The Troubleshooter 4-29-25

Yea ripped up.

News.

Didn't need advice.

You don't help.

Come running just.

As fast as we can.

Shooter's gonna help come, man, this is the Troubleshooter Show. No Tom Martine, Welcome, Welcome, my friends to the only show of It's gotten.

We're here to solve problems, answer questions, take complaints. You know the drill you've been ripped off or taking advantage of. But I must digress. I'm gonna tell everybody a little story.

There's people out there that hate my stories.

I'm gonna tell you the worst story I've had to deal with in a very long time. It's been a hard year, folks. There's probably a lot of people out here that has listened to this show for upwards of forty five years. Here in Denver, Colorado. Tom started this show, in fact, the only show I know of in the country ever where you literally go after the bad guys. And I love doing it with him. Susanna and I got a call January third, this little hard on me, folks.

How does he know? When they were in Hawaii.

The tumor and his pancreas pushed up against his liver and cut off bile. He was in jarundice. He was yellow, His eyes were yellow. He was terrified. His wife was terrified. They went directly to the hospital. They knew nothing about the cancer at that point, but what they did know. What they did know is Tom was yellow. Literally, his liver was in failure. They got there, they did the

The hospital with sepsis. You know, they got rid of the sepsis. That was a call that was absolutely unbelievable. We were on air together probably about two.

And a half months ago. I was in studio. He was at home and he disappeared. He had a text from the hospital that said, drop everything you're doing. Your blood results came back. You have sepsis and you need to get to the er.

Now.

I got that text on air, the most terrifying text I got from him, and I started getting used to these texts. He showed up at the hospital. They knocked him out and they pumped him through with antibiotics, and for the love of God and thank god, he was okay. They took care of that.

And you know what Tom said to Susanna and I.

He said, now that that's gone, I can get back to fighting cancer. Think about that. Think of everything he is gone through. And I'm not going to sit here and tell you every single thing like that, but to sepsis, two bouts a pancreatitis, both times in the hospital for multiple days, five rounds of chemo every two weeks. When you heard him on the area, we heard people, Oh, what's he sniffling for? What's he doing this? What's he's doing that? He doesn't sound like himself. You know what

This is his life. This is what he loves.

When he is not on talking to you folks, he is just not happy. Other people like traveling, other people like doing a lot of things.

Tom loves this. This is Tom. You understand that. I love working with Tom.

He had what was referred to as the Whipple surgery yesterday. The Whipple surgery, if you go and if you ever hear of someone needing it and you google it, it'll scare the hell out of you. It's basically a three percent chance of living if you have the whipple after five years. It is probably the most invasive surgery. You can imagine a lot of people could no longer produce insulin after it because you're taking part of your pancreas.

He's going to be in the ICU for about two days. That's very normal with this surgery. It's so invasive they don't move you from there. Then he'll be in the hospital recooping for probably a week or two. Then after that he'll head home where his sisters, God bless their souls, are going to help him recoup throughout the month of May. Then he's pretty much back on it. It was an incredible four and a half months, and I appreciate all the listeners out there asking all the questions, wondering about

When I talked to him this morning, he was ready, he feels good, sound great, Didney, Susanne?

You really did? He said, he felt really light, like a weight just was off of him.

Now the epidural. You can call it a miracle, you can call it whatever. What's really crazy, I'll go back to that beginning, is if that tumor did not hit his liver and cut off those bile ducks. Most people when they find out they have pancreatic cancer, that tumor's in the middle or at the other end. It never cuts off the bile ducks. And what happens is the first time you end up at the doctor because something doesn't feel right, you're already stage four and it's everywhere

Intervention, the fine.

Intervention, call it whatever you want to call it. It is absolutely the most wonderful news we got. And I didn't I did not do this to build up to anything else. I didn't know how I was going to tell this story for the first time in a while.

Susanne and I were in tears this morning of joy.

Yep.

The other day you came back from a run in skin the hell out of me. She was just crying about him going into surgery the next day. It was so bad, I thought maybe one of our kids was in an accident. You just had a breakdown.

Oh yeah, you know what, Mark Tommy is our Superman. Yeah. Yes, And he's got a lot of prayer warriors out there who've been praying for him, and he's just a superman. What else can you say?

And thank you, Frank Durant for all the prayers, and one last thing I'm going to say, and that we're going to take a break and come back and do this show. I was here on a Friday when he texted me that about sepsis. If you look up sepsis, man, I don't think there's a worse infection. Basically, your body starts fighting itself, it thinks it's in a really bad shape, and basically starts turning on you and starts to eat

I don't even remember doing the show that day. I watched the show over the weekend and I was just amazed.

I couldn't remember one call and I ended up Where did I drive to Susan?

All right?

To urgent Karen Kaiser. I left here.

Thought I was having a freaking heart attack. I am not kidding, and I basically had an anxiety breakdown, stress beyond anything. And I am so happy for Tom.

Now.

I just want everybody out there to understand. We just haven't talked about it. I know he has alluded to it to some of our friends on Facebook or I'm sorry on YouTube, and I am just so happy this part of this year and this part of our lives it's over.

Thank God, it is over. And he still has a little fighting to do much but the worst is behind us. Oh my god.

Now it's I feel it's going to be smooth sailing for him.

You know, the surgeon, the surgeon saying, listen to this. Four doctors, I think, two anesthesiologists, two doctors, the guy that's done the Whipple surgery one hundred times a year, probably one of the best doctors out there. I'm sure we're gonna hear a lot about this guy in the future from Tom, and it's great. Hopefully we'll get Tom on here and then throughout me. But I want everybody to know he is going to be back. We're gonna be back to normal doing the show together, and I

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

All right both three oh three seven one three eight two five five. If you joined us late, Uh, go back and listen to the beginning of the show and you'll find out what's going on with Tom.

Simple as that. But here's the deal. Uh, we're back to the show now. You've been ripped off for taking advantage of my goodness. We want to hear from you three oh three seven one three eight.

Two five five. Our goal is to help you.

We have recovered over three hundred million dollars in cash, merchandise, exchanges, refund services. By the way, in studio with us today, I got Deputy d Deputy Bo, Deputy Scott. We've got every deputy but Deputy Doc. He'll be in tomorrow. We've got Suzanne sitting next to me. We have got Shannon as always, and then of course Kelly answering your phones, and a friend of.

Mine, a a brother from another mother another. You grew up in New York, right.

I grew up in Pennsylvania where in oh, that's right, Pittsburgh Projects.

It was like New York. It might as well have been New York. Yeah, he grew up East Coast. Marco Bendnelli, Attorney Extraordinarre. How's it going, Marco?

It's going well. Yeah.

I was really kind of shaken and I had a rush of emotion listening to that story.

Yeah. It was crazy, Tom.

Yeah.

And when you hear a pancreatic cancer, I mean, don't google it. No, anybody that googles it sentence, right.

And that's kind of one of the reasons I said we weren't going to talk about it. But honestly, that's one of the reasons. People go, oh, what are the chances that's going to be the three percent? But Tom is that three percent? Which is crazy amazing because the second he told me that's what you do, you google it, don't do it. Don't ever google things you don't want to know about. Let's put it that way. Hey, Janie, what is going on?

What is this detox facility issue?

I was at.

A Northern detoc center in Greeley.

Yeah.

It was the worst place I had ever been to. I mean, they didn't take care of you. It was filthy. I mean the pubic cares everywhere.

Oh my god, rap.

Yeah, and it was like more of a health issue than anything. They didn't even help me. I ended up walking out like a half an hour after I've been in there.

What were you put in for? Did the police put you in? Did you check yourself in?

I checked myself in?

And what what is your poison? I'm sorry, I'm an alcoholic, Okay, So what.

What brought you in there? Were you feeling suicidal? I'm just curious. I want to kind of understand your plight here.

No, I have a bad liver, okay, So I wanted to get in there and take care of it because I am right now, I'm like in a safehouse.

How long did you stay there at this Northern Detox center in Greeley?

I was there maybe thirty minutes.

Is it called north Point?

Terrible?

Is it called north Point?

It was North Health.

If someone can find it, i'd appreciate. I can't find anything called that. Why were you there only thirty minutes?

Because the way they were treating me? And there was trash everywhere and I'm sorry that there is a tampon and definitely around And what would you say that?

Though, I need to understand this.

You walk into a facility like that, I would assume there's there's probably a desk, and then there's probably an area you got to go through a locked door. So where are you referring to? Are you referring to? The bathroom was a mess? The front area, the waiting room.

What everything?

Everything?

Everything?

And you don't think this could have been because of how you were that day.

No, I wasn't even drunk. I didn't want to drink so that's why I just went in there to hopefully because they told me that they would help me with some medication and stuff. When I got in there.

Yeah, did they give you any medication?

They didn't give me nothing. They told me that all they were going to do is give me snaps and a cigarette break every two hours.

Okay, And you didn't like that, so you left? And what were you expecting? Some kind of drugs? What drugs were you expecting?

No, just a little counseling of what they said it was going to be.

You know, like what though, I'm curious what you expected when you walked in there. For example, did you want to get on antibuse so you quit drinking?

Yeah, that was what they were supposed to be doing.

What's going to put you on antibuse? Why wouldn't they put you on that?

I have no idea. And the people around there were just like like zombitized, you know, and it was just it was it was the worst experience ever.

What's mad?

You were there for a half hour and then you left. Now you said you're like in a halfway house or somewhere. I'm sorry, I forget exactly what you referred to it as a safe house, a safe house. What are you calling now?

Wait? Why are you in a safe house?

My ex? Okay, very abusive. So I ran from him, and plus I had to get away from drinking because he was bringing me booth every day. Oh yeah, I tore my liver up. So I wanted help.

So that what's the last drink you've taken?

The last drink I've taken was the day before yesterday, Sunday one?

Did this go down at this detox facility?

Yesterday?

Okay?

Well, I mean good for you two days, they say, you know, one day at a time. What were you hoping to get out of this phone call?

Though?

Oh?

I just wanted everybody to know that that detox place is not even a detox. I mean it's I should be closed down. I mean the staff was horrible. Now, it was just the whole place it needed to be cleaned, and I mean the staff was really rude.

Wow, I don't know, uh, fun people.

And I'm not the only one that walcked out.

So I can't even imagine this bliss. She paints a picture of a hell hole. I have a suggestion for jams.

That's what it was. That's what it was. And I thought, oh, I'm going to go in here and get some rest, you know, and then get some some medication to come back to the stable.

Hey, Fannis, have you been on and abuse before?

No?

I have not.

It is we had a neighbor's passed away. Actually his name was Archie, and he was on antibuse for a while. This guy is what I refer to. I don't know how you treat alcohol, but he was what i'd refer to as a binger. He would literally drink for Suzanne. I mean I remember him being up three days before it was bad Mark, and he would drink the entire time. He was like Superman. And when I say that, I mean it. It's like if I drank even one one twentieth of what he drank, I'd be sleeping for days.

