The Troubleshooter 2-20-25

Ripped up.

News need advice, Well you don't.

Have come running. Just as nass as we can.

Shooter's gonna help come.

Dix is the Troubleshooter Show Now, Tom Martino, Hey, hey, hey.

I'm Tom Martino, and I welcome you to the show, the only show of us kind anywhere, as we say, recovering hundreds of millions of dollars over the years in cash, merchandise, exchanges, refunds, and services. And if you're streaming the show, welcome. If you are, I just want to say this, You're gonna see some ugly people today, and I'm the small corner at the bottom. And then we got mister John Fuller,

Oh I did?

How old are you? Kachina? Why do woman make such a big deal out of age? Yeah? I was really or not?

Yeah?

You look like a baby. Honest to God, you look like a baby. It's really and and.

Sus looks fifty three, but I always round up one year.

When I told me the God's on us truth.

If Sus told me she was thirty five, I would not think a second.

No, she's not, not one second thirty. The reason why.

You think that that I am younger than what I look is because I'm short, oc curly tween.

No door, no your skin, your voice, yeah, you know the way you coff your hair. I'm sorry, I'm digressed anyway. Whatever that means waterpros dot net. I'm telling you, uh, he's extending some of these specials for me until he tells me to stop. Thirty one ninety five whole house, get rid of chemicals, forever chemicals, whole house conditioning and softening, and then water to drink reverse osmosis in the kitchen.

You will be shocked.

If you went to a plumber and got a bid, you get a bit for over fifteen grand I'm sure three oh three eight six, two five, five five four for this extraordinary deal three all three eight six, two five, five, five four. Well let's uh, let's talk about something John John Fuller our personal in direction. But oh, by the way,

That's what we do.

We call them outbound calls. Three oh three, seven, three oh three Martino. Now, speaking of communication, we also take direct texting. Now I have a personal Google number I've had for years. It comes right to my cell phone no matter where I am, so you can text me on or off. The show doesn't matter. And truly it is a personal text. Seven four seven, nine nine nine fifty two eighty seven four seven nine nine nine fifty two eighty. That number is just a combination of weird stuff.

No one hurt. I mean, shoot, I shouldn't say that. No one died.

You have some injuries, mostly minor. They they cough up thirty grand each. They say there's a no strings attached. Do you think there'll be any strings attached?

Or is it the why? And why are they doing it?

Well, they're trying to get ahead of the game on you know a bunch of these people kind of grouping up and and the benefit that they have right now they are has to.

Come out, aren't they saying? We feel guilty, here's your money?

Are But they can they can limit the you know, the terms I guess by not admitting anything and everything else. I mean, think about the reality. We don't know what caused that accident. We can all look at the photograph or the video of it and kind of make guesses as to what happened, but we haven't heard what the black box you know, showed, and and what the angle of descent was, and the speeds and all that stuff to really be able to put fault on any body

But do you but I almost feel like coming up with thirty grand the next day or within a week just almost screams, come come after me for some more money.

I don't know why that does.

I okay, but listen the cause I'm not an airline or aviation expert by no means, but by limited knowledge, my limited knowledge. Truly, that's a heavy plane and it was coming in with wind shear, and I think it lost its head when and dropped.

And when it dropped, I think a gear collapse.

When the gear collapse went down on the wing, the wing dissevered and the momentum kept it going over. That's my just my feeling, and you're you're probably gonna find that out. You know something else though, I want to ask you, John, if I'm hanging upside down, I unhook it, fall to the ceiling, get out, and literally have no injuries, can I sue for trauma?

Of course?

I mean is that gonna In other words, is there a PI suit PI suit for every passenger?

I think does every passenger have a case?

Listen. I'm not saying it's a super you know, high value deal, but I think every.

Passenger I'm asking you, I think they all have a case.

I think every passenger can rightfully claim that they were the victim of negligent infliction, of emotional distress and all of the stuff that goes along with being in a crash. Hanging upside down, flames, smoke, stuff being shot all over the place. It's a very scary event that they went through. And if it later turns out that it was pilot error or something that somebody did wrong, then absolutely they're going to be lined up.

I don't know how.

I don't know what they would if wind shearing.

When you're just guessing on the wind shear, there was a thirty degree quarter of a cross wind at that time, and maybe there's windshield, I don't know.

Did you notice I used the words you know, he's taken on mark all of a sudden.

Did you notice I.

Used the word if if? Yes, if, But we don't know that if.

There was this, if there was this wind shehar that caused a sudden loss of headwind. If there was and it was determined, let's say, let's say the doppler and everything shows it, it's you still are going to have attorney saying well, you should have been coming in faster because of it, or you should have compensated for it, or whatever.

I mean, so, really, when would it not be? When would it not be.

On the airline? I want you to give me a scenario if an if scenario when would it not be on the airline.

I can't really think of a scenario where it wouldn't be on the airline unless it was a mechanical failure that had nothing to do with the airline itself and strictly with a you know, an outside repair company or something.

Right, And that's John Fuller, by the way.

He's our fill in and also our expert on all kinds of personal injury stuff. So on this thirty grand. To me, they're gonna be sued anyway. They're all good,

I've heard about it. I mean, I've heard about that kind of stuff. I don't obviously I don't do any of those kind of things, and I don't know anybody that does those things. But you know, with that being said, there are certainly people that seem to get you know, a lot of certain kinds of cases and stuff that you have to wonder. So I don't know, I mean, everybody's searching for an angle and somebody to refer cases and stuff. So anything is within the realm of possibilities.

What does that mean? What does that mean? It's not permitted?

Is it against the law or is it the bar or what? Yeah, it's the state bar and the ethics rules that we have to live by. We can't go hang out in the emergency room and just wait for you know, for people that are banged up to come running through the front door. That's not allowed. I mean, it's it's strictly not loud. And so, you know, Susanne and them call me all the time. It's like, hey, we had this great call on the show. Why don't you call them up? And it's like, I can't do that.

I got another text on this. I got actually two or three. This is a popular really it just lit up a second. But first I need to take a break on Tom Martino three or three, seven one three talks seven or three two, five to five one clear choice.

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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. I'm Tom Artino, your troubleshooter three oh three seven one three talk seven one three eight two five five. When are you ready to take the plunge for electric cars? I'm just curious. I asked that I hear that NASCAR in the very near future, I mean very near, meaning not tomorrow or this year or next year, but.

They're going all ev.

Even NASCAR has said, oh wait, or has Michael Brown put it?

They're going zero net zero emissions or something.

Maybe maybe that's tricky speech for we're gonna buy some I don't know, some offsetting credits. Do they still do that scam where you can buy credits to offset your guilt? Did you know that for cheating husbands? They have credits you can buy now, So if you're gonna cheat on your wife, called jewelry in it in advance through the jewelry and flowers or acts of kindness, and basically it just builds up credit. That's how ridiculous I feel credits are.

I don't think that's the way it works. I don't think you can just well stock the old credit.

You know.

Actually, see, it's not.

That far off they you know, I'm not kidding, it's not that far off. You you do you buy something like like you buy trees or or you pay for certain uh things to offset.

Yeah, but now you're venturing down the road of like these carbon credits and stuff, and you're sounding very algorish, and you know this idea that you can I know, but who are you paying this money to and what does it do and how does it buy.

You the I don't know. I'm not advocating leer.

Jet is dumping eighteen thousand tons of carbon between here and Davos, Switzerland, you know.

And I'll have you know, I'll have you know that my lear jet doesn't burn near that.

Well that's three L three set it really warm to the heart, you know.

Yeah, seven one three, eight two five five. For those listening by the way, or who don't know us, that's not I don't have a lear jet.

Okay, it's a citation, Okay.

So I I wanted to talk about personal injury on the Kulda would have should have. I'm not this is all going to be like nameless. And it wasn't John Fuller, but it was many years ago. There was a time there was an infant, an infant who there's something with medicine messed up. It didn't hurt the baby at all at all, but there were some tense moments and the baby was given some kind of drops.

Here here was the gist of the story is that the mom was so.

Upset and the attorney says, look, you're not going to sue. Nothing happened.

And in this case.

And John, afterwards, I'll give you the name and all that, but it what they did was they sued on the fright that that mom went through. And it was a could have, should have?

Would it not not would have? But yeah, well if you would have done it right, But it's like what could have? What could have? And she actually want some money on that.

