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terrorist ambulance posted:You could be really hosed. I would talk to a lawyer. Just to expand on this -- being uninsured or underinsured while driving, ever, is really stupid. I understand some places only do a really nominal amount of coverage, and that sucks because you live in a shithole, but the potential liability you incur while you're driving is really unbelievable. If you nudged a guy riding his bike next to you and made him fall and break his arm, you could be liable for lost wages and some pain and suffering; probably covered by your 5,000$ or 25,000$ or whatever dipshit insurance you got just to be legal while you're driving. But if it turns out the guy you nudged was a surgeon, and now he can't operate any more because you broke his arm and it won't heal right, you could be liable for ending the career of a promising surgeon, and be responsible for paying the difference between his salary as a GP and his salary as a practicing neurosurgeon from now until the time he retires -- probably millions of dollars. Unless you sprang for the extra coverage, bend over and lube up, because you're owned. It's like winning the lottery, except in reverse -- an improbable, sometimes exceedingly so, chance event sends you into absolute irrecoverable financial ruin. Never drive uninsured or underinsured if you can help it at all
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Oct 6, 2012 22:42
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What would you say is the base for underinsured versus 'just right? I imagine anything that is 'state minimum' is poo poo.
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Oct 7, 2012 00:51
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Thanks for your responses so far. Very obviously I didn't know better. Trying to find a lawyer... But other than telling me I should have known better, what should I expect to happen to me?
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Oct 7, 2012 00:58
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I work in insurance and usually someone who is underinsured or not insured gets put through a subrogation process where you agree to a payment plan to eventually pay off the insurance company that ends up footing the bill for your damages. I don't know how it works at first though w/r/t seizing assets or whatever. Good luck man 
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Oct 7, 2012 01:01
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QuiteMad posted:what should I expect to happen to me? First they gotta sue you. Nothing happens to your property at this point, it's just them suing you for the damages. After they win a judgment against you, THEN they can do things like try to garnish wages, levy property, etc. But state law protects most "normal" property from collections. I dunno your state law exemptions, but typically you cannot lose 1 vehicle, a house full of furniture, all your clothing, etc. A "normal" family with 2 cars and a house full of crap loses no personal property to a creditor. Creditors don't want physical property anyway, it's always worthless and a pain to sell. The juicy targets for collecting against regular people are garnishing wages and bank accounts. Again, this is after they sue you and win. IF they know where you work (and if you work), they could stick a garnishment on you. Usually like 30-40% of your pay gets siphoned off to pay the judgment. They can also freeze bank accounts (if they know where you bank) and get the money. If they sue you and win, you have a few options: 1. try and work out payment plans or deals with them 2. dodge it. If you're already out-of-state, and move around, they may never pin down your job. 3. file bankruptcy. Property damage from car accidents is 100% dischargable in bankruptcy. 4. just get garnished
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Oct 7, 2012 01:22
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woozle wuzzle posted:First they gotta sue you. Nothing happens to your property at this point, it's just them suing you for the damages. It's also worth keeping in mind that a lawsuit is kind of an unusual way for cases like these to go. QuiteMad, what'll probably happen is that they will offer you a specific amount: "give us $x, and this whole thing goes away." They don't care how you come up with the money, just that you do. Take it out of savings, get a second job, beg your mom, put it on a credit card cash advance*, turn tricks on the street*, whatever. You're still responsible for any consequences related to how you get the money - so you're on the hook for tax penalties for taking money out of an EIRA, prostitution charges if you turn tricks, or whatever - but the insurance company will just want their money and things will never go to a lawsuit. That settlement amount, by the way, is totally negotiable. Normally, it'd be in your insurance company's best interest to represent you, but they're in a situation where they might want to throw you to the wolves. It doesn't matter to them whether the final amount is $5,001 or $25,001; either way they're on the hook for five grand. You should be out looking for, at least, an initial consultation from a lawyer you can trust to represent your best interests. Just having somebody write a letter can save you a ton of money. The insurance company doesn't want to go to court either (their lawyers cost money too), and they'll probably come down at least a little if you show any more backbone and sense than "yes sir I'll sign right there sir" or "I don't need no drat lawyer to see you in court." *do not actually do these things
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Oct 7, 2012 01:48
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I live in Philadelphia, PA and have a question regarding my lease. My roommate, however reads these forums and I'd rather not have him come across anything in this thread. Would anyone be willing to shoot me a PM?
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Oct 8, 2012 04:01
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Read your lease. It says you're both liable if you run out and leave him with the lease. Also, if he's making a mess/pissing you off/whatever you're annoyed about, too bad. The landlord's not going to be obligated to keep him quiet. Or you could tell us what you are getting at.
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Oct 8, 2012 04:28
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Hey, thanks for assuming this was about petty bullshit. I've done a search through the thread, and I know better. It's very likely that he's going to be under investigation for social security fraud soon, and the lease says nothing regarding criminal activity. If he's convicted and sentenced to prison/ordered to pay a fine, leaving me the only person able to pay the rent, am I screwed? I'm guessing the answer is yes.
scremlin fucked around with this message at 05:45 on Oct 8, 2012 |
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Oct 8, 2012 05:18
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terrorist ambulance posted:Just to expand on this -- being uninsured or underinsured while driving, ever, is really stupid. I understand some places only do a really nominal amount of coverage, and that sucks because you live in a shithole, but the potential liability you incur while you're driving is really unbelievable. Just out of curiosity, do you have some horror stories to share? Since selling my car a few years back, I've gone without auto insurance but rented cars probably 2 months out of each year, usually declining coverage. How much of a horrible risk am I taking on, and do insurance companies even cover people like me? I'm in Pennsylvania, if that makes any difference, but have done a good bit of drivng throughout the East coast and in Nevada.