Oh, elementary, like under ten or eleven years old. Yeah.

So I'm sitting at the I'm getting ready to leave for my computer store. This is in the nineties, and this little kid and he had five six years old, to knock it on my door and he's like, can you help me get ready for school? My dad won't wake up, and my mom already left, and I'm like, jeez, I already knew Archie was a mess.

So I go over to the house, I helped the kid get ready.

I look in and sure enough, Archie's just passed out drunk after you know, two or three days of drink. And so I helped the little kid and his sister get ready for school, brought him out to the bus, got him on there.

And then about a.

Week after that, Janie, this guy Archie got fired from his job. And I hope a lot of people are listening to this story because the man lost his job, and it was a good job with a company called It was a big computer company, Cisco. He worked for Cisco for many years. So Archie gets fired from his job, had no job for about six months. By the way, his wife was an attorney and how they even stayed married at this point of time, I have no idea

That's a disease. She won.

He got not only reinstated at his job, he got back pay for six months to a year whatever time he was gone. Dmitri, I'm with you. When I was here this story, I couldn't believe it. So he was back for less than two or three weeks, and they fired him for something else. In fact, they didn't even tell them. They just fired him for cause. So an

I think I have a suggestion for Janice. Go ahead, bo Jannie. In the future.

You I lived up in greatly for a while, you might consider going to the Well County Human Services. They're actually run by the government and they can provide the assistance that I think you need, and I think it's.

A lot better. Are you away from that ax now, Janie.

Yes, I am far away.

Yeah that's good. I hope you stay away. A lot of times those things don't work out and you end up going back over and over and over again.

Oh no, I got family up here that's really very supportive with me, so that helps a lot.

Yeah, watch that boost go ahead, Jis.

I'm so sorry too, tom So.

Yeah, it's crazy morning, but it's good though. Everything's really good about tom.

Now are you going to AA meetings or have you looked into that?

No, I just came up here a week ago.

Hey, look, I've got a friend of mine who's been in AA for decades, decades, decades since his since he was about twenty years old, nineteen or twenty, and a judge gave him a choice of going to jail or going to AA, and he went to AA, and that judge was in there with him life Jay became lifelong friends.

The judges now died.

But my point is, my friend is extremely successful businessman and he goes through AA several times a week and this has been like thirty five forty years for him.

It probably isn't it therapeutic when he helps other people too, right, Yeah, that's.

What he's doing. That's what he's been doing for decades now. And uh man, I mean the stories I hear about how useful this organization is. If you're committed to getting well, it is a priceless resource.

Think about it, Janis, you're having a really bad day, whatever's happening, you start thinking of either drinking or talking to the X, and you have someone to reach out to that's gonna talk some sense into you and people that are gonna help you. So if you would like that information, I'm gonna put you on hold and tell Kelly and then we will have Dmitri reach out with information or however you want to handle it to Oh, I.

Think it's super easy, Janis.

You just look up AA on the internet and you will find probably a dozen chess everywhere. Well, meetings are several times a day because there are dozens of ch and so you can literally go to several meetings a day if you need to. And the other thing that they do is the assign a mentor to you. And this is a person you can call twenty four hours a day if you are in a crisis or thinking about taking a drink. And that's what my friend did.

Jannie, get that, get reach out.

I mean, you really should call someone now that your head's a little straight, after a couple of days you're sober, you know, set up some steps right now while you're thinking straight, set up some steps and then go from there.

We'll be back after this.

Go with a sure thing. Denver's best roofer Excel roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free, no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three all three seven

All right, three all three seven one three eight two five five two lines open. You've been ripped off and taking advantage of We want to hear from you. I also have Marco Bendinelli and illegal questions you have. We're going to talk about a case he's got on and off and Marco feel free to jump in. Marco's actually going to be filling in for us Monday. He told me during the break he's not nervous, but he's sweating over there like he has you.

Know, it's like a deer in the headlights, you know how many I was thinking.

So we have John Fuller coming in and filling in tomorrow through Friday, and I had to get someone else on the bench and that was Marco. And it's kind of crazy to first time you're going to do a show, right, I mean.

Really, that's that's accurate. Yeah, I like that.

So he's going to be practicing a little bit during the show today, So please feel free to get these lines buzzing like crazy.

Three zero three seven, one three eight two five.

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How are you, David?

Good?

Can you hear me?

Okay?

Yeah, I got you, bro Okay cool.

Yeah, she's She's just my best friend. Oh and I'm yeah, and shook up over Tom. I've hung out with him, I've done stunt shows when he's done stuff at the convention Center. I haven't seen him in like thirteen years back when he was married to Holly, and I'm like shook up. But he's gonna be okay, right with his.

Liver, He's gonna what do you mean with his liver?

I heard pancreastick or something.

Yeah, pancreas man. David, go ahead, yeah, so what what what is your comment? David? Honestly, you're go ahead.

Yeah, It's it's really about Janice. She's prettier in Kamla Anderson been running around on the streets for like thirteen years. It's shocking. But the thing that I'm so upset about really, and it just picked the light bulb. Hey, man, if I can get in. And it kind of has to do with Janie is I did write the governor about this situation.

You mean this place in long mind or where was it?

No?

No, no, no, kind of Janie was the one that triggered it, because she's my best friend, you know. And I got to say, hats off to the Thornton Police because whenever she would have a campsite, I would do a GPS location where she would be when I'd go to visit her once twice a month, because you know, they're obscured places. And she went for suicide and the Thornton Police were there in less than five minutes starting and they saved her life. So my hat's off to

Now?

Is that where you can have someone locked up basically?

Okay, like say Janice, I'll love her to death. Our best friend sends you a text, I'm very suicidal.

Yeah, so they can they can hold her. Yeah, I get it.

I can take that to a sheriff show the sheriff boom seven day hold. Yeah, and we don't have that in Colorado.

Okay, so you asked the governor for that. Did you get any response from the office.

Oh?

No, And see, I don't know exactly.

I don't want to get political, but hold on, David, David political, but okay, I'll put him on hold.

First of all, I think he might be I don't think he's intoxicated. But something's wrong here. I mean, I I just don't know.

I'll put it. I call it like I see it. Maybe I'm not rambling Rose, Yeah, he's rambling.

But but here's here's what I'm here's what I'm concerned about with his Baker Act. And I'll bring you back up, David, but I got to take a break. But I'm very concerned that people would misuse it. People would simply go, oh, look at this text. You have no idea at phone number who that is? And then the next thing you know, the cops are going out and snagging someone in and locking them up for a week. I'd like your thoughts on that whole titan, Jim. I promise you'll be after him.

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

All right, three oh three seven one three eight two five five three zero three, Martina, you've been ripped off. H David called in. He had a comment about Janis. He says, how come Colorado doesn't have this three day hold? First of all, I looked it up. I don't there are a seven day hold? He said, it's only seventy two hours. But David, think of the abuse that could that could be used for?

Man, yeah, no, I don't think that they really have a problem in Florida. With talking to my friend, I think it would be very advantageous for Colorado.

It's not as easy as showing a cop a text or a judge.

You basically got to go and prove.

I think ultimately you got to go through a judge in order to get a warrant to go out and throw someone in detox. I mean, I can't imagine they wouldn't have to go through that. And honestly, I thought there was something like that in Colorado.

Do you guys know?

I thought, if you're nuts, they can lock you up on a hold for three days.

I thought it was seventy two hours. Or yeah, it's it seventy two hours. I don't know what the Baker Act is or whatever he was. That's that's in there. But David, what else do you want to say? Man?

Oh, that's it. Janni's did wonderful and thank you so much.

Yeah, thank you, David. I appreciate you.

Quick, yeah, yeah, just real quick. My friend in Florida says, basically, you can just show the sheriff attack, well he's a liar, interview him and possibly put the guy like that. And I called sheriff officers here and they say, we don't have such a thing.

I don't think Florida has it. Listen, I'm sure they have something. I don't think you're fabricating the whole thing. But there is no state in this great Union where you can go up to a cop and say, look at this text, go grab this guy and throw him in jail. Can you imagine the abuse that would happen with Hell. I'd have Dmitri thrown in today, just for the hell of it.

Twice on Sundays. How about the DA?

The DA, You're getting ready to go to trial, Marco, and then you simply go show some cop, Oh the DA sent me this, Go lock him up so he doesn't show up for my trial.

Insane, you know. And a lot of people think that what can.

Be used for good, yeah, you know, they don't think about it in the reverse.

No, the evil part of that is absolutely crazy. It's like, I believe we don't we have something with gun laws here in Colorado where they can take your gun away.

The red flag law. You're opening up a bag worm. But how does that work? Really quick?

Because we only have about a minute before we go to break What is that? What is the red flag?

Well, you know, I didn't read the law, but basically it allows people other than you, so say a personal somebody that you're in a relationship with, or a family member a parent yeah, a parent, yeah, to go to the cops and claim that you're a danger to yourself or other people, and then the cops can come and confiscate your guns first.

So I'm want to tell you a story about that.

And it was an effect to remember Club Q, I think it was Club Q and Colorado Springs.

Oh yeah, Terbo mass murder.

Yeah, that guy showed up, the cops showed up at his house, and his parents.

Called the cops. This was like a year before or whatever.

The cops did nothing in Colorado Springs, didn't take his gun, didn't do anything, and then we all know what happened. So I don't know how great these laws are in general.

I don't. I think a lot of it's got to do with what authority shows up, what cops show up, what judges involved, Everything has to do with everything. Okay, listen, we've got a lot going on.

We've got to follow up with Brad O'Brien, attorney at law, in an issue with an easeman from Jim, and we've got some open lines.

Three oh three Martino three zero three Martino.

Go with a sure thing Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're contenth time for an insurance checkup free, no obligation in comparison call Compass Insurance. Pay too much your coverage at dozens of insurance companies find out now three oh three, seven to seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two.

New So you don't have the as can Shooter's gonna help coming man.

This is the Troubleshooter Show. No Tom Martine, Hello and welcome to.

The longest running consumer advocate show.

For the past forty five years, the Martino Show has been solving your problems and complaints. Did you know that our audiences actually have avoided costly mistakes and have saved millions of dollars by simply listening.

To the show on a daily basis.

I am Deputy Bo along here with Deputy Dollar and Deputy Dmitri and special guest host Mark Major.

Today we have in special guest host Major Mark Major. I'm on the show every day, Bo, I'm not You're not here every day. Mark is special anymore?

Actually here, and I'd like to introduce personal injury Attorney.

Extraordinaire Mark Gelli. Remember the word extraordinaiy extraordinary. All I'm saying that's part of your name, is what you're saying. What's the biggest case she ever did?

Marco? By the way, folks, we had some lines open three oh.

Three seven one three eight two five five three oh three, Martino, if you've been ripped off taking advantage of we want to hear from you. What's the biggest case, biggest dollar amount in front of a jury? Marco Bendinelli six million? Wow, that's a big one. Can you say what it was?