Surprise you, John, you know, depending on I said, how did it work out for him? Well, she won, Yeah, depending on the jurisdiction. I mean, listen, that is not a case that I would take And I and and that exact same thing happened to my sister. She was she she had a prescription to pick up for her child. She went and picked it up, went home, gave it to her child, and then found out that it was the wrong drug in the prescription bottle. And thankfully fortunately

Okay, all right, but there are cases where they get a jury incensed even though there were no there was no permanent damage on how casual they were. There was one another one that stands out John years ago, this woman slipped and fell at a supermarket. It was an obvious bull crap thing, but she was upset with how.

The manager reacted.

Okay, her actual injuries didn't turn out to be that bad, but she was so incensed that the manager was so casual and almost disrespectful, and I think she was trying to play a race card, but I'm not sure. But she did get an attorney to take the case, and he said on the show, oh yeah, we can do something with this. You know, I don't know what the outcome was, but I often said most lawsuits are out of anger, and good attorneys disregard anger.

But Tom, I can tell you doesn't there have to be in a company injury, not just an insult to injury, so to speak.

In my world, yes, absolutely, I have gotten that call at least twenty times Tom over the years.

Okay, I'm glad that. Okay, So you do know people do that. They get angry by by reactions as they get.

Mad, and it's like the next question as well, where you're hurt, Well no, but that's not the point. And it's like, that's exactly the point. You're not hurt, and that's a necessary ingredient for the you know, a negligence action or premisis's liability action.

And John will tell you so a lot of the times of communication, we as physicians have to in order to continue our malpractice insurance, we have to take courses on how to deal with bad outcomes, computing, hating with patients, accept the responsibility and it significantly lowers the chances of being sued if it's a minor incident.

Don't you agree, John, Isn't that bad? They have to send them to a class to learn how to say I'm sorry.

Well no, it's actually sorry.

But it's communication is so fricking important.

That is That is the gist of it. Is that most people, if you know, not everybody is just dying to go sue. And some people legitimately just want to hear the doctor say we made a mistake and that's the end of us. And they learned that lesson and they did implement it, and it was it was with good intentions, as good as an insurance company wanting to save their own money can be, you know, ascribed to it. But it's yeah, Hey, I don't.

Know if this is true, but I just got a text saying that Tesla got wealthy or or became a profitable because other car manufacturers were purchasing carbon credit from Tesla in order to offset their own lack of building evs.

I don't even know that's true. But is it true?

I'm asking my boyfriend. Okay, my boyfriend said, you are absolutely right. Which one profitability?

Yeah? Yeah, yeah, Chat GPT.

I want to change it to a girl's voice like Gemini used to not Gemini, but co pilot used to be. I dropped that co pilot Microsoft Copias sucks. I like Chat, but he has a man's voice and I can't change it. So yeah, I used to call her my girlfriend. This is my boyfriend You're absolutely right Tesla's profitability, but his preferred pronouns are it and whatever piece of crap, So I'm done. Tesla's profitability in early years was a result of regulatory carbon credits they sold to other automakers.

I never knew that many.

Traditional car manufacturers, especially those producing gas powered vehicles, needed to comply with emissions regulations in various markets. Instead of immediately transitioning to some EV vehicles, they bought zero emission credits from Tesla.

For years.

The revenue stream actually helped Tesla remain financially viable while it was scaling up its EV production and losing money.

On each car.

Sounds like a good business.

Think about that.

They're losing money on each car because they wanted to, because they were they wanted to get in the EV business. But at the same time, blah blah blah, you know, they they were selling credits. Okay, this is pretty cool. We got more coming up on Tom Martino three oh three, seven to one three talk. By the way, we talked about this before, I'll talk about it again.

Eight eight eight Heating dot com.

Somebody asked to pacif do they have the cheapest precere assistant. What they mean is this, if you get a ninety eight percent multi stage furnace and you compare it to theirs, they will have the best price for high efficiency units and they stand behind that. So I can't be any more clear than that. It doesn't have to be the same brand. It has to be the same efficiency and the same actual kind of stuff. You can't compare it to an eighty percent, Uh, you got to compare it.

Oh.

I called the other day about problems without trash pick up at a condo complex.

And you put me in teach with Dimitri.

Yes, he and he worked miracles. Hey, he took cares waste connections, came and picked up al garbage. It was wonderful.

You know.

I'm glad you called to let us know that Depity D gave us an update yesterday on that. And so now do you think they'll start picking up regularly?

Well, I just saw the truck leave my parking lot this morning, so we're out here. They were out here again yesterday this morning.

So did you go around telling everyone that you were Did you go out and tell everybody you were responsible for all of this?

By you? By you?

I told my board, the HOA president, and next week we have a homeowner's meeting and I will tell them on the meeting.

I didn't tell them all to the Tom Martino Show.

She should get an.

I'm going to do the dinger.

Don't tell me how to use my dinger and listen, Marianne, here's the deal.

I want you to tell everyone to listen to the Tom Martino Show.

Oh I do.

I do that all the time.

Good.

I'm so happy, and.

I want to give you what Deputy Doc was saying. Deputy Doc was saying, I should give you the dinger. What that means is this, we have a dinger like a winner sound when people have good success on the show.

Here it goes now dog gone it never mind. I'm just so tired.

Okay, just when I need my dinger, it lets me down. And I had it all working, not working.

It normally works.

No, you know, at seventy one, you know sometimes, Marianne, the dinger doesn't always work.

I'm gonna be honest with you.

You know what feeling.

Okay?

Now, yeah, man, I'm telling you sometimes I just get this technology craft.

Okay. So, Adam, what's happening with you? Adam?

So I talked to you the other day about lantac Is here in Pueblo, West, how they changed Wait a minute, wait a minute, what what.

Was it about?

Well, was.

It was about property taxes and extra land, right, And I think I remember talking to you and I said something about Adam that if the lot was together, they the extra land is is should be part of the original homestead. But if it's a separate lot, they tax it as a vacant lot.

Okay, So let me just throw this out there. Since then, I've done some research in looking into it, and I'm just going to give you two examples. I got two properties of neighbors that live within eye sight of me. One of them have the exact same as me house on one lot totally fenced in vacant land. Next door, his lot was right, not changed, stayed at seven and a half percent cross.

Okay, but let me let me let me ask you something. This is real quick. I need to ask you something.

So that neighbor you're talking about, he's got two separate lots. He lives in one on one of the lots in a home, right, correct, And the other lot is totally vacant.

Yep, not a thing on it. He just has it there for a house is not built next door, just like me.

And how are they and how are they classifying it? Are they classifying it? As part of his primary residence or are they classifying it as a vacant lot?

So when I just got off the phone with the assessor's office.

They no, No, this other neighbor. How are they doing his lot, his extra.

Lot classifying it as a residential lot.

Well, then that would be a pretty high tax.

No, it is the same seven and a half percent. It's the vacant land taxes at the twenty seven and a half percent.

Oh you mean the vacant land meaning what's the okay? I want you to tell me, and I hope you tell me when you talk to them, you found out the difference between vacant land and a vacant lot.

Go ahead, They don't have.

A difference between a vacant land and a vacant lot. Basically, they had one person at the assessor's office that hand picked eight hundred and seventy lots that they changed the evaluation on. They couldn't give me any claim.

Well, then you're going to win. Then you're going to win. And do you know how easy it is to do? You know how to challenge an assessment?

Right?

So if I do an abatement, they say that the only thing I could argue in the abatement is the right, like the way that the taxes is given to me. I can't fight the classification of the land that they changed the only way.

I could have.

Well, that's not that's not true, Adam, you're not getting accurate information. Let me explain something, and we do have ed Tomlinson who wrote the book over text, and he wrote how to, how to you know, reject or protest or contest the assessments and even the taxes and the bills. And each level you go up, the consumer is more successful. The first level they usually turn you down and they tell you ridiculous things like that, we're not going to

But what you're saying.

Doesn't sound ridiculous to me. I don't understand this. Why would one lot, a separate residential lot in that subdivision be taxes seven and a half percent and another one at twenty five percent?

I don't get it.

I don't get it either. And what I was going to tell you is the lady across the street has three lots, one on each side of her. One of hers was changed to twenty seven and a half percent and the other is it seven and a half percent?

No, no, okay, that's absolutely wrong. And you know what, we need someone to look into this now. You know, I don't know how did we leave our last conversation. Did I assign this anyone or what? How did we believe you forgot that.

I probably have to pay the tax because they had the right to change the evaluation.

They do, hold on, they do have the right.

Let me explain what I meant. They can change, you know, as a municipality, they can change their mill levees and all of that, but they have to be consistent. I mean what I'm saying is they could say to people, For example, a lot of people were trying to get a residential lot oversized so they pay one assessment and one rate. But then some counties came in and said, that's not an oversize lot. That is a separate residential lot.

