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I live in Florida and I was hit by an uninsured driver last Friday. At the time, I didn't know he was uninsured because he gave me his license and insurance card and I took pictures of both, but when I said I was calling the police to get a report he said he needed to leave and just took off. I flagged down a cop that happened to be driving by after he left and she said that I wouldn't need a police report and that I should just call the insurance companies and have them deal with it. I called his insurance company and it turns out he cancelled his policy last year and hasn't been returning calls from anyone. I also looked him up on the clerk of courts and on the DMV and his license is suspended and he has over 30 cases with the court, about 1/3 of them being domestic violence and the rest being DUI/driving on a suspended license and other traffic violations. I called a lawyer today and he said that my best bet is just suing this guy in small claims court for the cost of the repairs since I won't need to pay for attorney's fees if I go this route. Is this accurate? Should I call the sheriff's office back up and let them know what happened again? I feel like not getting a police report the first time is really going to hinder me when I try to sue this guy since there is no official document saying what happened and all I have is a broken car and pictures of his documents on my phone. I also called my insurance company and they said they won't cover the costs because I don't have collision coverage (which I was unaware of and fixed), so they can't help me out. The car is drivable and the damage is mostly just to my trunk but I don't really want to just let this go.
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Jun 4, 2012 16:26
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He sounds judgment proof. Good luck.
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Jun 4, 2012 16:32
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IratelyBlank posted:I live in Florida and I was hit by an uninsured driver last Friday. ... I also called my insurance company and they said they won't cover the costs because I don't have collision coverage (which I was unaware of and fixed), so they can't help me out. The number of uninsured drivers in Florida is scary. You really need collision and as much uninsured/underinsured coverage as you can reasonably afford. Given the number of outstanding cases this guy has, if you go to small claims court he will not show up, and you will never get any money out of him. And you will be out the filing fees and the time you spent on it. Just increase your insurance coverage and let them deal with it next time, at least you will only be out your deductible.
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Jun 4, 2012 16:55
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My boyfriend's daughter, a minor, has been asked to sign an "Actor Player Casting Agreement" after appearing as an unpaid extra in a small movie being shot locally. I was hoping someone could reassure me that there is nothing in this that would want them to refrain from signing. This is in Oregon.quote:"THIS AGREEMENT is made and entered into as of the __________ (Date), by and between [NAME OF THE PRODUCTION COMPANY](Production Company), (hereinafter "Producer"), and ________ (hereinafter "Player") Obviously I removed any obvious identifying details about the movie specifically. Also she's been verbally told that "If the movie goes to Sundance all the extras will get royalties!" by someone and I warned her if that if it's not in writing, it didn't happen.
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Jun 4, 2012 21:24
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Ysa posted:My boyfriend's daughter, a minor, has been asked to sign an "Actor Player Casting Agreement" after appearing as an unpaid extra in a small movie being shot locally. I was hoping someone could reassure me that there is nothing in this that would want them to refrain from signing. This is in Oregon. She's an unpaid extra. That sure as hell isn't "FOR GOOD AND VALUABLE CONSIDERATION" to me. Consideration is the moving giving her something, whether it's royalties, cash, or pizza. She better be getting something. That previous oral agreement doesn't mean poo poo once something's been immortalized in writing.
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Jun 4, 2012 21:35
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I was wondering about consideration as well. I suppose they could argue casting her is consideration.
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Jun 4, 2012 21:38
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CaptainScraps posted:She's an unpaid extra. That sure as hell isn't "FOR GOOD AND VALUABLE CONSIDERATION" to me. Consideration is the moving giving her something, whether it's royalties, cash, or pizza. She better be getting something. That previous oral agreement doesn't mean poo poo once something's been immortalized in writing. She got fed! Really though she was invited on set to shadow the makeup artists since she has an interest and talent in doing that style makeup and apparently they needed more bodies in the scene and asked her to jump in. She's just happy to be involved and plans on going back to the set, I just want to make sure there's nothing in that making her their servant for the next 200 years or anything.