No? Why?

But you asked me about the one that that I didn't go to trial yet, the one in California, the one in Los Angeles.

That's crazy. Let's do this up. Listen to this though, if I recall a cop shot a kid. Is that right? Do I have the basics or no? You got the basics? Okay, hold on, We're going to dig into that in a segment. But that's an up and coming trial. That's true.

And you're going after the city, I assume or the police? Who do you?

Who are you targeting? It was actually off duty? Got it? Los Angeles police? Wow?

They were working for a third party security company.

Yeah, they do that all the time.

So because they were off duty or because they were kind of moonlighting, the city is really not involved, nor the County of Los Angeles. Because you got the city of Los Angeles, you got the County of Los Angeles, neither of which are going to be involved.

Got it. That's interesting.

I didn't realize if if an officer was off duty, how about if they weren't working for somebody else? How does that work? In other words, we all hear about these police shootings, But let's say one goes down where the cop is at home and shoot someone in the back or something like that. You're saying you still couldn't go after the city if they were off duty. Forget

I guess the question is are they operating in the.

Scope of their duties?

Okay, but in my case, they were were dependent contractors.

Yeah, one hundred percent. So they you know, was it security at a.

Bar or something or a nightclub?

No, it was actually Metro Transit. They were working the subway.

So aren't they still working for the city.

Then they are working for the third party company because they are not on duty.

I well, I'm saying, but it's still I thought.

I think of RTD the like if RTD in Colorado hired a police officer to do security at one of the train stations, I would assume they're getting hired by the government. That's RTD.

It's a pseudo, right, And so in Los Angeles there is Metro Police got it right that our employees got it, and then they hired and they hired in outside firm for security. About sixty of their security is done by an outside firm, actually.

A couple of them. I got it. Hey, Jim, what's going on?

What is this follow up gives me some insight on what the original issue was with the easement.

This is Jim am I on Mark.

Yeah, you're on Jim. Give us explain what happened with the easement.

Well, there there is.

There's a private dirt road in the mountains, and we own property that abusts this private road, and the people that are at the end of the road have asked all the other owners who have this property has an entrance on that private road to sign an easement. Even though there's been a just historically an informal easement, they're asking for an easeman hoverybody to sign up for it. I did not get a letter on our property because we do not have the driveway that empties into that road,

What did you guys end up doing. Did you end up signing it? I know I got Brad O'Brien in here. Did you guys retain him?

No, nobody has signed it yet. We're just trying to get a better understanding of what it is. They're asking for a twenty foot evement ten feet from the center of the centerline of the road. This road is only like maybe twelve fifteen feet at the widest.

And what are they get to Why are they asking for the ease? Man, I'm sorry, I probably over I probably glanced by it when you said it.

Well, they're according to their letter. I don't know if you had a chance to open any of that BBS that I sent you. According to their letter, they inherited this property about six years ago, and the title company and their attorney told them that it would be in this type of situation. Is normal for old mountain properties to ask for an easement so that they had legal access and perpetuity. Now they've had access for sixty four years and it's never been an issue.

So why did it become an issue with them? What is your take on that they just want to make sure Yeah, I think or do you think it's for nefarious reasons. Do you think there's something else going on?

No, I don't think so. I think they just talked to when attorney that said, hey, get it done. You should ask these now.

Hey, Brad, what do you make of this? I mean, have you actually looked over these documents?

Brad? Or is this the first time you're hearing about this?

I don't know who your collar is, So I don't recognize that this that I spoke about this previously?

Did I?

I don't think so.

Jim, You've never talked to Brad before, Right, Kelly, you just decided to get Brad on.

I was there for the call mark and Brian was not involved in that conversation.

You mean Brad? Yeah, Brad? Okay, So what are your questions for our attorney? Jim?

How about this? Maybe we send over Would you mind eyeballing a Brad what they want him to sign?

You know what?

These easements into mountain properties?

Yeah?

Very complicated, very nuanced. There's a lot that goes into them.

Oh, you're not just I get it. It's not like just dieballing for something in a lease.

This is one of the most complicated issues that I deal with, is Roadie's I mean there's a half different, half dozen different ways to get an easement, you know, whether expressly through contract or an instrument like amusement that's recorded, or by law. There's several different ways to get it an easement by law.

What I'm not getting is they're saying, here, you guys all need to sign this according to the caller gym, and if you don't, we're going to take you to courd on it. If we win, we're going to charge you attorney's fees. Is that h Does that make any sense? Or is that somewhat normal? Brad when it comes to these mountain easements?

This is typical.

Uh, there's a lot of there's a lot of dirt roads that have houses on them that don't have any that are not papered over with a recorded easement agreement. And is uh it's practical to get all the people who are using to sign something which is a mutual access easement, and that's an opportunity for to put it also in that agreement some of other convenancela maintenance. You know, who's going to share in the costs of.

Of snow plow anything?

Yeah, putting down more dirt dirt or more gravel from time to time rating and that.

Yeah.

Yeah, so these agreements can be uh combined easement agreement and property and maintenance agree him.

What is the reluctance of you and the other neighbors of actually entering into this or you're just simply wanting advice on it?

Well, Uh, I think I haven't talked to all the neighbors, but a couple of them just it's been this way for sixty four years and they don't understand why, Uh,

Well, if it's an easement, hold on Jim, if it's in Brad, please correct me if I'm wrong, But if the easement's put in and you're at the very end and you have nothing to do with it, but you're still using that road. Well, yeah, it definitely would affect you because now it's an easeman. I mean, I guess what I'm saying is it might not affect you as far as cost.

What exactly is your question?

I mean, it would affect you just because there's an easement there now.

Well, one of the clauses in the easement is the size of the easement.

Yeah, so the road.

Right now is like it's a narrow their road twelve fourteen t Ye. They're asking for a twenty foot easement ten s from e the side of the center line on our properties ten see from the center line of the road. There might be some free within that ten seas uh ten foot easements from the center line. My question is, can they cut threes down of my property if it's in the easement?

Hey, Brad, Typically on an easement like this, I mean, would they cut the trees down or only if needed in the future.

Well, normally in these situations where you've got an existing that people are using, uh and and these agreement is done after the fact. It basically says we're going to the Eastern is going to be on the existing road as currently used, and ideally you'd get a certain a surveyor to actually draw that out, and so there would be no need to cut down trees because it's already in use.

Yeah, it's already there. It's not like they're building something.

Hold on a second, though, both of you guys, I got to take this break. Brad, try to hold on, and then Jim, we'll come back and discuss a little more. Three oh three seven three eight two five five three oh three Martino.

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All right three o three seven one three eight two five five three oh three Martino, we got some open lines you want to get through with any questions, any complaints. We love going after the bad guys in studio with me, of course, all our deputies, and then Marco Bendinelli, attorney at long I'm going to go back to Jim though, and lock him in with Brad O'Brien. Hey, Brad, you've listened to a little more of it. I would suggest to Jim basically he gets together with the other neighbors.

Oh?

There's probably well so.

I mean if everybody chips in. I mean, Brad, how many hours to look over.

Something like that? Do you think?

And really, if they're going to take them to court, and pretty much that would be eminent domain. If they take them to court.

I'm in a domain is a different thing.

No, But what I'm saying is if they take them to court in front of a judge because none of them want to sign it, I mean, eventually, if they get it, if the county actually gets it or the city gets it or whatever, if they actually get the property, wouldn't that that's not through eminent domain?

Well, there's no okay, there's a statute in Colorado to turn private roads into public roads. But that's that's not that's not what we're talking about here. Okay, they're talking about doing an eis an agreement, which makes a whole lot of sense. If anybody in the twelve homeowners wants to refinance and get a new mortgage, that ortgage leaders probably can require document legal access to the property. Yeah, something that everybody needs.

Or else shelby, Yeah, because they could say, hey, if these people cut you off, you can't even get to your house.

Yeah.

Yeah, So these are this is a complicated issue. You have to have surveys, get to really look at the sixteen years of history that's locate.

But typically they would pay for all of these these costs, right, I'm not talking about if they want to hire an attorney to look over everything, but you know the county would be paying for all this.

Well, I don't think they're talking at a public road here.

Right right road and the end of road owners have already had the road survey.

Got it, So you really wouldn't have any cost.

Well other than retaining an attorney to review this before anybody signs it.

Yeah.

Well, I mean how many hours. Do you think that would be, Brad? I mean, who knows. I don't know how big disagreement is or what's involved in.

It, but my point is it is several. It's not something that you just eyeball and look at the I wouldn't just look at the agreement that's proposed and have to do some due diligence.

Got it on the situation?

All right, Hey Brad O'Brien, I appreciate it, And Jim, if I were you, I would literally give Brad a call his numbers seven to zero three seven zero seven three eight eight. I just I don't know where you're I guess I'd want to attorney to look at it, Marco, wouldn't you. I mean, if you're giving up some of your property for an easement or for any reason, probably have someone eyeball it.

Well, if it's been going on for sixty four years, yeah, who in the hell gives a damn?

Well, maybe someone refining. Like Brad said, right, he's landlocked.

And you were right in some ways about you know, it's similar to an eminent domain, right.

Yeah, because an eminent domain is someone taking your property by force.

Yeah, but it's government.

Yeah, you know, taking personal property for public use.

Yeah okay.

And but if it's happened on a principle here, because you have a homeown, who would.

You know suffer undue hardship? Yeah, right, so you can use.

That principle, you know, to get an easement in the circumstance.

Jim, you got any other questions? Are you gonna give Brad a call? Or what are you thinking?

You're back with the UH with the other homeowners, and we'll have a discussion and we'll probably get Brat a call.

Split split the cost up by twelve people or whatever the breakdown is of homes. It's not going to cost you that much. I mean, it's gonna be whatever the hourly is times how many hours to look at the agreement. You guys already have the full agreement though, right, yeah, yeah you do. I mean that's what I would do. I mean, like Dad, serious, all right? Three oh three seven one three eight two five five. Marco, you brought

Right, yes, and.

They basically say, yeah, you can do it if it's if it's good for everybody where I hate where they use eminent domain is purely for tax revenue. I don't think that's fair. If they got to build a highway through a farmer's farm, infrastructure a bridge, something I agree with it. Where I don't agree with it is you got a strip mall somewhere and they want to take all the small businesses in the strip mall and build

I don't agree with it in those circumstances. What are your thoughts?

Well, that would be a bunch of tenants, right, so you know that's a tough one, you.

Know, But they use it for tax revenue all the time across the country.

The court is required to do a balancing test, right and you know, and so basically the court gets to do whatever they want, right, Yeah, And then they say that we had to balance the interest. Right, But the government can't take your property without giving you compensation.

