 (15:58):
And I think it's her estate that picks up the money.
But you've got to get it going.
Speaker 1 (16:02):
I mean, you can't just say what do I do
and without having contacted them, without having written them, without
making a claim. So you've got to get the ball
rolling and find out what you do, and you tell
them what do I.
Speaker 2 (16:14):
Do to make a claim? You know, what do I
do to make a claim? And they'll tell you.
Speaker 6 (16:19):
In regards to it me linking it to her dying
because they didn't pay her in that entire time. That's
what my concern is.
Speaker 2 (16:29):
Yeah, I think, I think is your dad still around?
Speaker 1 (16:34):
No?
Speaker 6 (16:34):
He only lived two years past his retirement.
Speaker 1 (16:37):
Okay, so does she have an estate? Did is it
a probate? Open anything?
Speaker 6 (16:44):
No?
Speaker 2 (16:45):
Okay, so it was yeah, so.
Speaker 6 (16:49):
It was really bad times.
Speaker 1 (16:50):
Okay, So what you let me throw this around and
think about, is uh you someone has to represent the estate?
Even do you have to open up a probate? I
don't know at this point. You know what I would do.
I would talk to a trust and a state lawyer
and just ask the question. They're not going to charge
you for that, and you go, what do I do?
(17:11):
And you should get an answer because that it's about
my pay scale as most everything is.
Speaker 2 (17:17):
This is Handle on the Law.
Speaker 9 (17:21):
You're listening to Bill Handle on Demand from kf I
am six forty.
Speaker 1 (17:27):
Welcome back, more handle on a law marginal legal advice.
Speaker 2 (17:33):
Mike, Hello, Mike.
Speaker 4 (17:36):
Hi Bill.
Speaker 9 (17:37):
I was in a car accident. A lady ran a
stop sign, hit me in the left rear passenger door,
did about twenty six hundred dollars worth of damage. File
to claim with her insurance company. Adjuster came out. Adjuster
sent me a text in writing saying you're clear to
take it to the repair shop. I make the part
of the repair ship go ahead.
Speaker 2 (17:58):
I'm sorry. Did you go to their repair shop or
your repair shop?
Speaker 7 (18:02):
No?
Speaker 9 (18:02):
I went to my own repair shop. Okay, but I
have a text from the adjuster says you are clear
to take it to the shop. So I took it
to the shop. It was there about two weeks. Shop
called me said the car's done. The day the shop
called me to say the car's done, the claims agent
called me and said, guess what your claims denied? Okay,
(18:24):
so the car so I was stuck for twenty six
hundred dollars And yes, you work. It's bad faith on
the insurance company.
Speaker 2 (18:29):
Yeah, it is.
Speaker 1 (18:30):
Although bad faith is they've basically gotten rid of bad faith.
Speaker 2 (18:34):
What you have as a breach of contract.
Speaker 1 (18:36):
Did you send the text to the insurance broker or
to the claim the claims broker. Have you gotten a response?
Have you gotten a response? No?
Speaker 9 (18:47):
No, they're juring me completely.
Speaker 2 (18:48):
Okay, they're ghosting you. How many of you sent?
Speaker 9 (18:52):
Oh? I don't know, maybe ten ooh?
Speaker 2 (18:54):
All right, So you sew them in small claims. That's it.
Speaker 1 (18:57):
You sue them for twenty six hundred bucks. Insurance company
for twenty six hundred dollars. They do business in California,
and you don't have.
Speaker 4 (19:06):
To go ahead, Well, they just won't.
Speaker 9 (19:08):
They just kick it into superior court, and then I
wind up every lawyer anyway.
Speaker 2 (19:12):
No, you go against the lawyer. It's real easy.
Speaker 1 (19:16):
Here's the text, your honor. They're saying no, and the
judge asks. Judge asked the insurance company. The adjuster said, yes,
you're saying no. How does that work? You have that text,
which is everything? And by the way, I want to
point something out because you raise a very good question.
(19:39):
I have gotten in a few accidents over the years.
I've never injured anybody but there and so usually it's
the other person's fault. I'm a pretty careful driver, so
I've been rear ended and I don't do this soft
tissue stuff because.
Speaker 2 (19:54):
There was no injury.