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Jun 4, 2012 21:42
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Ysa posted:I just want to make sure there's nothing in that making her their servant for the next 200 years or anything. There isn't. And, the movie business being what it is, and her having an unpaid extra thing, she really shouldn't be concerned about signing away her intellectual property rights regarding her role.
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Jun 4, 2012 21:55
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Ysa posted:My boyfriend's daughter, a minor, has been asked to sign an "Actor Player Casting Agreement" after appearing as an unpaid extra in a small movie being shot locally. I was hoping someone could reassure me that there is nothing in this that would want them to refrain from signing. This is in Oregon. Yeah that looks like a straight up 'we give you money and you assign to use all rights and that is the end of that' contract. Which I'd imagine is standard and not-odious for an film extra.
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Jun 4, 2012 21:56
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Ysa posted:She got fed! Then she's fine. No worries.
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Jun 4, 2012 22:14
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Thanks for all the responses!
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Jun 4, 2012 22:23
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entris posted:There isn't. IIANAL, but one thing I might be worried about is if this counts towards the number of appearances SAG allows before compelling dues paying. I don't off the top of my head recall what that number is, or what counts toward that number, and obviously it's not a concern if she doesn't do any more appearances in the future, so...
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Jun 5, 2012 00:42
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Hi forum. So I decided to get an apartment with a friend, another SA user, in a city nearby both our hometown, because there is definitely more opportunity, he was in a dead-end job, and the nearby city has a lot of cool social and community organizations in which to meet people. In addition, I made sure he read some materials on moving to a new town, and asked him to write a cost/benefit list before signing the lease, which he did. I got some jobs with temp agencies right away, and, with my recommendation he snagged a call-center job his first week offering complete health insurance with a half-hour commute per day. It wasn't a perfect job, but started at 10:30AM, so gave him the morning to make phone calls and meet with potential employers. So two weeks later, he had quit his job without notice after only four days post-training, then spent a solid month lying to his parents, not applying for any jobs, and taking money from his currently financially-challenged grandparents to pay for rent. Then, I found another job for him, helped him apply, gave him a stellar recommendation, and he missed the interview, then never called to try to reschedule, and spent another month playing flash games and living off his grandparents. I then actually firsthand got him a job doing data-entry at a job I was working on, and he started throwing temper tantrums, streaming music on the office server, and not attending work, and after I received a better offer he quit the next Monday, with a flimflam excuse of training for a new job. That was it. I decided he needed to get out, so began looking for new roommates, planning on notifying him that I would like him to give notice of intent to assign once I found someone. However, before I found someone he told me he was planning on moving out, and gave me a month's notice. Not from the start of the next term of the lease, but directly to me. He has done nothing to find an assignee, and while there's several weeks left in his last month's payment, I'm having a little trouble finding someone. In addition, he's now two hours away, back with his parents, so getting him in to sign the assignment will be a problem. In addition, breach of the lease agreement = punitive damages of three months' rent, and I don't intend to breach. So, does anyone have any advice on how to get this resolved so he's signing the assignment? I'm looking for more general advice on how to communicate, or just get him to assign instead of actually suing him for breach, because it'll be a major pain to chase him across state lines. I'm sorry for the ranting, but if anyone has any thoughts, please let me know.
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Jun 5, 2012 15:29
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Send him the document to sign with a self-addressed, stamped envelope that he can use to return it to you. This makes it really easy for him - just sign the assignment and drop it back in the mailbox. Since he's living with his parents, you should call the house and tell his parents what you need from him. If he's going to act like a child, treat him like a child and assume he needs his mommy/daddy to force him to take care of his poo poo.
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Jun 5, 2012 15:41
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IratelyBlank posted:I live in Florida and I was hit by an uninsured driver last Friday. At the time, I didn't know he was uninsured because he gave me his license and insurance card and I took pictures of both, but when I said I was calling the police to get a report he said he needed to leave and just took off. I flagged down a cop that happened to be driving by after he left and she said that I wouldn't need a police report and that I should just call the insurance companies and have them deal with it. I called his insurance company and it turns out he cancelled his policy last year and hasn't been returning calls from anyone. I also looked him up on the clerk of courts and on the DMV and his license is suspended and he has over 30 cases with the court, about 1/3 of them being domestic violence and the rest being DUI/driving on a suspended license and other traffic violations. If you carry liability insurance, I believe Florida law says that your insurance company is required to offer you uninsured/underinsured motorist coverage, as well. Unless you specifically declined it, on a form that says “You are electing not to purchase certain valuable coverage which protects you and your family or you are purchasing uninsured motorist limits less than your bodily injury liability limits when you sign this form," you should have it. At the very least, read your policy carefully and make sure.