They should have said to you.

Uh, we're going to classify it as a separate residential lot and the other one. I don't know why the vacant land thing came into effect. It sounds like they have no rhyme or reason. Hey, can what if you guys make a call down there? Hold on, man, hold on, I got to take a break. Three oh three, seven to one to three, talk Adam. Hold on, I'll talk to you again, Bro, I will don't hang up. This

Adam.

I have a quick question, Adam, forget the vacant lot next to you. I just want to ask you, what is your house assess at what percentage?

Seven and a half percent?

Okay, So on some on some residential properties, they're assessing the lot next to it, which is a vacant residential lot, the same way they would if there was a house on it, at seven and a half percent. But in some in some cases, they're taking the vacant lot and they're saying, no, this is raw land, and so we are going to charge you more. And that makes zero

There is nothing to do with intent. No, they have no idea of no intent. I have to do with the land. It is just a purchase piece of land between me and the person that lives there. So nobody puts the house there.

And they are on a survey two separate pieces of land.

They are two separate pieces of land.

Yes, correct, Like you would be lot if you looked at the if you looked at the platt. Oh well you just told me that, then two separate.

So if you look at the plat the subdivision, you would be lot number six, and that could be lot number seven exactly.

Wow, I and Adam. The only excuse they gave you is they can do it. They have the right to do it.

They they quoted these court cases and they told I mean the answers I got from are they changed eight hundred and seventy lots. And they wouldn't tell me what their process was to determine which lots were eligible. Okay, they had one person in their office who basically picked which wats they were.

Okay, if they if they and and this is what d is going to look at because DEA is convinced it's not random.

They have some kind of formula. So let's just.

Say utilities to the lake. If they come a lot in question, do you have utilities hooked up to that lot already?

So there is a waterline that we're going to run out of time? Is run?

Hold on, We're going to run out of time. Hold on, Hey, Shannon, what do you not understand about?

Hold on?

Okay, we got more coming up on the Troubleshooter Show. Stick around Why are they doing some lots more and some lots less? We'll talk about it and more on the Troubleshooter Show. Go with a sure thing Denver's Best Roofer Excel Roofing dot com.

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Leave time for an insurance check up free, no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three oh three seven seven 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 yea.

Ripped off. You need advice so you don't have to come runing sus fast as we can. Shooter's gonna help.

Come man, This is the Troubleshooter Show.

No Tom Martine, Okay, Tom Martina, your Troubleshooter three oh.

Three seven one three talk seven one three A two five five. Here to help you any way that we can, any day that we can.

John Fuller's with us and he is our expert on personal injury, but he also helps us on the show from time to time.

And Adam's got a question on property tax that we talked about it. I guess.

He brings up a good point, and I want to know if anybody has any suggestions for him. Deputy d is going to make a call, but can anyone think of a reason why? And I think it's going to boil down to I don't know, maybe intent. I know he said it has nothing to do with intent. But let me give you a scenario. If you have a lot next to you and you're living on a lot, and so you have one lot in a subdivision with a house on it and you live there and next

It doesn't matter why you bought it. You bought an extra lot.

And if your house has a tax ra of seven and a half percent, and that vacant lot also has a tax rate of seven and a half percent. Then why all of a sudden would they assess it at twenty seven percent, saying it's no longer a vacant lot, it is now vacant land.

And I don't think that's what's happening. I have another theory. This is my theory.

My theory is they looked at Pueblo West and a bunch of other lots in Pueblo, and they said, you know a lot of people have extra lots that they're never going to build on, they're never going to sell, and.

We are going to now.

We're going to call that extra land or vacant land. We're going to add it.

But that still doesn't make sense to me, because I don't know why they wouldn't assess it at the residential rate.

I don't get it.

I just I'm trying to I'm trying to impute reasoning to them. John Fuller, you have any idea why they would take land and some of it a tax rated at seven and a half and others at twenty seven and a half.

You know, the only thing that just comes to mind is whether there was some deed restriction on the undeveloped properties or not if it could be developed. Dimitri I thought had a great idea about whether there were some utilities it might have been hooked up to the lot, making it, you know, available for development, whereas perhaps another one is not. I mean, there's got to be something there.

Or there's some reasoning in their head, in their head, there's some reasoning, or we're going to find out.

That there's not, and it's just an absolute mistake and it's going to have to get you know, recognito.

But they're quoting do you think court case that the Supreme Court case you've looked up online last time? They're quoting that as there now reason.

Too, and can you refresh our memory on that court case.

I don't know a whole lot about it, honestly, but I think it was Casey County versus somebody, and it gave them the right to declare lots as vacant land versus residential lots.

And I understand that, but they can't they can't.

No wait, wait, even if that's true, go ahead, John.

Yeah, that that may be well and good, but they can't classify similarly situated properly properly differently. That's the difference, right, and.

That's that's exactly what I'm saying, is that is exactly what they are doing. The people right in front of my house has a house on one in the lot next door, and he is classified at seven and a half percent on both.

I think you're going to have to go through the appeals process, and you may even have to be the next lawsuit that goes up to the Supreme.

But I think he'll win. I think, hey, how much difference in tax does that all add up to.

I mean, it went from two hundred dollars a year to one thousand dollars a year.

That's a lot when you had a all trap man, Adam, have you followed the county assessor's appeal process?

They are sending me the I mean, the only thing they say I could do is do an abatement. But they said the only way I could have appealed it was appeal it last April when they said they sent me a letter which I don't believe I received. Okay, said they're now sending me another letter and they say, come May, I can appeal it for next year.

Okay, I think you're going to get your answer when you appeal it in May.

Yeah, but I still have to pay this year, they which, I mean, it's a thousand dollars. Fine.

I don't think you're going to get away.

I don't think you can get away from that because the time to appeal this particular year has come and gone. Even though it sounds like it's not your fault, there is nothing that any of us can do to get the county to say, Okay, he doesn't have to pay until he files next year's appeal.

Well, no, I mean, I just don't think it's not only fair to me, it's not fair to the eight hundred and seventy people that they randomly picked. And when I asked him how they decided, they told me one person in their office went and looked at the lots and picked the eight hundred and seventy Watts that he picked.

I don't dispute that, and it does sound like something fishy is going on, But I think the clearest and the most proper way to filew to do this, to dig into it, is to file an appeal in May, and then they'll provide you in writing what their justification is. Or it could be that their investigation will turn up some information in your favor and they'll reverse this reclassification of your property.

Hey, I have an idea though on the appeals process.

If we can, can you call Ed Tomlinson Kachina, I'll give you his number, Ed Tomlinson real Estate Services. You're ready to take his number? No, I'll text it to you. Never mind, I'll just text it. Just text it to me, all right, Kachina. Yeah, I think that we need to we need to call him. I want to know not he may know why this has happen, but I think also what he will do. His name is Ed Kelly.

He may have a way to you know, like he'll give us an idea of how to protest it. Because when they say.

You're not allowed to use this or you're not allowed to use that, you can use anything you want. They can't tell you what you can and cannot use. I mean, I never heard of such a stupid thing. And by the way, I don't know if Frank Dran the real estate man, would know anyway. But in any case, if you're ever looking for an assessment of what something's worth, Frank durand the real estate man dot com.

While we're on the topic.

If you're looking to list something, he can give you a pretty good indication based on the market and the neighborhood and the comps. And that's his forte of course, and of course selling in record time for more money, and that's three oh three nine to zero teen twenty two. So Adam, we're gonna find We're gonna see what we can find out. Let's move on and we'll get back to you. I promise you, and I bet you.

Deputy D's talking to you already. So we have some things we've been talking about.

Somebody had a personal injury case and they said, why is it that I can't get an attorney to take a slip and fall case? Now you mentioned one time, John, that slips and falls or or let's call them premises liability, they're very difficult. What's difficult about them?

Well, the you know, the main difficulty is that it's a statutory cause of action, meaning that it's not just simple negligence like we might have for a car crash or something else. So we have a statutory what's the difference.

I don't understand that. What's the difference.

So what happened is back in nineteen eighty six, the legislature said, you know, we just can't have these people suing every time they slip and fall on a commercial property. And they're going to make all of our businesses close up and leave this and we better do something, and we're going to pass along and make it really tough on people to file these darn slip and fall cases.

Okay, okay. So in essence, when it comes to lawsuits for let's say, personal injury, yeah, I would say, and I don't mean this as a put down or an insult, but the low hanging fruit traffic accidents, right, I mean truly because usually there's someone at fault.