Yeah, but you fifth Amendment? You take my case with my goodyear at now. Ultimately, I'll say this, it worked out great for me, okay. But originally, when the City and County of Denver walk into your place of business and say, hey, this is exactly what they told me. They said, look, this is what it was. A company they hired Denver called h C. Peck, and HC Peck came a knocking on my door, just like they did the liquor store next door, the waffle house that was on the other side of me.

And about ten other businesses. We all had the phone call, and the phone call went or not the phone call. They literally walked in and said, hey, hey, Mark, here's the deal. You're not going to believe it, but we're going to take your building. It's going to take about a year and a half and you're going to be upset and you're going to fight it, and a lot of people are going to try to fight it. But the bottom line is, I want you to understand something. We're going to.

Take your building because we're building. We're building a train station right here that's going to go to da and there's nothing that's going to stop that no matter what. Now, I only rented that building. So what happened is my landlord got compensated very well. The City and County of Denver paid me to move. That's big deal.

What about loss of revenue. No, they didn't pay.

They do not pay loss of revenue on an eminent do main claim with a small business, do not whatsoever they did through storage. So in other words, I had the store tires, they paid for storage, They paid for the moving some of the code. I ended up buying a building directly behind that building. I bought a building and that turned out to work out very good for me in the long run. But in that intro where I had to convert this building into a good year, it cost me a damn fortune.

Well, I had a uncertainty. You know, they just interrupted your business. I mean, thank god it turned out okay.

Right, but you didn't know at the time. I mean, they come in, they say something like that, and I went through all the emotions they told me. They said, you're going to fight it. You're going to think you're gonna win. It's unfair.

H C Peck was actually very good at setting expectations because everything they told me actually came true.

I mean literally everything.

So the city paid them because HC Peck had to write a report. Right, So that's the city's evidence that they could present in a hearing as to why it's a good thing.

Yeah, and they Here's what people don't realize about businesses in eminent domain. And I'm not talking about when the city comes in and takes an easement or something and takes ten feet of property. I'm talking when they come in and shut you down. When they come in and shut you down. The percentage of businesses that made it through that. Okay, I already told you a waffle house, a veterinarian, Bennett's Barbecue, Taco Bell I think it was Taco Bell or that other taco place, a liquor store.

Okay, when there Bennett's Barbecue in Arvada? Yeah, they had one in Arvada. And they also had one in.

Where was that other one's u Zam Park Meadows for a very small amount of time, well over at Kipling and no, right by our old corporate headquarters in Quebec. Yeah, it was one of those restaurants that, like, it's been a restaurant fifty different times. Marco, have you ever seen those like some retail business that nothing can survive in that area. Guys, and I have no idea why that was one of those restaurants. In fact, it's probably been ten different things.

Yeah, that's that's that's working against instincts.

Yeah, it's like, why.

Go that history of failure here? I think I'll be next in line.

I'll tell you the other one.

What was that gigantic radio shack called back in the day, massive Radio shack. Candy No Candy Corporation came up with this idea, let's build like the world's biggest radio show.

Oh, incredible Universe, Incredible.

Universe, and it was right in front of the mall Park Park meadows. That damn store has been everything in the world. Yeah, that thing is now it's like a home something. But that store up until what's been there for a year or so, has been everything from a sears, it's been everything, and it's been multiple things at once.

It was really cool when it was Incredible Universe. I bought my VCR there of vcry we're dating. I loved going to that Incredible Universe. It was the world's largest radio shack. All right, everybody hold type we got two lines open mic.

I go to you.

He's got a comment three oh three seven one, three eight two five five. We're gonna We're gonna ask uh, We're gonna ask Marco too, about this shooting from this cop in l A. And you're representing you're representing the shooter or the shoot.

T the shoots the air. How is Oh, well, he's deceased. Oh my god, he's dead.

We're here.

This is gonna this was the parents hired you? Is it the parents the who hired you? The mom?

Oh my god, I didn't know he was dead. I apologized for that. I really had no idea the guy died. Yeah, I'm dying to know how you because it's in LA how you got involved? Everybody hold tight.

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All right, three oh three seven one three eight two five five three oh three Martino, you've been ripped off or taken advantage of. Mike has a comment on the Eastman issue. Mike, what's your comment?

Brother?

Hello, thank you? I just sent to the process similar to this guy. We've had foot access to our property, which is about fifteen feet off the county day. Yeah, since thineteen sixty. And now that I want to actually drive a car across that my boat, both my neighbors on either side got together and landlocked you, and so I did have to hire a lawyer go to car to seek access.

Oh my god, Mike, how long?

How No?

Wait wait that was such a mouthful. Why would these jerks and I'm using my own term there. I'm not saying you're calling them jerks, but why would they get together and try to landlock you? Why are they such jerks?

I can only say they are maybe far last.

Or okay, So in other words, you had a truck flag and they're voting for Harris.

Yes, I got you.

That's unbelievable, though it doesn't make sense.

I've been very nice to them over the years. Yeah, they bought property to Lamb Mockney.

No, you probably, I swore to God, you probably nailed it. You probably had the wrong flag up or something. How much did you spend to get this done altogether where you can get to your own house for God's sake?

Doesn't sound like pauls No.

With lawyers, surveyors, it's thinking about two years. I think it was called thousand or so dollars.

Did they end up having to pay any part of your attorney's fees?

No? Now, And that's the crux of the comments. In Colorado, you have a constitutional Colorado right to access your property. Yeah, they don't want to give it to you.

That's absolutely right.

A lawyer not a lawyer. Yeah, a lawyer will uh guarantee that. So they will. Somebody will give you an over their property so that you can have access to your pain. I have guaranteed a shared easement. Now, I offered to buy this twelve foot strip of land, this twenty five feet of it of a twelve by twenty five piece, for five thousand dollars. They would not sell me that little strip of land. So then I had to go to court.

To be.

Offered my shared easement over their land to my property. So you ended up getting it.

You ended up actually getting it cheaper, didn't you.

I'd rather spent the five thousand to have my own access without my neighbor's thumb or observation of what I do on there. It's still her their property. It's just that we have a shared easement so I may access it, but that person still owns it, and I don't like that.

Did it burn them? I mean, are they like totally upset over this whole deal when it was all said and done.

Oh yeah, yeah.

Can you imagine, just like, I don't care how much you don't like someone, but long as you're not like in your face all the time. To try to cut access for them to get to their house is crazy. Did they ever try to put up like a roadblock or anything to literally cut you off?

Actually?

Yes, Oh my god.

I've been crossing this twelve foot strip since I was I'm fifty six. I've been doing it since I was three chez and on vehicle since I was a kid. And when I started doing that, they came over and said, no, this is private property. You can't cross this, and they were yelling at it. They went to the other neighbor and that person said, uh, no, I don't want you on a property. So actually you're excluded from your property and your landlocked.

Hey, Mike, how long.

I couldn't even go to my property but it's twelve feet from so much crazy?

Mike. How long did it take?

How long did this fight take from the time they first fricted your access and told it and what and and what did you do during those two years?

They sounds like they blocked the road? Would you do? Just keep moving all their stuff?

Well right, walking the road? Yeah, that little strip that spur of land that they own. Uh, they put up a log barricade somewhere. Can you seem like World War two?

Right? So what I'm a tank trap? So so what did you do during those two years? Just go around it?

Oh?

I talked to the third neighbor that guts up to the bad neighbor, and they said, you may walk on my property walk only, but you can cross my property get to get yours?

What your what about well? Oh what about your car? What if you are coming back from the grocery store.

Oh, now this is undeveloped property that leaves on since nineteen sixty one, got it, and so my need is to get I have two boys now and this property goes to them, so it's my responsibility to get some type of easement for them. I never thought I had to go to court to get it.

Yeah, I can't.

I can't believe what jerk your neighbors are to be quite frank, just over your politics.

That's that's absolutely insane.

Man.

Well, I don't know what their politics are, but they're they're acting like somebody who is extremely privileged and doesn't want to deal in the neighbor that's been there entity. I've been there in sixty one.

It's crazy, man.

The other guy has been there sixty eighties, and then the last neighbor maybe eight years.

All right, Hey, Mike, we really appreciate that information. And he's one hundred percent right. Over the years, we've taken numerous calls, and I do know for a fact you cannot landlock someone in Colorado. We've had people try to land like people where they literally have a house which gets really insane where they had to call the sheriff in the middle of nowhere to get out there. And move a barricade in order to get to their own house. Just really crazy stuff like that, and it takes a

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Hi three oh three seven one three eight two five five three oh three Martino?

Where'd we leave off here? I'm going to hop back, Marco, where do you want to go? Arthur has been holding the longest. So Arthur, what is going on?

What is his service issue?

Hey?

I'm going so I bought a pickup from a pretty big dealership here in Springs in January. This pickup's been in the shop three four times since then. I took it back to the dealership a couple of times. They said they couldn't find it. The first time they didn't look at it at all, gave me a print off, saying that what I was thinking was wrong with it was perfectly normal. The second time they finally looked at it, said that they couldn't find anything wrong with it. Said

Hey, Arthur, what was the initial What was the initial issue? You were having.

Everything The truck was knocking and the brakes were spongy. That's what initially started me. After I bought it, I was like, wait, okay, And then you went too, and it was dark.

You went to one shop. I look at it too.

Well.

In the first shop you went too, said.

We bought it from Correct.

Yeah, and what did they say anything.

Wrong with it? They said that the lead tech that looked at it didn't actually look at the truck. He said that what I was hearing, the lift, the knocking was normal, and he gave me some kind of a print out from the internet. Yeah, that was supposed to explain why it was normal.

How long did you own the truck, Arthur.

I've owned it since like January fifteenth.

All right, so you pretty much bought the truck. You had problems with it pretty much right after you got it. You brought it back to where you bought it. They said there was no problem. They didn't feel the spongy brakes, and they said the noise was normal. Then you brought it over to a dealer, a Chevy dealer, Correct, and the Chevy dealer said you needed all this work.

Correct. It's around fifteen grand in replacement in repair.

Yeah, they're probably trying to upsell you on some stuff. But let's just talk about the spongy breaks.

What is that?

So it ended up being a master pump that was covered by warranty, So that's going to get replaced. But my issue is that the truck that I traded in for this truck was in perfect running conditions. Yeah, and this truck is completely just not what I pick. But hold on, it's luckily.

Arthur, go ahead.

Did you have it checked out before you bought it? See, Marco, this is one of the main things we deal with all the time. And this is for people listening, Arthur. I'm not trying to beat you up, but when you go buy a used vehicle, you get it, you drive it somewhere and you have someone like shared an Auto Tech or Kimera transmission, someone tear into it and make sure it's a decent vehicle.

Did you do that?

No?

Okay?

And when you bought this I understand you bought a service contract. As you said, the warranty was going to cover that brain booster, but you did buy it as is.

Hold on. We dig into this all the time, Marco. People think when they.

Buy a used vehicle as is and there's a problem with it, they didn't actually buy it as is. But the good news, Arthur is we do have good success rates on talking to use car dealers because we use a very loud bullhorn.