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Jun 5, 2012 15:46
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entris posted:Send him the document to sign with a self-addressed, stamped envelope that he can use to return it to you. This makes it really easy for him - just sign the assignment and drop it back in the mailbox. Since he's living with his parents, you should call the house and tell his parents what you need from him. If he's going to act like a child, treat him like a child and assume he needs his mommy/daddy to force him to take care of his poo poo. I second this. If you think his parents would be any good, get them involved. If you send a letter detailing the breech to him with the assignment, send a copy addressed to them as well. He's lied to them about the whole thing, and if you're relying on him alone to pay/sign anything you won't get it.
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Jun 5, 2012 16:01
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Does anyone know if the NCIC (National Crime Information Center) is used by all police departments. Say, for instance, I go to a county courthouse and check for any warrants, and they say I don't have any. Would they be checking for the entire state, or just that county? Or is it all tied together?
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Jun 5, 2012 16:29
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beeradvocate posted:I then actually firsthand got him a job doing data-entry at a job I was working on I'd like to offer a helpful tip. It's cool you were trying to help him get a job but he was a gently caress up prior to that, so you kind of need to weigh that sort of thing when you recommend someone at a place you're at. When they start acting like that there, it reflects poorly on you.
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Jun 5, 2012 18:30
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I think this is the closest thing I will get to the right place for this so heregoes. I receive Social Security Disability Benefits and they're putting me through a "Continuing Disability Review". They keep saying that they need more information and now I have been scheduled for one of the "Consultative Examinations". I don't really have up to date medical records and I am worried that they will terminate my benefits. What's my best course of action, and what kind of recourse can I have against the SSA for this outright, ridiculous harassment. I get that there is a rule that says that they have to do these but these loving people are worrying me senseless. The Hateful Shithead (called "Ms Ward") at the Disability Determination Services is mean and adversarial to me every time I have to talk to her, "Are you really reallydisabled?" It seems like they want to gently caress with me in any way they think they can get away with. I found these people and called them, http://www.nosscr.org/ - they have a lawyer in a small town near where I live but he wants $1500 to represent me if I appeal immediately and don't want for them to cut me off. Is there a better course of action? I know I should really have more doctors records, but I was in Lakeside in October of last year for a couple of weeks. http://www.lakesidecares.org/ It's also very difficult to afford a doctor on the tiny rear end little benefit that they provide (~$900/month). They have me down as Schizo-Affective, At least I think that's what they have listed. I have filled out forms and sent them in and this loving thing just keeps dragging on and on and on. Let me tell you, there is nothing in the world that will send you into an apoplectic loving rage faster than someone being cool and unconcerned about taking away your only source of income. I just want to scream at that loving bitch.
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Jun 5, 2012 22:27
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What state are you in ? Social Security is a federal program administered by the states, so the rules can vary slightly from state to state.
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Jun 6, 2012 00:53
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I am in Tennessee
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Jun 6, 2012 01:38
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I haven't checked Tennessee in particular, although I might later tonight, but I will point out a few things. The Social Security Administration is required to conduct Continuing Disability Reviews every few years for most disabled or blind recipients of SS benefits. So you are not being singled out in that sense. As part of the review, they want to see your medical records and they want to talk to your healthcare providers. Basically, it is their job to make sure that you aren't lying, so they need to review your information. If you do not have enough information for them to review, they will try to gather more information by having you do the medical exam. They will do this for anyone whose records do not provide sufficient evidence of continuing disability. For someone with a mental health diagnosis, the SSA can't just rely on one diagnosis in your past. Mental health is trickier to diagnosis than physical disabilities, and mental health can improve over time, unlike some physical disabilities - if you are missing a limb, that poo poo ain't coming back, ever. Because you are disabled for mental health reasons, and because you admit that your medical records are spotty, they are just doing their job by requiring an exam with a medical professional. The reviewing agent would have to request this exam for anyone in a similar circumstance, it is not personal to you. I'm sorry you are going through this, but it's a normal part of the social security disability program. Query: if you are eligible for social security disability benefits, I think you should be eligible for Medicaid. If that is the case, you should be able to get regular appointments with a psychologist/psychiatrist who can keep records on your condition for you.