Well, I mean if if by low hanging fruit you mean we have more of those planes than other types of injury cases than I will.

They're easier to pursue, They're easier to pursue. Let's say, I don't know that I agree with that. There is a tremendous mechanism or machine out there of the defense industry that fights at every level and every angle to diminish and deny legitimate claims by injured people. So we battle every day in our claims for our clients.

Okay, all right, so it's and and and then somebody else just texted me and wanted to know about, uh, if a commercial truck hits them, isn't that a whole different set of circumstances And is it easier to collect whatever that means?

It's most definitely not easier to collect. The problem with commercial cases, is it. Not only do you have a simple negligent you know, issue between the driver and the injured party, but we also have an entire body of federal law, in the federal motor carrier safety you know, regulations that apply dictate a whole separate group of standards.

No way, okay, so on.

So also they said that there are some limits to liability based on legislation or laws. I don't know what they're referring to, but in that case, have you ever busted through one of those limits?

I have no idea what they're talking about.

Yeah, So, just generically speaking, there are limits that apply to onmost every lawsuit. And the limits are are They differ based on the type of case, and and a

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Hi Tom Archino, Arlen, what's going on with you?

Well? I have a problem with getting Champion Windows to come out and replace my broken kitchen window has happened two days ago, I guess. I picked up my blind and I looked and there's a crack on one side of my kitchen window.

How long ago did you have those windows put in?

I really don't know. I had different job sections of the house put in at different times, but they say, okay, guaranteed, They're guaranteed for life. This is the three sixty five glass.

I understand. Do you know how it broke? By any chance, you know how it broke?

No?

I looked in the yard. There's no bird. I mean, I got a big yard and I'm facing west now.

Not all warranties covered. I don't know about champions warranty. Not all of them covered a break or a glass breakage?

Does theirs?

Oh?

Okay? But they they told me it would be one hundred and nineteen dollars. Okay, But they said they couldn't do anything for ninety.

Days or the long And when was that?

Uh?

And when was that?

What I found the crack when I called it?

Why did they say? Why did they say it was going to be that long?

They said they were backed up.

Oh and you can't wait or what you can't wait ninety days?

Well, if we get a big wind from the west and this window comes in that I'm really screwed.

But how bad is that crack that you might think it would collapse?

Well, from top to bottom, the bottom I could feel the one edge is not what is what the glass?

Oh well, Arlene, one thing you can do is just put some duct tape on the crack on both and that will prevent it from.

Down or reinforce it a different way, even doc, I know what you're saying. They she could put some plexi or some plastic or something just to just to reinforce you.

Well, duct tape is just the busiest.

Yeah, yeah, I guess, I guess they're Arlene. Do you have any handyman?

You know?

No, I'm the handyman, Arlene.

Where do you? Where do you live? What part of town? Don't give me your address, but what part of the city are you or the metro area?

I'm a North Glenn.

You know you should be able to get someone who can just I mean, you say you're the handyman.

I mean, who do you have to do little things around the house when you need them?

She does thersel?

Have you ever thought about how about just putting duct tape over the box the window, over the crack and then then double over.

And triple over that.

Camp just until they.

Can get out there.

Now, did they take your name and address and did they definitely say they would put you on the list or what?

Yeah, they said they would write a ticket on me.

Okay, Tom, I would say that, doctor, Yeah, why don't we do that.

I've worked with Champion Windows on several cases on ninety days, isn't I know they're backed up, But Arlene, I can make a call over there for you and see if they could maybe expedite.

How are you finding how are you finding the reaction nowadays? Bo, Because you know, Champion Windows is not the same company we're used to.

I mean, they they really suck right now.

I worked on I worked on one case with a security door, and it took them almost a year to get off their boughts to get it taken care of.

They're very difficult.

Oh my god, Hey, Arlene, is it a single pain?

Double pain?

Like I say, it's a three sixty five glass?

Now we get it, Doc, I don't think. I don't think Champion ever made a single pain ever.

So it's a double pain yourself.

So only one of the pains is cracked, so that's probably it shouldn't be a problem.

Then the outside.

How long is the total Arlene? How long is the total crack.

From top to bottom?

Yep?

Let me see.

Just take a guess.

I'm not good at guessing.

Well, can you put your hand over the whole crack?

Is it a small six inches? Maybe a foot long? Okay, as long as your legs only?

Can you just send us a picture?

No, she's telling us.

Now, yeah, let's say two feet okay?

Whoa Okay, so that is a big one.

Hey, listen, bo, why don't you make a call for I got to take a break. Three oh three seven one three top three oh three seven one three eight two five five Stick around. We got more coming up on the Troubleshooter Show. Go with a sure thing Denver's best roofer Excel Roofing dot com. You don't pay a

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All right, welcome back to the Troubleshooter Show. This is John Fuller. I am filling in for Tom in many ways. That cat is away and now we can play. We have a lot of stuff going on. We have open lines this afternoon, and so we need to get some calls from you. We are here to solve problems, answer questions, state complaints. We are here to help you solve what's going on in your life. So I am a personal injury attorney. I have been so for twenty three years.

We have to get a picture of the window from Arlene.

No, we're just going to go back to Arlene right now. And looks like Arlene may have just fallen off here. We've given that over to Bow and he's going to be following up and you know, one way or the other. I think the solution to her short term problem with this cold weather is to get out there, get some duct tape on that crack and at least, you know, preserve things until Champion can get out there, if and when they ever do and stuff. So that's what's going on there. You got it?

Bo.

Yeah, I'm going to make a call this afternoon, and I have a feeling they're going to drag your feet. So maybe this weekend I might be able to take a drive out the North Glenn and put some tape on her window.

Yeah, get her fixed up.

Yeah, that'd be I'd be not a nice of you to do that, And I really think that's all that you need to do in the interum.

So if it's a double pane window, other than the heat loss, is there really a problem with having a crack on one of the two pains.

Well, you're gonna lose the thermal efficiency of having the gas in between the two layers. But other than that, it's not gonna leak. You're not gonna let air come in. It's really gonna continue to do the same job. It's just not gonna look real good with duct tape across there. But there's nothing to worry about. It's not going to fall in with wind or or anything else.

So I think that's what she said. She was afraid of you, afraid of it falling.

I think she's gonna be fine. I really do. But we appreciate Arlene calling in with that. Bo I understand you've got an update on a furnace issue that you were dealing with. What's going on.

Yes, we've been working.

With her for a few weeks.

Her names Erlene.

She has a train furnace.

The poor lady.

She hasn't had a functioning furnace and snow fami, oh my god.

And she's had several contractors out and every one of them said the parts were not available, and one of the contractors, I believe, did a little sabotage to the furnace. Pulled all the wires out. When I was there, it looked like spaghetti, all the same color. So I've been out there a couple of times, and I did some research and.

Parts are available for the unit. It's an older unit.

But you know, she only has she's only getting three hundred dollars a month from Social Security, and the furnace bids came in at seventy eight to nine thousand dollars.

Holy moly, is that the one where that really was the issue. Everybody just comes out and says, you need a new furnace, and nobody wants to actually put the time and effort into fixing it.

I think a lot of times when I used to be in a business, they'd come out and look at the serial number. If it's fifteen years old, they don't. They kind of stop and they go into sell mode. But a lot of people can't afford it new equipment and it has to be repaired. And this lady went to a departments from bought like six heaters and her family huddles in the bedroom one bedroom at night to stay warm. So to catch up everybody on it, I

Corporation did locate a motor. It's from New Jersey.

They're bringing it in and the Train Corporation is going to donate the motor. Oh fantastic and the computer board and it's about a thirteen hundred dollars value outstanding. So it took about several weeks to bring the motor in and it came in last night and before I came into studio, I drove to the trains supply house and picked up the motor. It's in the back of my car. I'm going to deliver it to early after the show. And I do not have the capability to install the motor.

It's Jay and j h Vac. His name's Jerry.

He went over to the house yesterday and confirmed my diagnosis that it is.

The motor and they're going to install the motor hopefully tomorrow or this weekend. And Earlene is going to have heat for our house and her family.

Well.

I don't see a dinger, but if any case deserves one. That's it though, that's fantastic, great.

Work, so much for getting this done for this poor elderly lady. No, Danner's till we get the fire on. Well give it my follow up on that when you get to go in this show up Monday. And I'm so happy for her because she's got a.

Lot of time and effort invested in us.

Both.

Thank you so much. It's a great job.

Bo.