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Ripped off.

You don't have.

As fast as we can.

Shooter's gonna help coming.

This is the Troubleshooter Show.

No Tom Martine, Welcome, Welcome to the only show of it's kind.

We're here to solve problems, answer questions, take complaints if you've.

Been ripped off for just need advice.

I got Marco Bendonelli with us attorney extraordinaire of course, Suzanne, my lovely wife to my left. We got Dragon just joined us. What's cooking over there? Dragon?

Hi, buddy, I love it. And we got Kelly on the other side of the glass as Hello. Hello, how are you doing today? Kelly? I am doing wonderful. How are you good? What do you think of Marco? You like Marco, I like Marco, We love Marco. Marco is a great job. You know.

There's a lot of attorneys out there, and I digress a little. If you we have two lines open. If you need some advice, need some help, you got a bad contractor a bad landlord, We'd love to help you out. Three oh three seven one three eight two five five three oh three Martino, Now Marco. A lot of attorneys almost never end up in court. I mean, like, let's just take personal injury in general. And I'm saying, let's just do auto accidents and auto accidents. I'm not talking

Almost none of them go to court, right, because the limits of insurance are so low, there's no that Basically the insurance company just pops up the dollars if it's.

Twenty five or fifty thousand. I mean, is that true or not? How many literally go in front of a judge or a jury? Well, of the basic ones I'm talking about.

Yeah, yeah, like with you know, thirty thousand dollars in medicals, yeah, right, like a smaller case, yeah, you.

Know, ten thousand dollars worth, they're almost all settled, right, Well, depending on who your lawyer is. Yeah, okay, that's fair enough.

You know, we do push back when you know, we make sure that the insurance company gets.

Out of the insult range. Yeah, if they're an insult range, we're filing a lawsuit.

And you know, because it's not only an economical decision, it's also a reputation decision.

Got it.

But if they're offering in most cases, if they have say twenty five thousand of insurance, and there's there's thirty forty thousand dollars in damages.

Well that's different.

Yeah, But I mean, what do you possibly do? You end up just taking the twenty five grand under most circumstances.

And then you go to your own coverage, which is uninsured or underinsured motor if they have it, which is the most important.

Piece on your personal auto insurment.

I've yet to meet a personal injury attorney, including John fully that doesn't say that exact same thing. And people don't understand most important coverage people.

People listen to this.

You will pay all this money to ensure your own liability, meaning to ensure if you screw up. But if someone else screws up and hits you and only has a minimum, there's people out there that don't pay for that coverage, which is arguably more important.

Because now you're talking about yourself.

So I've been doing this for almost thirty years now, right, and I've seen some bad things, some sad things, oh yeah, some tragic thing yeah right. And what people don't understand is that UM coverage or that UM checked yep, money yep.

That's the last money you're gonna see besides these security disability yep.

For a lot of people, especially people life changing stuff. Imagine someone hits you with no insurance or only twenty five thousand and you.

Lose both your legs exactly. I mean, the only money you're going to have that UM UM coverage.

You've got to get a million dollars. You know, my umbrella, Suzanna and I have an umbrella, and I'm not going to go into limits and stuff, but it actually covers m as well.

A lot of the umbrellas, don't.

I know.

You have to specifically look for that and request them, and it's very important if you get up to millions of dollars, that coverage is massive going back to you wake up and you have no legs and you've been in the hospital a month, and your entire life is upside down.

You know.

Unfortunately, you know when people learn this right when it's too late after an incident.

Yeah, of course, of course.

And so that's where the you know, the understanding begins.

And they haven't updated to minimals in Colorado forever. You realize that twenty five thousand, why know, you know, it's like nothing. I mean, think about it. It doesn't even cover a new car at this point.

Well, I mean that's a hospital. A hospital visits ten thousand dollars.

I guarantee the car you're driving is over fifty thousand. And a lot of people are driving a car these days since COVID especially that's worth over fifty thousand. I'm not saying everybody that's that's not my point in this. But you get hit by somebody that's got minimum coverage, might you can't even get your car fixed anymore?

Well you can't, Okay, I let I let a little silence go there.

Yeah for drama. Yeah, I heard you did it work. I continued to do the silence for more drama.

Okay, you did, so you could go and get your car fixed under your collision coverage. Might have the coverage if you but you have the coverage if your car's finance, because it's not.

Your car, it's the car.

You're correcting that or you should, or if you let that coverage lapse, what happens is a credit union or whoever forces that crappy insurance that only covers the.

Bank, right, and the possess your car. Oh hell yeah they will if they got a big asset there and you know you're leaving it uninsured.

Well they'll take your boat, your airplane if you're back on payments and don't have their asset ensured. Because when your car has a payment on it, I assure you that is not your car.

That is the bank's car exactly. You can't sell it until you pay off the bank.

So most people, because we've been brainwashed into thinking everyone should have a car payment as a nation, right, we're always one car behind what we can afford. Of course not true, but anyway, so most people will have collision coverage. So you get you know, you get your car fixed with your own carrier yep.

And then then your own carrier well long as there's money on the other side is going to subrogate and try to get their money back. But if you're up at those maximum limits, no one's going to get their money back, right right.

And you use the fancy word there, watch one subrogate, subrigate.

It happens all the time. In fact, every auto accident. People don't don't realize this. A lot of people show up at the hospital. What do they do. They say, Oh, I've got health insurance, I've got Kaiser, or I've got whatever, it doesn't matter what you have. And you go through an auto accident and you get to the end of it and you used your health insurance the whole time, Well,

That's a lot, all said and done.

When the case was over and it was time to pay the piper and the subrogation was happening between the health insurance and the auto accident, John got those bills down. Listen to this man, it's like seven grand, which is like normal. I mean, that's what they should have been to belief. But and you get to keep the money. A lot of people don't realize that.

Explain why that is. Explain why if you're my attorney.

And there's a hospital bill lucky, first of all, and.

There's a hospital bill for twenty thousand dollars okay, and you get the hospital to accept three thousand at the end, Explain to me why that's seventeen thousand we get to keep.

Why is that? It's unlike any other issue I can think about.

If I have a homeowner's claim on a couch, well, I guess really it is.

It's replacement. But go ahead, explain why.

Well, first of all, if you got a twenty. Let's say you got a twenty five dollars hospital bill. Yeah, okay, you can use the billed amount against the third party at fault.

I know, defend it, I know.

But even if it's only cost a fraction of that, you still get to keep that full of man.

Oh right, Well, one of the reasons you get to keep it is because you had the foresight to have health insurance.

Yeah.

Because and so that is called the collateral source rule. And what that means is the person that hit you cannot benefit from anything that you purchased to cover that incident.

Because, as you said, had the foresight to have health insurance. That can't benefit the guy at fault or the gallant.

You get to claim the.

Twenty and then you know, tell them with your insurance company, you did it greatly reduced.

Let's go back to like hail damage on a house, because here's kind of where it's different. If I have hail damage at a house and I tell my insurance company I need a new roof, and they come out there and they agree I need a new roof, and the new roof is eighteen thousand dollars, and I get a check for them for eighteen. But then I go out and I find Jay Brats or someone to do my roof, and I only do it and somehow I get it done for ten grands. Technically I got to

So that insurance fraud is something else. That's like when you engineer a claim that didn't happen.

No, nope, So listen, let me if you can get your roof done. In fact, Kelly, get Bryan Burns on. I love taking you guys to task because I know I'm right, but maybe I'm wrong. There has been a time or two in my life that I have been wrong.

I don't know anyone.

I don't know anyone who has not made money on homeowner's insurance claims.

Oh my god, A lot of people don't hold on. We got to take a break hold on. I promise Dan and Don will come back to you Kelly soon. You can get Brian on real quick too.

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All right, both three oh three seven one three eight two five five. If you haven't.

Watched us on YouTube behind the scenes, you really need to. We talk about all different kinds of things. We're gonna get Brian Burns on and talk to him because that is insurance fraud. If it costs you ten thousand dollars to fix your roof and you have a ten thousand dollars receipt from the roofer and your insurance company overpaid you twenty you technically owe it. I know, I know you think I'm crazy. But we'll get the insurance guy

Anybody? Does anybody know what that is?

Dan?

What is it?

Well is that if you've been convicted of a felony, you can still own a gun as long as it wasn't a victim's Rights Act of fence like murder, sex assault, stocking.

Okay, what's your question about it?

Can you still own a gun?

Well?

I can't. I can't suck down the bill that quick. But help me.

Okay, this says Senate Bill to seventy one. This must be the wrong bill because this says clean up Provisions, which enacted recommendations of the Colorado Commission on Criminal in Juvenile Justice.

I don't think this is it?

Is it?

Is it? So? What explain it? Marco?

I mean, do you know, well, you know it was touted as you can still own a gun, and.

We're gonna limit if you're a felon.

Well, well we're gonna limit the crimes we're gonna limit, We're gonna narrow, make it more narrow to keep a gun from you.

That was the way it was sold, right, So in other words, it seemed like a second.

Amendment supported Second amendment.

This is like what they did to double our property taxes. That said, hey, this bill's going to lower your property taxes, and people voted on it and their property taxes were doubled.

So you're saying, AOKI doped us aoki do this. You got to read the footnote. So what's the final you can't own a gun?

Well, actually, it expands the list of prior convictions that when you get a new conviction.

That they can take your firearm, that they can take it away.

So it's it's it's a double edged sword, and I would say the second edge is the worst one.

Yeah, it always is, you know, it always is. This is the same state. Didn't did Polus I guess he didn't have to sign it. But did the bill go through with any gas fired?

Oh?

Yeah, yeah, that aspect the summer of next well, and of course what's going to happen.

Hopefully it gets up to the Supreme Court fast. Well, but there's no way that's going to be upheld. I mean that that limits stuff. That's absolutely crazy.

Yeah it is.

But you know, the good news for us freedom loving Americans is that they're also already a number of very similar cases at the Supreme Court. Now that could change this, that could absolutely just just tank this this entire body of law.

I don't trust one damn thing our legislation in Colorado does that thing. That thing with property taxes was crazy. They gave us like a little discount one year, and then the very next year mine doubled.

It doubled.

It was the craziest thing I've ever seen. I don't trust a damn thing they do in this stay not a damn thing.

So very disappointing.

So Dan, what's your opinion on it? If you read it, I mean, it sounds like it's just another no, you can't have a gun. It sounds like, from what you were saying, Marco, there might be some exclusion for something very very strange or something.

Well, they're the first time.

Offenses that would prevent you from a fire Give me one that possibly that you wouldn't you you wouldn't have been able to own a firearm, and now you can.

I don't know.

I mean, it's not going to be anything like domestic violence or bank robbery.

Oh no, that's maybe a d UI, maybe a felony d UI. Maybe maybe a felony DUI.

But if you but if you get into trouble again, the chances of them taking your gun are now much higher than they were exactly because.

They they it's almost like they can reach back.