Speaker 1 (19:56):
Basically, it's all property damage, and the insurance company, my
law has to say you can take it to anybody
you want.
Speaker 2 (20:04):
The law was changed.
Speaker 1 (20:05):
They used to demand that you take it to their
to their mechanics or their body shop, because their body
shop is going to charge a hell of a lot
less to them, then your body shop is going to
charge them because they have a contract with body shops
all over the place and they have.
Speaker 2 (20:23):
To give them great deals.
Speaker 1 (20:25):
Here is a lesson to be learned by you, and
not that you did anything wrong, but you brought to
the table a good lesson. You always go to the
insurance company's body shop or mechanic because they're the ones
that are now responsible the guys screw up. You go there,
(20:47):
and they're not going to send you there until it
is clear they're going to send an adjuster, for example,
out there, depending on the kind of contract they have.
For example, I was in the shop because I got
into an accident a year ago, but I went to
their shop and so they were cleared to say, all right,
(21:07):
it's going to cost eight thousand dollars or whatever it is.
Speaker 2 (21:11):
We're going to turn it into the insurance so you.
Speaker 1 (21:13):
Pay the deductibles that cost them three thousand dollars, and
if you turn it into yours, it's going to be
the eight thousand dollars the insurance company has to pay
with your deductible. So they're responsible. They're the ones that
clear it. They're the ones that they have to talk
(21:34):
to the body shop or the body shop has to.
Speaker 2 (21:37):
Talk to them. So there's a lesson to be learned.
All right, you get into another one, Yeah, you got it.
Speaker 1 (21:44):
And when people get into car accidents and the insurance
companies are saying, okay, you can go any place you want,
but here's a list of our referred or preferred body shops.
Speaker 2 (21:55):
That's where you go to always, always, all And by
the way, those are good bodies. They do a great job.
Speaker 1 (22:04):
Because the insurance companies fire those body shops or mechanics
that don't do a good job, not only are they
paying infinitely less money for the work, but also their
reputation is on hand, is on is on Uh, well,
it's on the table. So for example, I had a
(22:27):
car where I have a car that had to go
into the body shop. I went to theirs, and they
I went to I think it was Mercury at that time,
and it was. So I went to one of the
body shops that was their contract body shop, and they
didn't even bring an adjuster out there.
Speaker 2 (22:44):
The body shop is being cleared per their contract. They say, Okay,
this was going to cost we'll fix it. And the
insurance company says, fine, you take it to your own
body shop or your own mechanic.
Speaker 1 (22:54):
They send it an adjuster out before anything happens, and
then they go, no, it's not worth it eight dollars.
Speaker 2 (23:01):
It's not worth six thousand dollars. And so the body
chef says, I'm not going to do it.
Speaker 1 (23:05):
We're not going to do it, and when you take
it to THEIRS, they do it. Dennis, Hello, Dennis.
Speaker 7 (23:12):
Well, yes, yes, Bill. I've always been known under my
name that my mom gave me. I have a certificate,
but I have a baptismal papers, but I have my
last name is different on the baptismal papers than what
I've always used. My mom said that she had me
(23:34):
legally changed when I was young, but I've been always
known by another, by my mom's maiden name. She gave
me her last you know name as her maiden name. Now,
when I go to DMV, I don't have a birth certificate,
but I'm sure it has the other name on it.
(23:57):
What do I do because of this new federal thing
they have to do with your you know, on your
driver's license?
Speaker 2 (24:05):
Well, okay, do you have a social Security card?
Speaker 5 (24:08):
Yes?
Speaker 4 (24:08):
I do?
Speaker 2 (24:09):
Okay? What name is on the social Security card?
Speaker 7 (24:12):
The one that I've used all my life?
Speaker 1 (24:14):
Okay, that's probably that's probably. That's probably good enough. And
your driver's license shows that name also.
Speaker 7 (24:23):
Yes, I've always been known by that.
Speaker 2 (24:25):
Okay, okay, So what all right? What's your question? Dennis?
Speaker 7 (24:29):
Well, my main question is I just heard that they
do not accept baptismal papers.
Speaker 2 (24:35):
But you don't have a baptismal paper. It doesn't matter
what you have.
Speaker 1 (24:37):
You have a social Security card and you have a
driver's license.