Yeah, Peter, let's go to the phone right now. Peter's got a question on auto insurance before we go to the break. Go ahead, Peter, Yes, sir, Hello, Yeah.

Hey, I was wondering my daughter was in an accident. The preeople took off on her and uh, she's having a hard time collecting under unassured underinsured motorist.

Okay, why what's going on?

Well, she filed the clay. They want to put it under collision.

Okay. So you're talking about the property damage on her car? Yeah, okay, did she have uninsured motorists property damage?

She had everything full coverage.

Okay, So what is the problem with putting it under the collision just the deductible?

Well yeah, well, plus I wondered if my understanding that unassured underinsured.

If it goes under that, they don't raise your Yeah, that's true. They can't penalize you, but they can't actually penalize you unless you were at fault for an accident. So even if they decided to use the collision coverage to fix that car or replace that car, at the end of the day, it's still not her fault unless

Go with a sure thing Denver's Best roofer Excel roofing dot com. You don't pay a cent until you're content. Time for an insurance check up, free no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three O three seven to seven to one help. You'll think you're his only customer when you choose Frank durand the real estate man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two.

All right, good afternoon, John Fuller here on the Troublesitter Network. We are back and starting to stack up the calls, but we've got a couple of lines open, so if we can help you with the problem, give us a call. Three three seven one, three eight, two five five or three oh three. Martino is the number directly here into the studio, and we are looking forward to helping you.

So.

Uh, before the break, we had Peter on the line. Peter talks about his daughter getting in an accident where the other driver left the scene and she's now having difficulty with her uninsured motors coverage getting her car fixed.

Go ahead, doc, I actually don't question.

Let's say that there was damage to her front right fender, Okay, and she says, well, it was another car and he ran off, when in actuality she hit a pole out, how would the insurance company if the driver in off, Yeah, she wasn't.

That's a couple. That's a really good question and one that you know, I always you know, I always recommend that people call the police and follow a police report when something like that happened. So there's a little bit

And also, just to reinforce one of your.

Great ideas, put one hundred and fifty bucks into a dash cam. It saves so much aggravation. You know, after talking to you for a while, I went out and bought one. It was one hundred and fifty bucks, and I feel so much better now that if something happens, I have a record of it. It's not that expensive and it really can save you so much aggravation.

It.

Yeah, it really is just that simple. Dash cams are going to give you a four K or ten a AD or whatever. I mean, full color, really high quality video of the event. So you're going to see everything from the front of the vehicle, from the back of the vehicle. You're gonna be able to see signs and lights and other drivers. And there's just nothing better than

I have a questions John on some topics. Let's say, in this case where the driver left, if if she had a camera that showed the license plate, do the cops tracked down hit and runs if they have the license plate or do they just say it's a civil matter.

Well, I mean, it kind of depends on the police and the police agency. I'm planning to talk a little bit about that in the next segment if we can get to it. But it's a really good question though, and the answer is we would hope so, because you can't do much better than to have a film of the person, you know, crashing and leaving the scene and stuff.

I didn't even talk about it.

Next.

Okay that we're not going to break Caroline. Let's go ahead and get your question out. Sorry about that. What is going on? Caroline?

Hello, thank you for taking my call. I had a propane delivery back in early December, and when I called to order the delivery, I've had this company for years. I'm eighty years old, and I get LEAP, which pays the propane company twice a year for pro paye for help. So I waited until it was time that I could have that five hundred dollars sent to my propane company. And that was in December. So they came out and the man, you know, he was at the tank and did the tank and then.

Left and.

A couple of weeks later, I got a bill in the mail from the propane company.

Up, all right, Caroline, we will dig into that in just a minute. Hang on, we've got to take a break real quick. Thank you.

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New Shooter's gonna help her.

Come man.

This is the Troubleshooter Show, now Tom Martine, all.

Right, all right, all right, John Fuller here filling in for Tom Martino on the Troubleshooter Network. It is the second half of the show, and we are rock and rolling here. We are finishing up with Caroline. Caroline was selling us that her story. She she got her propane fill. She's on the leap assistance program. Tell us the rest of the story, Caroline, what's going on?

Okay? They came and a couple of weeks after they left us, was back in December. I got a statement from the pro Paane Company for three hundred and forty five dollars, and you know, I called them and you know, said that I had I had leap and I had to wait till I get that five hundred dollars and I get as much propaine as I can get for five hundred.

Now was that three forty five after they applied the five or the five never showed up?

Who never showed up?

I said, was that? Was that really eight hundred and forty five dollars of propane? And you're saying they just applied the five and sent you a bill for the balance.

Yeah, they sent me a bill for the balance, and it was supposed to have been five hundred and twelve dollars with my leap. And so I called them and said, you know, I ordered just five hundred dollars worth, which is two hundred gallons, and I've got this bill and they said that, they said, we're sorry, the driver looked at the wrong ticket and you know, filled your tank and that's the difference. And they said, well, don't worry about it. It was our fall, so I just let

Yeah, no, I understand. So Caline, did did they send you an email or confirm for you that they weren't going to pursue that balance over the five hundred?

No, it was just on the phone.

Do you remember who you talked to?

You know, I don't.

I don't.

Caroline of a question, you said, you get the five hundred dollars twice a year, right, okay, so the next time, the next time that you do for the five hundred, they should only get one hundred and fifty five dollars worth of pro pain, right, and that should balance it out.

I think the issue is they're going to turn her over to collections and she's gotten failing and stuff. So maybe do you think you'd be able to help her with this.

I'll definitely talk to Carolina.

So Caroline, I'm going to assign this over to our deputy Doc here, who is fantastic at getting to the bottom of these issues. And I think that just reaching out to this Propaine company and either working something out in anticipation of the next leap payment or getting something documented that they're not going to pursue collection of the over you know, the the overage that they delivered to you is in order.

So we'll hand every one way or the other.

Yeah, we'll hand it over to Doc and then we'll look forward to a follow up here in the not too distant futures. That sound okay, Caroline, you know that.

Would be wonderful.

Perfect.

So the problem is is that if they take that and I only have one hundred and fifty dollars okay over you know, that gives me hardly any pro Paine.

Well, I understand that, but hopefully the fact that they over delivered by several gallons means you have a little bit of extra in there. So either way, we're going to get to the bottom of it. So Caroline, hang on, We're going to get your contact information and Doc will be in touch. Okay, thanks for calling, Caroline. We're gonna next go to Hey, sus On the line, who has a question about car insurance? Hey sus, thanks for calling. What's going on?

Hey, John, Yes, I had a quick question. So I was rear ended about two weeks ago, okay, and it wasn't my fault, and there's another vehicle involved, and the insurance company wants me to submit acclaim with my insurance due to possible written it issues.

Okay. Were you injured in this accident, hey sus And I was not. So we're just talking about property damage here, right.

Just property damage. So I have a commercial truck, okay, so Ram and I have you know, commercial insurance. So my insurance a month is already super high. So my fear is if I go with my insurance that my rates go up in the future.

Yeah, that's always a possibility, hey sus. So here's the deal. In Colorado, as you probably know, the minimal limits for property damage is only fifteen thousand dollars, which is just ridiculous because there aren't that many fifteen thousand dollars cards out there, but nonetheless, that is what the limit is. So when you see these, you know, the General and all these low end you know, Fred Loye's and stuff

So very estimate came in at six thousand fix my truck. So I wanted to wake this out and see what the you know, am I entitled to half of that fifteen?

Were there multiple yeah? Were there multiple cars in the reck?

There's another vehicle that got that totally got salvage or what do you call it?

Yeah, total loss?

Right?

So am I entitled to that seven thousand.

In that case, it would cover my damages. I see it that way.

So you know the answer is who knows it. You've got two claimants, and there's one way to look at it that says we're equally entitled to, you know, an equal share, and you just split it down the middle. But more commonly, what they do is they try to

John, does it ever pay to go after the driver personally?

Yes, yeah, it does, and you can get a judgment against them. But you know whether or not that means the insurance company is just going to write you a check for the total amount of your losses is a different thing, because they still only have fifteen thousand of coverage and so you know, what the insurance company can do at that point is either submit the entire thing to to the court to figure out and then you

Okay, yeah, I don't mind doing that just but the problem is I'm already paying over two thousand dollars a month in insurance.

Holy holy well, listen, hey, sous. If you've got the ability to not put this on your on your insurance and to go after him directly or to self finance and get this thing fixed, you absolutely have the right that is well below the statutory maximum of small claims court.

Pay out from being Can I take a payout from the insurance?