Yeah, I got you, and and you know, and bring a new sum to the table.

Dan, does that help your question at all a little bit?

What about if someone got caught trying to buy like two pounds of pot and it was a felony.

I have no idea. I mean, my god, can't you go in and buy two pounds of pot right now?

So?

Allow would someone do that? Yeah?

I mean like literally, I mean I guess you can only buy a certain amount.

But I think Dan is probably talking about before pott was legalized, and you have a connection for buying two, so Dan, so I believe that person would still be prohibited regardless of one.

So in criminal defense, that's interesting what you said. You've done criminal defense, Marco.

I have a full time lawyer that works for me, but that's criminal So I'm not I'm not an expert, but I'll answer your question.

Yeah, Well, think about this if if buying dope or yeah, if buying dope was illegal, not selling it, but buying it was illegal. And I assumed twenty years ago in Colorado if either end of the transaction you were on you might go to jail.

In Texas, I know you would have went to jail. Well, if it's a felony, well, yeah, regard well in Texas. So whatever.

I want to get out of the lane here. My point is if you broke the law, but since then the law completely changed where buying marijuana is not illegal. I mean, would that actually be a strike hold on Dan? I mean, can they go back and use that under this law? That's what Dan's asking.

So the answer is I don't know, yeah, because I haven't read the bill in detail.

What I'm telling you is though that it was touted as you know, supporting gun owners, you know, Second Amendment, but the people that fought it were really the Second Amendment advocates.

Yeah, I got you.

So I don't know the details of it, but what I know is it was getting sold to Bell of Goods.

It appears it sounds Dan, I mean, you're going to have to go read it.

Does this have to do with you directly? Did you actually buy two pounds of dope allegedly?

Did what?

Now?

Did you buy dope? You said dope? Marijuana? Did you buy some years ago?

Or what pounds of marijuana? I know a guy that did, and he says it's okay for him to have a gun.

Now, Yeah, maybe he can. That's very possible. I mean, my god, this state can go buy marijuana all the time.

I would call. In fact, I bet if you called.

Over to Marco's guy there right, or called Joseph Flu's era, call a criminal defense attorney if it's a question.

But I'll tell you this, if you're not sure if you should have a gun or not, that means you shouldn't have one. You probably shouldn't have one.

And by the way, the gentleman that Dan is referring to with a two pound alleged purchase, it's not the fact that what he did back then is legal now. It's the fact that he has a felony conviction that makes him a prohibited person for the purposes of exercising his second Amendment.

Right.

That's what I was asking Marco is that if I don't care if it's marijuana, I don't care what the law is. But if the law is changed to where something that was illegal is now not illegal and you had a conviction of it, does that still count as a strike you.

So the answer is yes, okay in a lot of cases. But if you want specifics, you need to invite me back soon.

With the guy. Can you schunge it?

Answer is that something a criminal defense attorney could get expunged because now it's not.

Illegal, but you got to pay for it and go through the hoops.

You know.

A sponge is an interesting word. Yeah, okay, because you know, maybe.

Some employers, you know, they run a criminal background and it doesn't show up, right.

Yeah, but I'm not so sure that takes it off the CBI.

You know.

No, but once again, does account as a strike. I'd love to know the answer. Yeah, if it's a felony conviction that stays on your record until it's expunged, yeah, so you'd have to now.

But then it goes to my question, something like this with marijuana. And here's the deal though, what did he say two hundred pounds when he pounds? Well, I don't think you can buy two pounds, actually, I think legally you can only buy announcer or something. Scott you would know.

But it doesn't matter because in this very very narrow case that damn called about, Yeah, it was a conviction for two pounds. Yeah, and that's a felony and so yeah, maybe today you can Even if you could buy two pounds legally today, it doesn't change the fact that this poor man was convicted of felony.

But he could probably. I'm saying he could probably get it off his record. Well, I have no idea that would be.

When Marco returns on Monday, it would be great to get his criminal associate's opinion on how hard it would be to expunge it and how much that would cost and what the odds are. But I can tell you there are a lot of federal cases that are working their way through the system now that will make it legal for non violent felons to restore their Second Amendment right.

I think that's without expungement. That's a wonderful thing.

Because there's a guy, there's a case of the Supreme Court right now. A guy was convicted in the seventies for food stamp fraud, food stamp fraud, stamp fraud because he understated his income on a food stamp application in nineteen seventies. It and he isssuing the Feds to restore his Second Amendment rights. So that is very advanced right now, and it will have national implications.

They will, they will the Supremes here this year.

Uh, I don't know, it's it's it's it's either if they're either petitioned for third or it's just about to be petitioned first.

All right, three oh three seven one three a two five five. Don you're up next.

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All right, three oh three seven one three eight two five five. By the way, I do want to update everybody on Tom real quick. We get a different audience all the time.

Tom.

The reason he's been in and out for a while on the show this year is he had pancreatic cancer and he had surgery yesterday and the cancer is officially out of him, and he is on.

He's in the recovery stage.

It's going to be a little bit before he's back constantly, but he's at the best point he is. That three percent we hear about think about that three percent. Three percent. The cancer didn't spread, the surgeon got every bit of it out of there, and he's going to be back to normal soon. So if anybody's been wondering why things have been a little different, if you've been listening to the show for a long time, now you get the idea. I have the entire story, though, if you want to

He was on a.

Trip back from Hawaii all the way through the surgery yesterday that was extremely successful, and we are so and we are so blessed that Tom is going to be in our lives for a long time and I can continue to aggravate him a lot.

If you listen to the show, you know what I'm saying.

So if you want to hear the entire story, and it really is, it's a very scary story. When we were talking about it's very emotional. In fact, most of the crying Suzanne and I have done about time has been very you know, very negative, very worrisome about the entire thing up until the call from him literally this morning. And if you want to hear about that, go to YouTube. Type in Troubleshooter Network.

When the show's over and this show's posted, go back and just listening to the beginning of the show.

It's a heroic story. If you're religious, I mean to us, it's a miracle. Three percent of anything. It's like winning the good lottery, not the bad lottery. It's a horrible thing when you google it. But everything's kosher. Man, everything's cool as he gets. Now, let's do this three l three seven one, three eight two five five on what is going on? It says you have a foot issue. You're working with deputy doc. Give me a little more information.

Yes, well, I went to Bunyon Cure Center in Little Ten.

I think I remember this. And what did Bunyan Cure Center? Didn't they charge you quite a bit of money? What did they do?

Well, they were supposed to fix my because my toes were kind of crooked, yeah, and uncomfortable. And then I'm in Loveland and I belonged to Banner Health and the Banner Health doctor told me that he was going to have in my right foot, he was going to have to remove my second toe.

Oh my god, to clear.

Up my feet, and I disagreed with that. So then I talked to Banner or Bunyon Center and they said, oh, no, we can fix it. So they did their procedure and it seemed like it was okay now and it.

Was actually paid. If I recall by insurance, your insurance covered it, right.

Most of it?

Yeah, covered most of it.

But just because of the timeframe we have, if I recall, the surgery was not successful.

No, And it seemed like it was pretty good at first, but then now my right foot is worse than it was before. And your doctor tried to call him, they wouldn't talk to him.

Yeah, there's a lot of stuff with hippa.

If I was a doctor, I mean, I better have a hippo form sign and people in front of you.

It's terrifying to even think about.

But the foot guy is not a doctor. Yeah, he's just a foot guy.

It doesn't matter that hippa still falls under that. But don what is your your goal is to what? Why can't you go to another doctor now and try to get it fixed. Are you saying your insurance won't cover it now?

No, I'm sure I don't know about that.

But my foot is.

I'll send you a picture of my foot and tell you how bad it is.

You know what.

I do want to see a picture of it, but I'm trying to figure out here.

I'll send it to you.

Don and Kelly will get that email, give you an email to send it.

I do want to look at it. I might even if you don't mind, I might even put it up on YouTube so people can see it.

But my foot is way worse than it was before.

Okay, don but hold on, don don don don don please Here here's where I want to try to go with this to try to get you some help. So why don't you go to a different doctor, get a diagnosis, and then get it fixed?

Is there? Why not do that? Why just forget about this guy?

No, because they can't fix it because it's worse than it was before.

So you're saying this guy caused Wait, you're saying this guy caused so much damage that now you're in worse You're in a worse position, and that they couldn't even fix it if they want to, even a different a surgeon.

Okay, hold on, and Marco, I'm going to bring this up to you.

You've done medical malpractice because I think maybe that's where he's going. I'm not quite sure where he's going. And we'll talk about that and a lot more right after this.

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All right three four seven one three eight five five. Susanna and I were going up to visit Marco like how long ago?

Was happy.

That was a Memorial Day weekend of twenty twenty four.

Yeah, a blast. Yeah.

We hadn't seen him for a while, and he reached out and he said, well, come on up to Evergreen, let's have lunch and do whatever. So we head up there. We just start heading up the hill at I seventy up towards Evergreen. We get a call from Marco. Hey, can you give me a ride to my house too? I'm broken down in the middle of the highway.

So sure enough, he was broken down, had a flat tire, and a lot of these cars you have now don't have spas. They simply don't have it. But that's right. But I've got to tell you something that was baffling to me. I know what it was. Marco's a smart guy.

Yeah, and you said, god you Marco bought a brand new Rolls Royce and it didn't come with a spare tire.

No, no, listen to this. It did have a spare tire.

Actually, the funny part is it did have a one hundred percent useless spare tire with the vehicle.

Do you know what I mean. It's a little bit of trivia. So my guess any it was out of air.

Nope, it was not at air. It couldn't hold air hair. I'll give you a clue.

He literally had a tire in the car without a rent. He had a tire. This is the same man that had three jury verdicts, more than anybody in the state of Colorado, ever, multimillion dollar verdicts in what period of time mister bendonellie. Oh look at that. Look, oh, look at that. No, I mean I do. I sometimes make decisions, you know.

I grew up poorn, right, yes, and you know we had to get a dollar fifty out of every dollar, you know, And so I picked up a nail and I kept filling the tire for a couple of days, and then I went down and I bought a new tire.

And I was gonna, really if you do not picked me up on the side of the highway.

Yes, when you got to my house, I was going to ask you to drive me down to discount or.

You know it hadn't put out and get the new tire put on a rim.

So he bought a tire from like one of these websites or something.

Like tire rack.

Right.

Yeah, he found the tire cheaper than anywhere and had it shipped to him, and he kept the tire in the back of his car for how long?

Go ahead, for how long? I mean you know, a couple months? No?

No, no, But see that tire that I kept filling up.

Yes, it was a run flat. Yes, which when you get a flat, you've got about fifty miles to get somewhere to get it hun fifty on it. Yeah, on the road. He finally just blew the tire up on the side of the highway. And I look in the back and I was.

Baffled that anybody would have a spare tire that wasn't on a rim, just a tire in the back seat.

Sounds like Marco took the term spare tire too literally, too literally.