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Jun 6, 2012 02:08
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[quote="Vanagoon" post="404326353"] "Is there a better course of action? I know I should really have more doctors records, but I was in Lakeside in October of last year for a couple of weeks. http://www.lakesidecares.org/ It's also very difficult to afford a doctor on the tiny rear end little benefit that they provide (~$900/month)." Have you applied for disability medicaid? Lakeside is in Florida, so assuming that you're there with the below listed links/info: On this page, it lists some basic info on the program - http://www.dcf.state.fl.us/programs/access/medicaid.shtml#ad Further up, it states: "DCF determines Medicaid eligibility for: Aged and/or disabled individuals not currently receiving Supplemental Security Income (SSI)" To apply for benefits: http://www.myflorida.com/accessflorida/ If not in Florida, Google your state with the words *disability medicaid*, and their agency website should pop up.
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Jun 6, 2012 02:26
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You know you can still get medical records from places you've received care, right? There is some variation in how long records must be kept but you shouldn't have any problems going back a few years. There's some back and forth with consent forms but you should be able to the information sent directly to your case manager.
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Jun 6, 2012 02:47
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All the forms and paperwork and shite that the SSA fucknuts sent me say they want to see stuff from the last 12 months of which there is very little aside from the Lakeside "vacation". Doctors here like hundred dollar bills. gently caress this country and gently caress its stupid rear end inhuman for profit healthcare system. God drat you, "Ms Ward". Gimme my crazy check and leave me the gently caress alone forevermore. As an aside the bill that got sent to medicare for my lakeside sleepover was over ten grand for two weeks of sharing a room with another nutty fucker and having group "we so crazy" meetings. Eat poo poo, lakeside behavioral health.
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Jun 6, 2012 03:02
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chemosh6969 posted:I'd like to offer a helpful tip. It's cool you were trying to help him get a job but he was a gently caress up prior to that, so you kind of need to weigh that sort of thing when you recommend someone at a place you're at. When they start acting like that there, it reflects poorly on you. That is good advice, and I agree. Thanks, everyone. I do now intend to call his parents this evening. In regards to helping him get a job it was not the best choice and I won't be making that mistake again. Other than getting the assignment done, I won't be dealing with him any more. I really appreciate the advice.
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Jun 6, 2012 11:48
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Vanagoon posted:All the forms and paperwork and shite that the SSA fucknuts sent me say they want to see stuff from the last 12 months of which there is very little aside from the Lakeside "vacation". Doctors here like hundred dollar bills. gently caress this country and gently caress its stupid rear end inhuman for profit healthcare system. Greetings, Medicare beneficiary! I'm too lazy to look for the most recent guidance, but in 2010, the Medicare Part B annual deductable was $155. It's probably in that ballpark now. After that, you would be on the hook for your coinsurance -- 40%. Medicare pays around $40-50 for a 30 minute therapy session. That means your responsibility is a $20 copay. If you are having trouble finding a therapist that takes Medicare, I suggest you look on the Medicare website. Of course, if you're not on traditional fee for service Medicare, and are instead enrolled in a Part C plan, you should contact your plan to find out how they cover mental health services and what is in network for you -- but based on the mental health parity laws, it should be affordable and not cost you 'hundreds of dollars'. Additionally, if you are on SSA disability and Medicare, you probably also qualify for Medicaid, which would cover all of your coinsurance and deductable for Medicare. Edit 2: Derp, you said you were on SSA disability, not SSI disability. Have you tried applying for it? Social Security Administration posted:Thirty-two states and the District of Columbia provide Medicaid eligibility to people eligible for Supplemental Security Income (SSI ) benefits. In these States, the SSI application is also the Medicaid application. Medicaid eligibility starts the same months as SSI eligibility. Zauper fucked around with this message at 16:22 on Jun 6, 2012 |
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Jun 6, 2012 16:12
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Jefferson County, CO. We own a couple of dogs. We have no covenants or HOAs. Our neighbor is complaining about the smell of the dog poop wafting from our yard into his. (He was drunk and threatened my wife with a lawsuit this afternoon). We've lived next to this guy for five years, and we've had the same dogs the entire time. He's fixed up his patio area, which is why he's become interested at all recently. We scoop once a week. I intend on increasing the poop patrols just because I don't want to be a bad neighbor. Do I have any reasonable liability from the smell wafting from my yard into his?