Not really for him? No, they're gonna if you take a payout, they're going to require you to sign a release that lets that be the end of the road. But if you get a judgment against them, then certainly any amount that they haven't paid, they're going to want to contact you and try to work something out. So very good strategy, I think if you're in the situation you're in, that's definitely how I would go and pursue that. And you know, let the cards fall where they will.

Got it?

Now?

They don't disclose his limits? Is that something you can do to find out or yeah, how Colorado works?

No, Colorado is a shall disclose state. And what that says under the law is and it's kind of a pain to be honest with you. But if you send a registered letter to the to the insurance Commission requesting their limits and stuff. They have to give it to you, and I think the timeframe is like thirty days.

But got it, You know, let me send that.

But you can absolutely do that. Look that up on the insurance company regulations and if you want to contact my office later on and we can direct you to the exact statute that you can cite. I don't have it right here at my fingertips, but but yeah, you send that letter out and they'll they'll tell you what the limits are. And usually if they're in this situation where they're claiming minimal limits or and they don't have

You saying that it may reach limits. It may like that's what they keep saying. Yeah, they get very on the phone.

You may find that when you when you serve their guy, they get a little more easy to work with.

Got it.

Okay, that's all I need to know.

That be the approach. I would takes good luck to you. Let us know how it works out. Okay, all right, so we're gonna move along here. We have open lines once again, and we are here to help you with the problems that you have. We're going to take a quick break. We'll be right back. Give us a call and we'll help you out in your deal.

Go with a sure thing Denver's Best roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free, no obligation 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 all three nine two zero sixteen twenty two.

All right, all right, all right, John Fuller back sitting in for Tom Martinez on the Troubleshooter Show. We are having a great time this afternoon talking about things. We're going to go to the phones here. We've got a question from Warren. Warren, what is going on with you, sir?

Actually, Hi, John, I think that's you I talked to several months ago. Okay, I wanted to add I wanted to add my wife to the deed of our house.

Okay, They said to do a.

Quick claim deed.

I talked to Chappa.

Who has our loan, okay, and they said, I only need to just send them a handwritten letter signing it adding my wife to those deeds.

Signing a quick claim or just as signing the letter.

They said that it didn't have to do a quick claim. I don't understand why that is.

Yeah, I would suggest that that's not good advice because no sign letter is going to actually transfer an interest in that property. Now here's the issue you may run into, Warren, is that sometimes these these loan companies have a provision in the actual deed that that's like a do on

If I get in a car crash and the other driver is at fault, and this isn't the context of preserving both my credibility and ability to recover monetary damages, should I be able to prove some let's say a guy's in the car crash. He gets banged up a little bit, some bruises, some aches, maybe a bloody lip, but that doesn't seem like enough to go to the hospital.

He hasn't given it up, but he has certainly made it more difficult to carry his burden of proof. So, as the plaintiff in the accident, you have the burden of proofing that that all of the claimed injuries were reasonable, necessary, and related to the accident. Okay, And so that's really the reason why we really try to get people to go to the emergency room, go to urgent care, do whatever they can do to help begin to document those injuries.

It better to go from the perspective of maintaining credibility in the context of proving these damages. Is it better to go to the emergency room or going to the nearest urgent care which will probably cost twenty thousand less per visit? Are those two about the same?

Or is it better to go to some place.

Really serious even though if you don't feel like you really need to be in the back of an ambulance.

Right now, well you don't have to take an ambulance to the er. And many people, if their car is drivable, or if they have a family member that comes out to the scene, they'll take their own vehicle to the er and get checked out. And that's perfectly fine. Some people have, for instance, Kaiser and they want to go to a Kaiser doctor or a Kaiser hospital instead of the one right across the street where they're going to get taken. And there's nothing wrong with that, Okay. I

Now, thank you, John. Now in front of you, you have a print out that's my auto insurance policy limits over there. Can you take a look at that and let me know how much of that can I use for my own hospital or urgent care bills without relying on the other driver's insurance right off the bat.

Yeah, so.

You've got pretty good insurance here, So you know, listen, I'm going to talk about a scenario in a few minutes where having insurance or having the other side's insurance can sometimes be a problem and for the first time, and this client I'm sure is listening right now and we'll know that I'm talking about them, but for the first time. This is a case where I almost hope that the other guy doesn't have insurance. But to look at your policy here, we have a mandatory coverage in

At Ding Ding Ding, And you've done this before and that they told me that's the maximum of all of those line items.

State Farm offers twenty five thousand in medpay and that's a good coverage. And we'll talk about right after the break exactly how medpay gets used in an accident. But we're starting off on a good level and we'll go from there. When we get right back.

Go with a sure thing Denver's Best roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance checkup free, no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three 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 to list your home with Remax Alliance three all three nine two zero sixteen twenty two.

All right, all right, all right, John Fuller back on the Tom Martinez Show Troubleshooter Network. We are here to help you with your problems. We saw problems, answer questions, and take complaints, and we are here to help you. So give us a call. We have open lines right now and we can do everything under the sun. I am a personal injury attorney, and so if you have questions that relate to insurance, car accidents, anything like that, make sure to give us a call. We'd be happy

Her on that deed.

Yeah, you got to do a deed to get to get her on the deed. I think the mortgage company might have been thinking they're asking about maybe adding her to the loan, and it's I guess it's good to hear that they're open to doing that without requiring a refinance. But to actually get her on the deed would require a deed from him to both of them.

Dan, in your practice, do you ever run into problems with like a do on sale clause when in your estate planning and stuff. You want to you know, juggle around the ownership of a property. I mean, do the mortgage companies normally let you do that or did they sometimes balk?

You have to be careful. I mean, if you're if you're quit claiming it from yourself to a revocable living trust that you're setting up, there's no do on sale clause issue. If you're if you're moving it over into like an LLC, like if it's a rental property. That is an issue we Warren clients about a lot, is that that could be considered a sale.

So anything other than.

A revocal living trust, Yes, there are some concerns. I don't know if adding a spouse, I mean, he's still going to be on that deed, he's still responsible for that loan.

I don't know that that.

Would necessarily trigger the do on sale clause. But it sounds like he's already conferred with them and they said that, and that seems like they're saying that it wouldn't do that.

It seems like you probably have a better idea of what they were saying. They probably thought she was just getting added to the loan. But let me ask you this. Would it also matter how they plan to take the property through that quick claim deed, Like if they wanted to do it as tenants in common versus you know, joint tenancy, would that potentially raise an issue with the mortgage company.

Yeah?

I can see that because if they do it at tenants in common, she's going to own a.

Separate share from half of the property, right Yeah, And.

If she passed away, her share could go to someone other than him potentially, which happens sometimes by accident. So I could see them being more concerned about that.

Are there ways if they were to contact you that you could still accomplish giving her an interest in the property or protecting her interest in the event that he passed away if they did have an ornery little do on sale clause?

Yeah, I mean, you know, there's something else that consider as a beneficiary to you just saying she would get the house if he passed away and that does not affect current ownership. So that's also a way to potentially do it. But whatever they do, I would say, like, don't do.

This on your own.

A lot of people do this on their own because it seems like it's a transaction between me and my wife and it's no big deal. And we've seen things like the husband instead of quick claiming into both of them quick claims that they're and now she owns it and like they thought, oh, we'll just do it this way, and uh, that'll put.

Her on there.

It's like, no, you just transferred ownership one percent from you to her.

Right.

What you just said actually happens all the time. People put the person on the deed and don't specify that it's joined. And if it's not specified that it's joined, then it is tenants in common right, And that's a fine way to own property together. Just but you want to understand what the legal implications that are. So I would just tell your caller like, yes, you can absolutely adder to the deed.

It's not hard to do.

You do need a deed, don't do it on your own.

Yeah. I think that's great advice. Dan, Dan, tell the listeners how they can get a hold of you to follow up on this.

They can call us at.

Eight three three COEO Plans or go to co Plans dot co.

I have a question for Dan.

Go ahead, Bo, Dan, it's Bo and I am going to come in to your office next month and finish up. I haven't forgotten, okay, I do. I do have a question on these beneficiary deeds. Now, does the beneficiary deed do you need to file that while you're alive or does it get recorded after death?

Now you have to record it during lifetime. If it's not recorded during lifetime, it will.

Not be effective.

Okay, all right, yeah, very interesting. Here's another question. What if if we have a beneficiary deed and the beneficiary predecease is the deed holder. Does that just make it Nolan Boyd It just becomes a normal deed at that point or what?