You're supposed to have a spare rim and tire.

I digress, Don, Don, Let's get back to your foot issue. I want I want to talk to Marco about this. Marco, when we talk about medmouth a couple things. One, Don, if you truly wanted to go after this guy, he would have to find another professional in the foot world that would say that this guy did a horrible job on his foot and it should have never been done that way.

Is that correct? That's correct. You can't file a medical practice case certificate.

The money. It ain't about the money.

What's it about, Don to help me?

It ain't about the money.

What's it about, Don?

I spent money my whole life, Don.

What if it's not about the money, what is it about? Help me?

Don?

What is it about Okay, man, why haven't you gone to another doctor?

I don't know what to tell the guy. I mean, am I crazy? If you want to hold on, that's fine. I mean we've got to go to this break. I've got an attorney here that's done medmal. If you want to talk about that and it's not about the money, that's fine. We can do whatever you want. I don't understand why you don't find another doctor or a surgeon that can fix it if it's going to be covered by insurance.

That and a lot more coming up.

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Running just as fast as we can.

Shooter's gonna help, Come.

Max it's the Troubleshooter Show. No Tom Martine.

I don't know who wrote that song, but what a great song.

You know you're back listening to The Troubleshooter Show, Home of the Consumer Advocate Tom, where Tom Martino is the people's champion. For forty five years, Tom has been answering questions, taking complaints, and solving all of your problems. Now, this is a voice you probably haven't heard before because I've never done this before.

My name is Marco Bendinelli.

And I am I have a law firm in Tom, the Bendanelli Law Firm, and we are a personal injury law firm. And however, in my role here, you don't call with personal injury questions. I mean you can, but you call for any consumer advocate problem you are having because that's what we do here. For forty five years, Tom has been recovering millions and millions.

Of dollars literally, and that is.

For that came back in the form of cash, merchandise or services. So now, now, if you have a problem three oh three Martino. If you haven't got a phone, I don't know where you're living, but maybe you want to email, email us help at troubleshooter dot com. Help at troubleshooter dot com. So what do we have on desk here, mister Major?

That was pretty good, Marco Au thoroughly impressed. Yeah, we love so Honestly, guys, we love having Marco in. We're trying to strengthen our bench a little bit. And what I mean by that is we're going to have John Fuller in a couple of days. And generally part of the rule of a talk show you never tell people when someone else is going to be in. But when we have attorneys in, I feel pretty comfortable about it. I love giving people advice and I love when Tom

Well, first of all, you get you get admitted in another jurisdiction through a motion that a state attorney files. In other words, I have to get a California lawyer to file.

Emotion, oh almost like on your behalf right, and so saying pro hack VICI, pro hack VICI. Yes, three words is Latin.

Don't ask me what they mean, but I think it means something like one case at a time, so I can get admitted in another jurisdiction one case at a time.

And I've done that. You know, I practice all over the country. But basically what you're saying, though, is someone has to vouch for you. Well, you get local co console.

I mean you have to, though I don't think they peaky square or anything, but you have to.

Yes, you have to.

You have to get a license Attorney's a foul emotion, but really, if you've been practicing for more than five years, and you're in good standing, you know. For example, I'm in good standing.

With the Colorado Bar Association, right, Yeah, so they'll check that.

And if you're in good standing and you've.

Got a motion for pro hac VICI, there's no reason that they would deny it.

So the only thing I know about this is a movie called My Cousin Vinnie. He's not my cousin, Yeah, And he went and practiced alongside a Herman Munster and basically I think it was Joe PESHI wasn't it and.

It was a great movie.

But he went from New York and was practicing somewhere else, and they kept trying to look him up on the bar.

But I don't think he even passed the bar yet.

But I didn't realize you had to have another council, so that guy will be with you or that woman will be with you.

In the trial the whole time, you know, not necessarily. So when I went out there, which was just this past weekend, yeah, we were talking, right, and uh, I was interviewing lawyers. So it's not like I'm getting someone to do me a favor. Yeah, I'm interviewing them. You need someone out there, Well, well.

I need to know that they know what they're doing. Oh, I see what you're said. They practice like I practice.

Now, if I would have just wanted a referral fee, which is not ethical in Colorado, but it is ethical in most other states, which is you know, confounding. You know, depending on what city you're in, it's ethical or it's unethical.

Yeah, I gotcha.

But anyway, if I wanted a referral fee, you know, I could just refer the case. And you know, I want to take the depositions, want to I want to do the discovery.

I am coming.

After these people. They killed this kid. They murdered the young man.

Killed the kid. Let's get to the meat of it.

The two off duty LAPD Los Angeles Police Department. They were two off duty cops serving as they were moonlighting doing some security work for the Metro Transit Authority at MTA.

And so they they're on the train down.

In the subway and my the decedent, the guy that they shot and killed and killed, he was mentalalial Okay, he has some he has some problems. Right, So, prior to them getting the in the station, he pulls the emergency stop.

Okay, he has some paranol on the train. Yeah, okay, so a tussel w ensues. Not with these is it with these off duty officers, Yes, got it. Tussel windsues.

Uh, he runs into an area's trying to get away from him. So he runs into an area that's not public, right down the subway, like the wrong way.

You know, there's probably what you know, I haven't seen the footage yet, but.

I'm assuming it's like a you know, twelve foot that the train rolls by, but you know, it's a platform, but it's not public.

So he runs out there.

They get him again. They pepper spray him, and he goes to the ground. I guess when they pepper sprayed him, and he poured out a.

Pocket knife, oh boy, and he swung it and he caught one of the guards in the leg.

And then that's when they let him up. No, then he so he got away again. Right now.

It was just a flesh wound. I mean, the guy didn't require an ambulance. I mean, you know, later on, after they killed him, he walked across the street to the hospital.

So you know, it was a pocket knife. It wasn't a bad cut.

But anyway, so he runs again and he's going up upstairs, you know, still non public, and there's things up there that you can open and get out on the street. Right, And so originally the story was that he turns around with his pocket knife and lunged at these off duty cops, got it, and that's when.

They shot him. That was the story. The video shows different.

I don't have the video yet, but I got the coroner's report which shows that was gunshot. There was two gunshot wounds. Gunshot one gunshot two gunshot. One hit him.

Just above the buttocks, got it so the back and exited his shoulder.

Wow, So what does that mean? Means he was shot in the back basically, and he was shot up Oh yeah, yeah, yeah, of course, right, the trajectory he had to be above them. So what was two?

Two was another one from a different angle, but still entered around the same area and the trajectory was the same.

So it was the other cop got it.

You know, once are shooting the other one, you know, takes liberties, I guess.

So you got to see the evidence and basically kind of that's the next step.

You got to see what's going on. I mean, we know they lied. Now we'll say that again, we know they lied. It's it's in the coroner's report. It's their narrative and then his findings.

Right, so one document shows inconsistence.

Well they have because they were off duty. They probably don't. Honestly, they probably don't have any kind of not a dash can but a.

Human body candy. We're hoping they do. We're hoping that they're subway footage. Yeah, we want obviously, and.

You're probably a subway footage maybe, but it's in a non public area, so we're not sure what we're going to get. What we got so far upon inquiry without a lawsuit pending, was he runs at us, we shot him.

Wow.

Okay, so that's that's where we are. And I don't want to take up too much.

Time, but it's interesting as hell. Let's take a quick break.

Let's do that. We'll be right back after this.

Go with a sure thing Denver's Best Roofer Excel roofing dot com.

You don't pay a cent until you're contenth.

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

Black Ass, The Trouble Shooter Show, The Tom Martino Show, and this this is Marco Bendonelli. I am privileged to be filling in for Tom and Mark. And even though I'm right here, even though Mark is here, he told me to say I was filling in for both.

You're getting used to it.

I didn't quite understand why, but I just did what I was told.

Okay, hey, it looks like we got Brian Burns up.

We do, and you know what, Pete. Pete's on the line too. Pete, can you just hold on. You got a question about a tire issue.

On a Tesla and we will get to you.

But right now we've got an expert and a shorts expert, Brian Burns. What we were talking about earlier is when you get a quote for your roof and it's twenty five thousand dollars, if you can get it done for.

Ten, mister Major says you're not allowed to do that, you can't keep the extra money. So Brian, is he up that you hit the button?

Well?

No, how do I do that? Here? Hey, Brian?

So here here what's the premise of the conversation we had last hour. If Excel Roofing comes out, tells me, or it tells my insurance company it's a twenty five thousand dollars roof and they start doing it and it only turns out to be fifteen thousand. But I got a twenty five thousand dollars check from my insurance company?

Can I just keep the money? Is that? Is that a fair enough way to state a gentlemen? Yeah, I would say yes.

I would tell you that's not usually how it works. Almost ninety nine percent of the time I would say that's not how it works. They'll go they're going to give you a check for actual cash value, and so they're going to give you a much lesser check than the twenty five thousand dollars. They're going to give you depreciated value. And then once you get the roof replaced, you send them the receipt.

And the receipt from Excell would show fifteen thousand, and.

Then that's all you're getting. You're going to get made whole up to that fifteen minus you're deductible of course, so it's not really something that happens very often.

I guess.

I guess to clarify, the actual question would be this if if you have an insurance claim and they pay you X amount of money, I don't care what exes, we'll use twenty five thousand, and you have all the repairs done for less when you turn in all those receipts. Now, granted, you could go ahead and do phony receipts and stuff, but that's insurance fraud. The insurance company only owes you how much it costs to fix the problem.

That's basically what I'm saying.

Yes now, but I'm going to tell you there are plenty of instances that I've seen, especially in the old ding, when they used to pay replacement cost, where they would pay the full amount, people would get it done for less, and they would not give it back. There's nothing in the policy that states you have to. It's not insurance fraud. In other words, got it. But if you were to call the company and say, hey, I got an extra five thousand, or if.

You were to send in bogus or if you were descend in of course bogus receipts.

But Mark, under this scenario, there are no receipts to send in. So's the scenario that caused the friend with a disagreement between you and me was is it insurance fraud to get paid twenty five thousand for say, water damage, for example, and you get the check, you cash it, and then sometime later you get all the repairs done for ten thousand dollars. First of all, you don't have to send in any receipts now, because the matter has been settled with your insurance company. And I said, hey,

Well no, but he clarified to both of us it simply doesn't happen that way. What happens is you get the actual cash value, which could be five thousand out of a twenty thousand dollars claim. Then you have to send in the receipts, and if you don't phony up the receipts, you're only going to get whatever the receipts add up to.

If that's how the claim was handled by insurance adjustment.

That's how they're all handled, well, not all so.

For example, I can give you a real life example that happened only nine months ago. A very good friend of mine who lives just a couple of blocks from here, had water damage. An AC system broke down. She had thirty two thousand dollars in damages. The insurance company actually sent her the check. They didn't even make it payable to her in the mortgage company. They just sent her

Why in a case like that would that go down like cab.