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Jun 7, 2012 00:51
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TheBigBad posted:Jefferson County, CO. Nuisance, maybe. And maybe if it violates some local ordinance or health code. But scooping once or twice a week for two dogs seems pretty reasonable unless they're like some sort of giardia-powered mastiff poo poo machines. Just keep scooping.
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Jun 7, 2012 01:02
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Greetings lawyer goons, I come with a question regarding a claim with our automobile insurance company. We were struck by an uninsured motorist and the insurance company is refusing to pay out what we need to cover the medical bills from the accident. I have typed up a letter to the company and I was hoping one of you would be able to help me phrase it better, this is not something I have tried to do before. I will post a copy of the letter below this paragraph. I read the forum rules and if this is not the right place to ask this question I apologize. After careful consideration and going over the bills we received and the ones which may still come up; we do not believe the current settlement that is being offered to us will cover all of the expenses. We purchased $10,000 individual medical coverage and $100,000 uninsured motorist coverage; this should be enough to cover any medical bills or expenses that are accrued from filing this claim. The motorist who struck her vehicle was driven by an uninsured motorist, shouldn’t this be the point when that coverage kicks in? The current settlement offer is not even enough to consider covering the pain and suffering that ( ______) has received from this accident. She will have to live with this injury the rest of her life, and this could possibly be just the beginning of medical issues related to the accident. The injury that she has suffered from this accident has impaired her ability to perform all the tasks related to her daily life without constant pain; the injury has also hindered her ability to perform the tasks related to her job. We believe that this falls under the Colorado law of “non-economic damages” under the statute C.R.S. 13-21-102.5. We will consider a reasonable offer to settle this claim, but so far we have not received anything remotely close to the expenses we have paid out. If your company would like to close out this claim, then there needs to be a justifiable amount offered for the pain and suffering, medical bills, damage to the automobile and physician care which may arise in the future.
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Jun 7, 2012 02:37
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Justinen posted:Greetings lawyer goons, I come with a question regarding a claim with our automobile insurance company. We were struck by an uninsured motorist and the insurance company is refusing to pay out what we need to cover the medical bills from the accident. I have typed up a letter to the company and I was hoping one of you would be able to help me phrase it better, this is not something I have tried to do before. I will post a copy of the letter below this paragraph. I read the forum rules and if this is not the right place to ask this question I apologize. How confident are you that the medical issues have completely resolved? If there's any chance of future costs you'd be crazy to settle right now for anything less than the policy limit. (Not your lawyer, get a lawyer)
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Jun 7, 2012 03:51
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May want to throw in there that the company has (1) the duty to fairly and promptly investigate the claim; and (2) the duty to pay the claim if it is valid. It's part of the "good faith and fair dealing" obligation that all insurance companies are subject to. In my experience, insurance companies will lowball until the point a lawyer gets involved, since it usually costs them nothing to wait. If you're not getting anywhere fast, you may want representation.