Speaker 4 (24:44):
Uh?
Speaker 2 (24:44):
And have you gotten a passport by any chance? No?
Speaker 7 (24:47):
I do not, But I also have a draft card.
Speaker 2 (24:51):
Well, I would you know what? That should be enough?
That should be enough for your real driver's license.
Speaker 3 (24:57):
Uh.
Speaker 2 (24:57):
They may be crazy and ask for a burst certificate.
If they do ask for a birth certificate which shows
a different name.
Speaker 1 (25:05):
Dennis, you may have to go through a name change,
a legal name change.
Speaker 7 (25:09):
Okay, and how do you do that?
Speaker 1 (25:10):
They'll, yeah, that's fairly easy. You can do it on
your own. You don't need a lawyer for that. You
go on the internet and you simply start throwing on words,
you know, search words like changing names, legal names, using
new name, old name, Adolf Hitler, want to change it?
Speaker 2 (25:31):
You can do whatever you want.
Speaker 1 (25:32):
You know, any name you want, as long as it's
not for fraudulent purposes, and it's it'll tell you how
to do it. You may not have to do it, Dennis.
They may accept all the names that you have now.
If they ask for an original birth certificate, that's an
issue I have. I have not had a birth certificate.
(25:53):
I've not asked for a birth certificate. I can't imagine
when I have naturalization papers. I was naturalized as a
US citizen when I was eleven years old. That's all
they've asked for now. I don't know if my parents
produced a birth certificate which shows I was born in Brazil.
Speaker 2 (26:09):
I have no idea. Yeah, right, So anyway, I.
Speaker 1 (26:13):
Think you're gonna be okay, And if not, you do
a name change. You know, it's procedural. You don't need
a lawyer. You do it on your own and they
and they do it and it takes a couple of weeks.
Speaker 2 (26:21):
So that's not a problem.
Speaker 1 (26:23):
This is handle on the law, and welcome out to
handle on the law marginal legally Biden.
Speaker 2 (26:31):
David, Hello, David, welcome. What can I do for you?
Speaker 6 (26:37):
Mean?
Speaker 4 (26:37):
Yes, sir, Hey, there's what I call it. I'm from
Lloy So I had a neighbor's house that was vacant.
It was for sale and the tree we had a
storm blow through and the tree of major truck or
the tree broke and some of the branches that were
(27:00):
just like spears just came down and stuck right to
my roof. There's three holes in my roof. I called
an arborius and an arborist came over and looked at
the tree and said it was dead and dead. So
I contacted the realtor. Of the realtor gave me the
insurance that I was supposed to contact. So I contacted
(27:21):
them and they had an adjustor come out. I had
a roofer come out. There was damage to my sighting
on the side of the house, and the roofer said
the sightings discontinued. We can't replace, we can't fit that portion.
Though he made it the estimate for a full wrap.
The estimate came back from the insurance company and he
(27:45):
basically said that they'd given me thirty eight hundred dollars
for the actual damage that it cost, but the actual
damage was part of that, and then he wrapped in
actual cash value. Now I'm kind of arguing.
Speaker 1 (28:01):
With okay, how much money thirty eight hundred dollars, how
much does it cost to fix the roof and put
in the sighting new sighting, because since the sighting that
you have cannot be replaced, how much money is a
whole shebang?
Speaker 4 (28:15):
The Russer came back with an est minute twenty seven
thousand dollars.
Speaker 2 (28:21):
Okay, fair enough, that's okay. The whole thing.
Speaker 1 (28:25):
So twenty seven thousand dollars is to bring your house
back to where it was prior to the tree coming down,
and that includes replacing the sighting across the entire house,
around the entire house, because it's going to look totally.
Speaker 2 (28:41):
Different, right right, Okay, got it, all right, So.
Speaker 1 (28:46):
Your claim is for twenty seven thousand dollars. They're offering
you thirty eight hundred dollars. You're not very close. So
the next step is you get to sue the owner
of the house.
Speaker 2 (28:56):
You file a lawsuit.
Speaker 1 (28:58):
Now with that being said, you are they're going to
sit down and seriously start to negotiate with you, because
if they go to court on this one, I mean,
you have a dead bang winner. I mean, there is
no question the neighbor has a duty to maintain in
this case, trees so it doesn't harm, hurt other.