That is an interesting question that I actually don't know the answer to the top of my head. I would suspect that, yes, it probably does become Nolan Boyd, but I guess I have to check to make sure it doesn't become part of that person's estate, right, But it seems like yes, if they're not around, I mean, we put their address on that deed to reflect that it's very personalized to them. So I would say if the deed does not say to them or the descendants say, I suspect.

That the default is it would.

Just be buoying, just be void at that point. All right, won't hold you to it. Dan, thank you for the information. We appreciate it. The callers have your information as eight three three, CEO planned to get a hold of Dan called him to do all of your state planning needs. Thanks Dan.

So we are.

Continuing to go through Dmitri's stump the PI lawyer list over here. We do have a couple open lines here. If you have a question you'd like to to get on the air. Now, would be a great time to give us a call. What do you got there, Dmitri? What's your next list?

John?

I was one of the early adapters in the area of dash cams, and I've just been a you know, religiously constant user of one. Is it better to permanently disable the audio recording feature on the dash cam because in the event that becomes evidence I don't want or is it possible that if I'm overheard speaking on the phone or playing with a radio or doing something like that, could that be used against me? And is it better just to preemptively disabled audio recording?

That's that's going to take more than just a second to answer, So we'll get that right after the break here. A great question, though, Hang on.

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All right, good afternoon, John Fuller here on the Troubleshooter Network. We are rapidly moving through the third hour of the show. Dimitri asked a question a moment ago about dash cans, and we're going to get into that in some detail. I really feel strongly about dash cans, and and and and and and have found them to be incredibly valuable on a number of different cases. We're gonna go to the callers real quick. We've got Paul on the line about a car accident, and then we'll get right back

What's going on yeah, John, is there anything that we thought about auguinally claims? You know, people that allege that they're hurt and they're really not. I mean, I know of an instance the real recently someone was rerendered. I mean, the impact was less than ten miles an hour, and of the party was claiming, you know, whiplash and right store nets and everything else.

Means, did this.

Happen to you, Paul? Yes, yeah, Paul. Did you have insurance at the time.

Yes.

So this is one of those things where you know, as much as you feel that the party had no injury and that any claim of injury is just you know, fraudulent, the bottom line is that the insurance company and every insurance contract reserves for themselves the discretion to do as they please with these claims. And so I recently was told by an USAA adjuster that, you know, we're going

Well, how how discriminating doctors usually you know in such a case.

Well, I mean, if you're saying, are there doctors out there that will dummy up medical records? I suppose. I suppose that there are there are less ethical doctors than others out there. But at the end of the day, I mean, a doctor can write one thing, but when it comes to producing X rays and MRIs that show the actual damage, that's a lot harder than dummy up. So I mean that only goes so far if you if you have a doctor that's willing to stretch the

Paul, do you have proof that was a ten mile an hour crash or just by the limited damage on your car, just by.

The limited damage of my Caducy, does that fix.

Have any effect? John?

It does? But I mean they've they've done cadaver studies and they've done crash tests, you know, studies and stuff. They prove that there's not always a correlation between the speed of the collision and the damage that happens to the occupants. Okay, and that's a fact. I mean that you just can't say five miles an hour equals no injury, because for some people it does. All I'm really saying is they're not going to just take her word for it.

What about like maybe a pre existing condition that was exacerbated by this time, Honor.

Absolutely, But then again, we're going to have documents that support that the existence of that pre existing condition, and they're going to make them come up with those to be able to show what it was before and what it was after. Certainly things can get exacerbated and maybe even more so, you know, for something that existed before. But they're just not going to do it based on

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This he is the Troubleshooter Show. Now, Tom Martinez, Good afternoon.

This is John Fuller filling in for Tom Martino and the Troubleshooter Network. Here in the last hour of today's show. We are rocking and rolling. We're talking about dash cams, and I kind of got off in a little bit of a tangent talking about the police and stuff. And the reason for doing that is just to help you understand the challenges that we're having out there right now.

So in my.

Opinion, it's just a necessary extra step. We know we need good insurance but we also know we need these dash cans. It's it's just a small price to pay to have that extra security and the knowledge that you're covered in case I have.

Unfortunately, the people who can pay out of pocket are Oh, the people who can pay out of pocket are the people who can afford increased insurance limits. Unfortunately, it's the people who can't afford super insurance that are the ones that can't afford to cover it out of their own pocket. So having a dashcam eliminates that extra charge. And it's a one time fee. It's not a recurring fee every month or every year.

No, you're absolutely right. There's no cost or subscription model that goes into too running those things. Once you have them, they just run and you don't even have to think about them. So so going back to the coverage that Dimitri has, I mean, looking at this, you've got two fifty a person five hundred each accident. That's a liability coverage that protects you in the event that you hurt somebody else and you're at fault for an accident. And

Do you have an umbrella policy, because that would come in after the insurance limits are reached.

Correct.

Yeah, So an umbrella policy traditionally is an extra liability policy, which would add on to Dimitri's initial coverage of two fifty and five hundred, meaning that if he had additional liability really really hurt somebody or a lot of people, that would stack on top of that and provide additional coverage.

Do you have them?

Is that when you say, when you're impressed with my insurance coverage, do you feel like that also makes me a more attractive target to litigious claimants.

I really don't. I mean, ultimately, it's the damages that are going to drive the claims. And so if you don't hurt somebody really bad, no matter how much insurance you have, their claim is not going to be that significant. Okay, But what's better to be uninsured or underinsured and have a huge liability claim coming at you or to have huge, great insurance and their claim is what it is?

You know, I'd rather have great insurance, and especially since it also seems to be great at covering me, I don't want to rely on the other party's insurance coverage because odds are they're either not insured or underinsured, or they're going to take off and I'll never figure out who they were anyway. Yeah, that was the driving, uh, you know, motivator for you to max out on every line item on auto insurance.

Right I mentioned earlier. I finally met the first case where I'm actually hoping that the at fault guy is is is uninsured. And we'll talk about that in just a second. We've got a caller here, Leroy, with a question on restraining orders. What is going on, Leroy?

Yeah, My question is how do you protect yourself from getting or from people that you're doing have done nothing too, you know previous ones.

Is this a civil restraining order or the type of restraining order that comes after charges have been filed against you?

It's not a civil one, okay?

Is it the ones that the court put in after charges have been filed.

No, it's going down a person like an ex girlfriend put it in. Then I'm tagging upon doing all this stuff, and they're trying to serve me with a restraining order. And I ain't seen a person three or four years, and this has happened two or three.

Times in the pan.

So that a that is what we call a civil restraining order. The other one is a criminal restraining order, and it comes after after charges have been filed. So luckily you don't have one of those because that's mandatory and you really you're probably going to get serve that one in court while you're in custody, is kind of

Well?

No, no really, because mcquinton is how do I avoid it? And I don't even know when to go to court?

And I ain't seen nothing because you haven't been served yet. As soon as they actually serve you, you're going to get the court date and it's going to tell you what court to go to and what time and all that kind of stuff. Okay, the person that.

Sending me a tech a copy of it. No, I'm trying to find out can I do something before you get served?

Good?

It's happened three or four times and they can throw it out.

Okay, all right, hang on just a second, La, We'll get to that question in just a moment.

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All right, good afternoon. John Fuller here is still filling in for Tom Martine in the Troubleshooter Network. We are going back to Leroy on the line. So, Leroy, so here's the deal. You're saying. The gal that's trying to get a restraining order against you has actually texted you a copy of the order, but they haven't actually served it on you.

Is that right?

Right?

And so your question is how can I make this go away without going to court and without being served?

Well that too, but my really question is how do you keep someone keep doing this when they wake up and have a bipolar day and this one to just take you to court for no reason to say, I ain't trying to go on to get served, I ain't trying to go with no corner, I ain't trying to go on no jail or nothing for something.

I absolutely understand what you're saying. The challenge is this, she didn't get that order just by filling out paperwork. She had to go in front of the judge and tell the judge what she felt like the credible threat was that you were to her, and she had to use specific examples in order to get the judge to say, yes, we're going to go ahead and issue the temporary restraining order. And temporary is the key word. It is a temporary order. It can only be enforced after it's been served on you.

Well, let me tell you someone else John did on this restrainer has got reopened. Okay, the one you said years ago, you reopened this one and that was dismissed.

Well, here's here's my experience, Lee Roy. These judges get tired of hearing the same person complain about the same thing without any evidence and then either not showing up for court or you know, and then coming back the next time and claiming the same thing, and they they eventually kind of get tired of it. And so you need to gain credibility by being the guy that's willing to show up and to be cooperative and to talk

Well, like I said, this happened several times and I wasn't meet with other people and everyone last one, I'm again dismissed.