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Jun 7, 2012 04:44
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Small question here. I'm a bylaw officer with my city, and I went to a person's residence (condo) for a complaint investigation. 15 Minutes into being there we found out the owner was recording us with a video camera the whole time. He did not ask our consent or bring it up at all, and the only notification was a small print out on paper, taped to a closet near the front door that said "Under video surveillance 24/7" or something to that effect. He refused to say what it was for, though I'm not worried about the contents on the recording, but was it legal for him to record us without our consent? Also, this is in Canada. Gringo Heisenberg fucked around with this message at 23:47 on Jun 7, 2012 |
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Jun 7, 2012 23:45
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In Minnesota Looking for help with not getting my parental visitation. We have it written in the divorce decree e/o week e/o holiday +5 days per month during the summer etc etc. 6 years of minor issues with this later now I haven't had access to my children for a few months now and she is denying all weekends and I cannot get the children on the phone.. mediation is also in the papers I'm not sure what I can do? MN family law goon needed!
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Jun 8, 2012 09:30
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Several months ago a neighbor of mine damaged the cable box that services the units in our town house building. I saw him do it and told the property manager and he was evicted, I also told the cable company, and the police. Fast forward to a couple of days ago and I had to testify as a witness in his criminal trial. Despite all odds he was somehow found not guilty. Do I have to worry about him trying to sue me for defamation or something since he was found not guilty? I literally saw him do what he was accused of, but he denied it and was found not guilty, and now I'm worried. Thanks.
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Jun 8, 2012 21:40
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Michael Corleone posted:Several months ago a neighbor of mine damaged the cable box that services the units in our town house building. I saw him do it and told the property manager and he was evicted, I also told the cable company, and the police. Fast forward to a couple of days ago and I had to testify as a witness in his criminal trial. Despite all odds he was somehow found not guilty. Short answer: No. Long answer: He could sue you for blowing up his dog as easily as he could sue you for defamation - all he needs is a filing fee. His chances of winning are astronomically small. (unless he has evidence of you talking about how you're going to make stuff up about him to get him in trouble/ get him out of the building - but then the criminal case probably wouldn't have gone to trial) Just becasue he won at a criminal trial doesn't mean a thing re: a civil trial for defamation. His win at a criminal trial means that the state couldn't get enough evidence to prove beyond a reasonable doubt that he did it. That amount of proof is supposed to be difficult to reach. (the jury in his case may have even understood that) In a civil trial, all it would take to prove that he did it is evdience that shows that it is more likely than not that he did it. Unless he's both stupid and rich, I can't see him getting an attorney to file such a case. If he's just stupid and can piss away the $70-$150 or so filing fee, there's nothing stooping him from suing you for either defamation or the dog thing - but he'll lose. This is not something to be worried about at all. Gringo Heisenberg, not a canada expert, but I beleive Canada is a one-party consent (to recording) jurisdiction. There is a video voyeur law, but it would apply only if you were going to get naked in his house and you had a resonable expectation of privacy in doing so. (Which I doubt on both points)
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Jun 8, 2012 22:04
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joat mon posted:Stuff. Thanks. It was a bench trial if that changes anything. I am more worried about him suing me over being evicted, but he would probably sue the company that owns the building instead. There was a person from the cable company that testified as well, so it's not like there would be any reason to think I was just making stuff up. I guess there was just a reasonable doubt, but I don't see how unless the judge just didn't believe my testimony, which is entirely possible I guess.
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Jun 8, 2012 22:19
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mophomanners posted:In Minnesota Take her rear end to court. Motion for enforcement. Not a MN lawyer, not your lawyer. Call a local attorney.
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Jun 8, 2012 22:25
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beeradvocate posted:That is good advice, and I agree. Thanks, everyone. I do now intend to call his parents this evening. In regards to helping him get a job it was not the best choice and I won't be making that mistake again. Other than getting the assignment done, I won't be dealing with him any more. Ha! I didn't get a chance to call his folks, he came into town and moved all his stuff out (to which he has the right, but also my paycheck was missing from the place I always keep it when I don't have time to deposit. I got it cancelled by the drawer and issuer before it was paid, but I'm not going to bother including it in the suit. However, next Monday I'm filing; he's going to disappear otherwise. Fun, fun.
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Jun 9, 2012 04:01
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Somebody told me that getting caught with an open beer in one's car (in OH) is only an open container ticket and not an automatic DUI (assuming the driver isn't intoxicated). I find this hard to believe, is it true?
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Jun 9, 2012 23:39
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