Speaker 2 (29:20):
People's process property.
Speaker 1 (29:22):
And if the tree is dead, that makes it even
a stronger argument for you because it's a question of
he could have known, he should have assumed that that
was going to happen. Now, if it's a live tree
and you have an act of God, all of a sudden,
hundred miles one hundred and fifty miles an hour winds
(29:42):
come in or a tornado comes in, you know what,
that's beyond anybody can ascertain reasonably what's going to happen.
You know, if a tree starts flying out of the
ground and hit your house, you know, is it the
neighbor's fault.
Speaker 2 (29:55):
No, that's when your homeowner's insurance kicks in.
Speaker 4 (29:58):
So should I. That's that he actually brought up. He's like,
give me your insurance company.
Speaker 1 (30:03):
Yeah I would, I would, Yeah, I'd have your insurance come.
I do it because otherwise you get to file a
lawsuit against the guy next door.
Speaker 2 (30:12):
Yeah, and your insurance company then takes.
Speaker 1 (30:14):
Over and you're in it pays you because clearly he
is not paying. That's effectively a non insured incident. If
he's giving you a thirty eight hundred dollars or twenty
seven thousand dollars worth, I.
Speaker 4 (30:30):
Mean that didn't cover that. That doesn't even cover the roof.
The estimate on the roof came back at like four thousand.
Speaker 2 (30:36):
Yeah, you do it all. You do it all.
Speaker 1 (30:38):
You add all of it together, and I would turn
it over my homeowner's policy and say, hey guys, you
take care of it. And that's why God invented homeowners' policies.
Speaker 2 (30:49):
See how that works. Maritha, Do I have that right? Maritha?
What's your name? Yes?
Speaker 1 (30:57):
What's your what's your name? I was right, interesting name.
I've never heard that name before. Where's that from? S?
Speaker 6 (31:07):
She just made up?
Speaker 2 (31:08):
It's made up.
Speaker 1 (31:10):
I thought maybe it was a doctor who you're a
urologist that they had a speech impatient no, it's not
your Threatata, All right, what can I do for you?
Speaker 10 (31:23):
I had a situation where I was accused of falsifying
a document, and well, we went to trow.
Speaker 6 (31:31):
You know how you have to list all your exhibits.
Speaker 4 (31:33):
The department listed their exhibit that they were going.
Speaker 10 (31:35):
To present, and the exhibits that they had would proved
that it wasn't true. So what they did They had
expert witness, an investigator and another person to testify, but
they switched the documents. It wasn't, for an instance, the exhibit.
It was supposed to be their proof of the allegation.
(31:56):
So they had their expert witness and the investigator come
in and he said, well, what is this document number
he's and she said Exhibit A. He said, what's the
date on it?
Speaker 4 (32:03):
That wasn't the right date?
Speaker 2 (32:05):
Okay?
Speaker 10 (32:06):
The document say that was? It was a different document
in other Okay.
Speaker 1 (32:09):
But let me ask you, does it did it change
the Uh? Changed the way the trial would have gone?
In other words, Uh, I think it would have if
it had been the proper documents, the trial would have
gone the other way.
Speaker 10 (32:22):
Yes, okay, how is it say?
Speaker 6 (32:24):
What they said is no?
Speaker 1 (32:26):
I understand, But did it. Did it say that two
exhibits down the road. No, okay, So they brought in
an ex.
Speaker 10 (32:39):
They had proved that I presented a false document. And
then the person that the doctor that came on, not
the doctor represented from the household, came in said no,
that's not this was not that was not the document.
Speaker 2 (32:51):
Okay. So what and I assume you lost the case?
Speaker 10 (32:55):
Yes, okay, and that I can understand. Why would you
say that? And this is not what the docum? It's it,
it's it seas I.
Speaker 2 (33:02):
Understand, and I get it. I got it.
Speaker 1 (33:04):
What were you hit with? What were you hit with
in in the end? What what was the the damages
or the penalty?
Speaker 10 (33:10):
Wrong determination? Wrong determination?
Speaker 2 (33:15):
Wow? All right?
Speaker 10 (33:17):
So it was an affording attorney because I'm.