Brian, Well, I mean, I don't know why they would have been so drastically different from what they estimate the damage to be versus what she actually had done. But I will answer your question. It's not insurance fraud.

Yeah, thank you.

And I can tell you why why the check was so huge. It's kind of an interesting side story to this. She initially signed a contract with a remodeling restoration contractor who fought the insurance company. They basically conducted claims adjusting service on her behalf. They inflated this claim because they expected to pocket the entirety.

That's what Matten does.

But then it turned out there, but Matt is an insurance adjuster.

This was a co tractor, right.

So they inflated this claim way beyond what it's actually going to cost. But then after she asked me to help with some research into this contractor, I found they don't even have a contractor's license in this jurisdiction.

What he just described though, Brian, that is insurance fraud. Now I'm might to bring some clarity to this. Go ahead, go ahead, Mark.

So, first of all, the insurance policy requires the insurance company, if it's an ACV policy, actual cash value.

That's replacement cost minus appreciation.

Sometimes you can buy a replacement cost coverage for your roof. Sure, however, when you sustain that damage, and that thirty two thousand dollars wasn't necessarily inflated because they have books.

Right, right, it wasn't inflated. And the I just meant they went through so much detailed down over the retail value of.

The repairs, and you bought insurance for the retail value of the rep.

Which generally in homeowners that's what you have unless you have an ACV.

Let's say you have a fifty thousand dollars car. Yeah, and you don't have a loan on it. Yeah, you don't have to cover the car, no, of course. So you run that thing into a telephone pole and you do eight thousand dollars worth of damage. They got to give you that eight thousand dollars because you bought the insurance to cover the repairs.

Now there's no loan on that car.

You can put eight thousand dollars in your pocket and drive it forever with that wreck front fender.

Sure, right, same concept.

Claim on that you're not getting another claim and getting paid.

For it is the point. Yeah, yeah, that's right. You can't. You can't claim. You know, you can't. You can't create a dupleish claim for what he's saying is you take well, hail damage is where it happens. Mostly there's hail damage, You get a check from your insurance company. You never fix it because you're like, I'm going to just put it in the bank. And then a year later there's another storm and you might get a little more damage on the vehicle, but you sure can't tell your insurance

In fact, if you're with the same carrier, they'll pull that prior quote right back up show. And they got a circle on the photographs the areas that are damaged on a roof, so they'll know.

So, Brian, what we've actually learned here is two things.

One Marco and Mark were correct and Deputy Dimitri was incorrect.

I mean, that's how I'm a guessed.

I'm a guest, so I just I'm silent radio silence here.

All right, Hey, Brian, I do appreciate you coming on. Man.

You got it, You see it, man, And that's a listen, Brian Burns. Compass insurance. I don't care if it's a commercial policy like garage keepers like I used to have workman's comp anything. I mean, even a professional coverage for a doctor. I think that's a little different. But in gen word, these guys sell every bit of insurance you can imagine. They shop everything for Suzanne and I every single year to make sure we have the best coverage.

We have time to go to Pete. Yeah, we got time, real quick. Okay, Pete, you have to be brief, but tell us what's going on.

Hey, real quick?

Time to replace the tires on the twenty twenty two Tesla model. Why Mark Tesla and a tire guy do you recommend just putting the good gear retlacing on the same tire?

What did you How many miles did you get off the original tires?

About thirty three thousand. Here's the deal. I got a slow leak in the back and the ball down to number one on the little thing, and then in the front third four. So I figured the best thing to do is replace all four of them.

Yeah, that's the best thing to do.

I mean during the summer you might get a little mileage out of the ones that have four thirty seconds. But it's an interesting thing. And I'm shocked you got that many miles. I did too on my model lest I literally got thirty two or thirty three thousand miles. And because I got so many miles, I didn't play around. I had Discount Tire actually ordered the exact same tires.

They took about three weeks to come in. What sucked.

But I wasn't in your position where I had to replace one. I just knew we were getting down to about two thirty seconds, so I would buy the exact same.

Ones on that vehicle.

If you literally got thirty three thousand, I would not mess around because that's incredible on it?

Is it all? Weal?

Yes, Yeah, that's incredible on a two little motor kessela. That's incredible. Man, thirty three thousand is great.

Dude.

You know they gave me a price for like twelve hundred at this local place down the street. So I just wanted to ask you, Yeah.

I do that.

I just i'd hold them to task and call discountancy how much they are? I mean, why not unless you really want to do you know, if you've been going there forever and you think it's a great price, that's fine, but I would check and the reason is they might match for you whatever discount says or vice versa.

Okay, that's where I'll do. Mark face.

You got it, brother, three oh three seven eight two five five, Marco take her away? So where are we going now? Well, let me tell you where we're going.

We got a couple of lines open, and we've got a little bit of time.

So have you been taking advantage of do you need help? Have you been ripped off? Legal advice? Do you need legal advice?

We've been answering questions, taking complaints and specialize in solving problems. You give us a call at three oh three Martina. Okay, Mark, what do you have?

That's it? Let's take a break. We'll be back in a second. Great 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 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.

We are back live from the Beautiful iHeart Studio. I am honored and privileged to be filling in for the professionals because I don't consider myself a professional. But I'll talk to you anyway.

You are on.

You are listening to the Troubleshooter Show, home of the longest running syndicated radio station in the country.

With the same host. Same host Tom Martine was there from day one forty five years. Can you believe it?

Forty five years? The consumer Advocate, the people's champion. Really, if you've been ripped off taking advantage of you know who to call the Troubleshooter Show.

And by the way, Marco that number three H three Martino. Even when we're not here, it goes to a voicemail.

You can leave it.

We'll either call you back right away, or we'll have Kelly or one of the deputies call you back soon as we can and we'll try to help you out.

And you were taking to not know that. How long have you.

Been practicing law in Colorado? Twenty twenty seven? Twenty seven years? I want to tell you in Colorado, I'm going to tell you about Dan McKenzie. And I'm doing this for a reason. When you're filling in for us. Dan McKenzie does wills, trust, power of attorneys, medical directives, beneficiary deeds, payable.

On death bank accounts. He's an estate planner.

And the biggest thing he does if you get a call that has to do with any of these things, the asset protection a lot of people don't realize a good estate planner is an asset protection.

That's what they do. They don't want you to have or their kin to have big tax when you pass on and your kids. They can walk you through everything. That's a big deal.

So and you can reach Dan mackenzie at seven to zero eight two one seven six year o four and Kelly'll tell you that too. But seven two zero eight two one seven six zero four, it looks like we got a call up as well.

Well, we got Stacy up who wants to ask a question about interstate transport of a vehicle. Now that could really that could be her question could be under a big umbrella. I mean, what does that mean in question regarding interstate transport of vehicle? That could have to do with state laws, state lines, requirements on towing. We'll get to her in a minute because we're we're gonna cut to Mark Major. Why I thought you wanted to meet to hand it back to you.

No, no, no, you're good, go right to Stacey. Say good, Well, then let's let's go to Stacy. Uh.

And we do have some open lines. You can call us a three ZHO three martino. But go ahead, Stacy, tell us about your interstate transportation question.

Hi Marco, thanks for taking my call. I'm just looking for recommendations for carriers to.

Interstate Well, that would be JFR Cars for sure.

Yeah, this is the kind of stuff. It's just years of doing it.

So Stacey, JFR Cars. They're on a referral list at referral list dot com. But here's why I like what Rod does. He has He has access to this it's basically a subscription he pays for. They ship cars all over the country. They have cars ship to them all over the country. So he's going to put in the exact town that this car is and what date you need it. And these people come back with bids and

Does that makes sense?

It does for sure. And you know, we've reached out to several multi state carriers and you know it's a big yeah, and hard to feel confident.

And so in fact, and in fact, there's a lot of ripoffs in that anybody out of Florida just don't even mess around with in general.

But go to j f R. Do we have there?

It's three oh three here, I got the number eight here, three oh three five two zero.

Six A three nine. And like I said, the reason I put so much trust into Rod and the gang over there is.

They literally ship cars every day of the week to and from wherever their clients are, so they just know it in and out. Three oh three five two zero six eight three nine. Is that it, Stacey?

Perfect, That's what I needed. Thank you so much, Mark, I appreciate it.

You got it.

I want to I want to thank you for reminding me about the Tom Martine referral list.

Yeah, it's big.

Those those people, those contractors, those lawyers, whatever you're looking for, they are already vetted. Not they would not be supporting now we let you on there, that's right.

They would not be.

Supporting a trouble shooter show. Now if they had trouble shooter problems, that's very they were having a difficulty, you know, providing consumer merchandise or services, they wouldn't be advertising on the Tom Martino Show.

Or they wouldn't be very smart. Let's take a quick break. Sounds great.

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 comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three O three seven seven 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 Remaxons three oh three nine two zero sixteen twenty two.

Back at you, Tom Martino Show, If you have a question? Three zero three Martino, Do you have a question. We have a line opener too.

We still have.

John holding John, if you could hold on for just another moment. I want to talk about Mark what Mark what told us about this morning about Tom Martino and that he had pancreatic cancer and.

It's horrible, but I want everybody to know he's cancer free now. He is at three percent, which is absolutely incredible. It is incredible, And I'm doing this just because we're pressed for a time. But here's what I want people to do. If you go back and listen to the first segment of the show, whether it's on our YouTube channel, then you can actually see Susanna and I talk about it, but we actually give the whole story. It all came up on January third, and it's been quite the battle.

Say that because they catch it so late. You're already in stage two, three or four. A lot of people in four.

He got very lucky, and I explained what happened to him at the beginning of the show. So please go back and listen to it, or go to our YouTube channel, go to YouTube dot com, type in Troubleshooter Network. But I do want you to go to John real quick and ask him what his question is.

Marco All right, well, I just want to let you know that we're sending out if you would join me, sond that I good thoughts.

Prayers, prayers.

Yeah, so Tom as he recovers, Absolutely, we're so glad that he is.

Yes, and we've all been looking forward for him to get I knew we'd get to this point, but it is such a weight off his back. Are back everything. When you finally do have a surgeon say in your cancer free, can you imagine incredible? All right, John, what is your question?

Good augh to know, gentlemen. I know we have pressed for a time about to rent out, but.

Hey John, we can get you back on first thing in the morning as well. But what is your question?

Well, I have a rento in for Collins House, renting a house, and I gave the tenant's a notice last December that I will have to increase the rent in June of this year, and in February I received statements from the county and my insurance company of rate increases. So I send a tenant.

Hey, John, I get where you're coming from. Let me ask you some when's the last time you raised the rent on them? You can only I'm just gonna go ahead and put them on hold. You can only raise the rent one time in a twelve month period. In the state of Colorado. There's a lot of laws that have changed. We're gonna help you out in the morning, Kelly, get all the information and we'll get one of our attorneys on from referral list dot com. My name's Mark, Major Marco Bendinelli's been with us.

See you tomorrow