That's good.

I want to act if I don't get served and none worried about, Right, what would you advise me to do?

Well, I'm not going to advise you to avoid service. But yeah, they have to serve you in order for that temporary restraining order to go into effect. I mean it has to be served on you because your knowledge is only really satisfied once it's been served.

So can he serve her, because if she is texting him going hey, here's I'm serving you again, can he get something against her?

Well, he can, but in order to do that, he's going to have to fill out the same application for a temporary restraining order and go in front of the judge and say, your honor, here's what's going on. She's stalking me or being a freak, or harassing me or whatever. The standard is a credible threat of eminent bodily harm. And so you can't just say she's a painting but she irritates me, she's a bad cook. I mean, you

I get it.

I'm not saying that's right. I'm just saying, you know the standard that you're up against when you end up going to court on this, so be prepared for it, all right.

Right, But let me tell you something else. I did go put on years ago because he puting on me and I put on her, and just they need excepting, you know, one of them. They need to say, won't them out?

Well, that's probably the best thing that happened at the time. But I mean, you you can do that, but just keep in mind you got to go to court to do it, and that presents a real opportunity for somebody to serve you with the temporary, so you might win the battle and lose the war. But that's all I got for you, Leroy. I wish I had better, better, better information for you. All right, appreciate you calling Leroy. Uh, we're going to move along here, Zach. You've got a

I want to tell Leroy first off, the solutions dropper man deal with that type of stuff, Move along better.

And run man.

Anyway, my question had to get back to the vehicles and my ability. What were your thoughts on CREA eating an LLC just to register your vehicles to that? What type of ATA protection can.

I expect from that? So I maybe have a non traditional opinion on that, but here's the bottom line. LLCs don't drive cars, Okay, people drive cars, and when you're the negligent party that causes an accident, you are personally going to be liable for those damages and then you're going to be hoping that your assets and your insurance

Does that make sense, Yes, sir, thank you very much.

Yeah, good luck to you, sir. There's no way. I mean, I get this question a lot with people that try to structure like boats and rbs and stuff in an LLC, and that's that's good in theory. I mean, the idea is that, oh, I can you know, nobody can touch me if an accident happens. But really that LLC doesn't have anything to do with the fact that you were the liable party if you cause an accident, and you're still going to be the guy that gets sued individually.

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Good afternoon, John Fuller here filling in for Tell Martino on this Troubleshooter network, and we are moving along here. We've got a caller, Mike on the line with a question about personal injury claims. Mike, what is going on? Sir?

Good you for taking my calls. First of all, you know, thank you for the work you do. I know it has, you know, immense significance for so many people so, first

What a broad reaching question there, Let me try to try to net it out for you. For anything regarding a car accident, the statute limitations is three years. For most other things like medical malpractice, simple negligence, that kind of stuff, the statute of limitation and premises liability cases is two years, and so you better be right about

No, I was.

It does answer, and I was kind of just asking it generally. It didn't necessarily apply to me, but I thought it might be a helpful question to anyone out there listening to because you know, one of my problems is just procrastination in general. And I feel like, you know, when you have an accident, you already have so much stress you already have builth piling up, and maybe you put things off, and I think it's just, you know, important to know you know, what time frame do I

You so much.

Really, yeah, thanks, Mike. You know, the reality is, that's why you need to have somebody like us on your case, because there are a bunch of deadlines, there are a bunch of proces hurdles that you have to jump through. We know all of those deadlines, and we know those hurdles, and we also know what it takes to be able

John So, I was wondering about what are the income tax implications of both settlements and awards and how are those typically treated for both state and federal income tax purposes.

Any other subparts to that question.

Yes, I was wondering, if you're or a lawyer like you who takes a certain percentage of the settlement or the award, if that segment then also becomes a tax deductible expense to the plaintiff.

Yeah, okay, so here's the here's the answer. It depends. Okay, if you're if you're making good old run of the mill, you know, claims from a car accident or something like that, those damage awards are tax free. Okay, you don't need

Be makes sense because that's presumably to compensate you for the wages you would have made, and they would have been taxable. But in the context of your work where you collect money for pain and suffering and things like that, that's non taxable from what I heard in your answer. Correct, but lost wages part of that award if.

They're identified and they're being paid for by a corporation that you worked for, Okay, Compensatory dam images that are paid for by a third party defendant are not going to be into that.

Okay, gotcha.

But if it's an employer and you're suing them for lost wages, then yeah, it's going to come back on you as as as wages. Now for your final part of the question, Subpart three A subparagraph C. There are the fees paid to the law firm deductible to you. They're not deductible to you because they never make it

Thank you, John, Totally makes sense. What a great clear answer from an experienced attorney.

Well, I don't know about that. Twenty three years. All right, we're going to take one final break here low in the two that Feller has been around a long time. All right, we're going to take one more break. We'll be right away back go.

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All right, all right, we're back at it. John Fuller here filling in for mister Tom Martine who is out the afternoon, and we are going through a list of law school exam questions from Dimitri trying to stump the PI lawyer. We've got a couple more questions here. Actually we've got one from Bow over here. First we're going to go to Bow and see if we can answer his question.

Thank you, John, and it's been great working with you. Take I learned a lot, and so have the listeners probably picked up a lot.

That's Professor Fuller to you.

About doctor doctor.

Here is a doctor.

He's got a lot of degree, doctor doctor doctor.

I have pretty good insurance, have an umbrella and then what I'm concerned about if I get into an accident and I'm at fault and I have all of this insurance, the person that I hit, can theyce elect not to go through my insurance company and sue me personally for the damage?

I mean, the answer is yes, obviously they can sue you, and they do sue you if they choose to go down the litigation route. That's how we do it. We sue the at fault party. But you would have the ability, and in fact the obligation to turn that over to your insurance company and give them the opportunity to defend that. Because ultimately, if you've got a judgment against you, you would turn around to your insurance company and expect them to pay that judgment so they can sue you directly.

Well, John, if they do sue me, I can I state you cannot sue me. That's why I have insurance. I don't want anything brought against me personally. That's why I have insurance, But.

Are you saying they can elect still come after me personally.

All I'm saying is they're always going to only come after you personally. We don't sue insurance companies in Colorado unless they're a party to like a bad faith or something. But when we have a simple auto accident, we are

What you got, mister John, Do my high insurance policy limits suggest that the insurance company would hire better lawyers to defend me?

No, No, really not. I mean it's it's you know, the insurance companies get paid more for higher coverage, and so it's there's really no consideration that I've ever seen unless we have a really high dollar policy and really catastrophic losses where they're debating whether or not they're going to tender those you know, those limits or something. Occasionally, then they'll hire out, you know, a little bit higher

Yeah, I just kind of figured that if they have more at risk because they're in the hook for half a million instead of the state minimum, they would invest more money in a more experienced lawyer who would also do a lot more research, preparation, get assistance, that sort of thing.

Yeah, it totally makes sense what you're saying, But the reality is that the injured people only have one basket of damages, and it doesn't get more valuable because you have great insurance.

A good point. I didn't consider that.

We you know, it may get more valuable if we're comparing you against a minimal limits twenty five thousand dollars policy and they have say fifty or one hundred thousand of damages, Well, now it's more collectible, But it didn't get more valuable because you happen to have greater insurance.

But don't they also have in house lawyers, so they're not paying them, yeah, about paying any lawyer more, yeah, on any given case.

About fifty ten years ago in Colorado at least, they finally figured out that, you know, that that paying these lawyers on a per diem matter or per diem amount was not very good business, and that they could they could pay you know, a lawyer their salary and bring them in house and feed them one hundred and fifty cases and tell them good luck, and their cost per case goes down to next to nothing. And since that time, every major carrier in Colorado has what we call a

So John, of course, real.

Quick, What is the role of the insurance Commissioner or the insurance commission in Colorado? What are they mandated to do?

Yeah, the main thing that the insurance commission is mandated to do is to make sure that insurance companies are operating in a fiscally appropriate way, meaning they've set aside enough reserves to handle the anticipated claims, that they're appropriately you know, doing business the way it's supposed to be done.

Well, they if I have a problem with an insurance company, will they adjudicate that or is that not something that they do or is that up to the courts.

They don't really adjudicate it, but they sometimes will get involved and make a phone call. So every now and again that becomes pretty helpful. Hey, listen, guys, save all your trouble for us. We appreciate it. It's been a great day and come back tomorrow. We'll be back again. Thank you.