Speaker 1 (33:21):
Okay, So that's okay. That's an administrative decision. Uh, the
wrongful termination and you lost. It wasn't a trial. It
was an administrative hearing. I'm assuming correct.
Speaker 4 (33:33):
It was a yes, okay, just a hearing and.
Speaker 2 (33:35):
You represented yourself.
Speaker 1 (33:38):
Yes, yeah.
Speaker 2 (33:39):
I don't know where you go with that when.
Speaker 1 (33:41):
You can appeal it on procedural grounds, but uh, you know,
arguing that because they said that this document did not say,
what would prove your case.
Speaker 10 (33:55):
It's and there's document it was fake.
Speaker 2 (33:59):
I got it. I got it. Yeah, I know, I know.
Speaker 1 (34:02):
I'm just whatever. Yeah, No, that's okay. I'm just you know,
I'm not disputing what happened to you were refuting it.
All I'm saying is how you go from here to there?
And I'm saying that is such a complicated issue. I mean,
it's binding arbitration. But then you're arguing that the evidence
that was presented was not the appropriate evidence and they
(34:23):
changed the evidence, and now you get to go back
all over the all over again.
Speaker 2 (34:27):
And by the way, you go to court on that one.
Speaker 1 (34:29):
But Maria, you know, how long are you going to
do this? Did you get another job? I understand did
you get another job?
Speaker 10 (34:37):
Because of the nature of determination, it was like, I'm a.
Speaker 2 (34:41):
Liar, Okay, did you well? No one?
Speaker 1 (34:44):
No, No, you just lost a or you just lost
a termination case, a wrongful termination case. No one who's
going to hire you is going to read the documents.
If you get another job, I want to see the case.
No one's going to say that. Have you been hired?
Have you been rehired any place? No? Okay, you've tried,
and you've tried to get work, yes I have, okay,
(35:08):
And how long have you been trying to get work.
Speaker 6 (35:11):
It's going on a year now, a year.
Speaker 2 (35:13):
You've been unemployed, okay.
Speaker 1 (35:15):
So your argument is going to be because they ruled
against you, and your argument is they looked at evidence
which was not presented.
Speaker 2 (35:24):
I'm assuming there was.
Speaker 1 (35:26):
A court reporter there correct and took down all the notes.
Speaker 2 (35:30):
All right, so you can put all right. So what
you can do is get Here's what you have to do.
Get the transcripts and you have.
Speaker 1 (35:37):
To buy them, and then you have to go through them,
and then you have to argue what happened, that the
case was inappropriate, they testified inappropriately and then asked for reconsideration.
But you're past the time to ask for reconsideration. So
it's going to become virtually impossible for you to do that.
(35:59):
I mean, just there's no place to go except try
to get another job someplace. I know you think you've
been screwed over, and you probably have, by the way, Maritha,
but there's no place to go. That's the problem. You know,
it'd be so hideous more expensive to deal with it
that it's just it's impossible. I eat lots of onions
(36:19):
at garlaic and sometimes I reek of it. I have
morning breath, coffee breadth, and sometimes smelly breath for apparently
no reason. Zelman's minty mouth is my answer.
Speaker 2 (36:29):
Probably yours.
Speaker 1 (36:30):
You pop two or three capsules in your mouth, suck
on the minty coating, and when that's gone, you swallow
or bite into the capsule and they go to work
in your gut the parsley seed oil where smelly breath
can camp out. So Zelmons is a double hit mouth
and stomach, and no breath mint can even touch Zelmans.
Hours and hours of fresh, clean breath that's in your future,
(36:51):
and your family and friends will still hate you, but
they'll love your breath. Go to Zelmans dot com promo
code KFI. Check out their special discount. You'll have confidence,
you'll get a promotion, you'll find your soulmate, you'll win
the lottery, all because of your great breath. Okay, maybe not,
but you will have absolutely great breath. Go to Zelmans
dot com Z E L M I N S. Zelmans
(37:14):
dot com promo code KFI.
Speaker 2 (37:17):
This is handle on the Law. You've been listening to
the bill Handle Show.
Speaker 1 (37:22):
Catch My Show Monday through Friday six am to nine am,
and anytime on demand on the iHeartRadio app
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