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Oct 8, 2012 05:30
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typo demno posted:Hey, thanks for assuming this was about petty bullshit. I've done a search through the thread, and I know better. It's very likely that he's going to be under investigation for social security fraud soon, and the lease says nothing regarding criminal activity. If he's convicted and sentenced to prison/ordered to pay a fine, leaving me the only person able to pay the rent, am I screwed? I'm guessing the answer is yes. You're welcome. But the answer is exactly what I sad - yes. His inability to pay the rent, for whatever reason, still leaves you on the hook for the entirety of the rent. (I'd double-check your lease to be sure, but I'm 95% sure the words "jointly and severably liable" are in there, and that's what they mean) The best bet in situations where you lose your roommate and have to pay for all the rent yourself is to talk to the landlord, and see if they'll try to rent the place out and let you off the hook. Even if they don't have to, sometimes you can work with them. Or just give them the appropriate notice that you're terminating the lease, and get out early.
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Oct 8, 2012 06:25
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typo demno posted:Hey, thanks for assuming this was about petty bullshit. I've done a search through the thread, and I know better. It's very likely that he's going to be under investigation for social security fraud soon, and the lease says nothing regarding criminal activity. If he's convicted and sentenced to prison/ordered to pay a fine, leaving me the only person able to pay the rent, am I screwed? I'm guessing the answer is yes. If you were reading the thread, you'd have seen that on the very last page that there was a discussion about not giving legal advice through PM since it might give rise to privilege and conflict issues. Even a tiny thing like sending you a PM with legal advice could potentially get a lawyer in trouble. And if you read the first post, you'd have known to at least post a general description of the problem. 99% of the roommate/lease questions people have in here are about petty bullshit, so with no description of your problem in your first post, it was a pretty reasonable assumption to make. And you're probably screwed, unless his is the only name on the lease.
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Oct 8, 2012 06:29
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Thank you both.
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Oct 8, 2012 06:34
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I am refinancing my mortgage. Currently my wife and me are both responsible for repaying it. This causes my wives ratios and credit score to look like doo doo. The new note will not name her as a borrower, but her name will still be on the title of the home. What happens when I die? Will the mortgage become due? She would probably want to continue making payments until she can downsize or find a new sucker husband to pay it. I assume she will use my life insurance to pay for a hairless pool boy rather then repay the note.
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Oct 8, 2012 16:23
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Elephanthead posted:I am refinancing my mortgage. Currently my wife and me are both responsible for repaying it. This causes my wives ratios and credit score to look like doo doo. The new note will not name her as a borrower, but her name will still be on the title of the home. What happens when I die? Will the mortgage become due? She would probably want to continue making payments until she can downsize or find a new sucker husband to pay it. I assume she will use my life insurance to pay for a hairless pool boy rather then repay the note. You need to see a lawyer. These issues are too big to rely on internet advice.
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Oct 8, 2012 16:30
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Next thread should flood the op with basic legal info. I feel like the same issues constantly arise in the thread, landlord\tennant\roomate is probably #1.
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Oct 8, 2012 18:09
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xxEightxx posted:Next thread should flood the op with basic legal info. I feel like the same issues constantly arise in the thread, landlord\tennant\roomate is probably #1. The issue is that "basic legal info" often varies by state.
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Oct 8, 2012 18:25
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Konstantin posted:The issue is that "basic legal info" often varies by state. Maybe something that just says "Question about your tenancy? READ YOUR GODDAMN LEASE" Because seriously that's the answer to most of those questions regardless of jurisdiction
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Oct 8, 2012 20:02
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Dogen posted:Maybe something that just says "Question about your tenancy? READ YOUR GODDAMN LEASE" Follow that up with "joint and severally liable means you're hosed!" and there goes like half the thread traffic.
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Oct 8, 2012 20:44
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We should really have a list of goon lawyers per jurisdiction who will do goon lawyering for reduced fee or something. Or like a $50 for 30 min session. That way goon lawyers can give good advice in a proper A/C relationship. That probably runs afoul of SA rules though.
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Oct 8, 2012 20:48
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euphronius posted:We should really have a list of goon lawyers per jurisdiction who will do goon lawyering for reduced fee or something. Or like a $50 for 30 min session. That way goon lawyers can give good advice in a proper A/C relationship. That also runs afoul of my 'why on earth would I do that' rule.
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Oct 8, 2012 21:15
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I am an attorney in Knoxville, TN, and I will do goon lawyering for a regular fee but it has to be paid up front because I don't trust goons.
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Oct 8, 2012 21:17
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Hey goons, I'm currently living in apartment with three other girls as a tenant at will in Massachusetts. Two of the girls (J & M) and I believe that one (B) is profiting off of the rent. When I was hard up for a place when my boyfriend and I broke up, I met B through a friend. The place is a three bedroom that she was asking for 800/mo all util included; she wanted to find a fourth to make it easier (?) and wanted to charge 800 for that person as well. I mentioned that it didn't make sense that it wasn't 600/mo with a fourth and she gave me some dumb excuse. Eventually we worked it down to me paying 600/mo and my friend I've known for years, M, would pay 640/mo. B mentioned we needed to find a fourth and that we should ask our friends and that rent was 610/mo for the room. Eventually, B found J on her own and through chatting, we found out J pays 780/mo for her room. J, M and I all get along well and B is otherwise a nice person but it's exceptionally shady! We think B is making a profit off of us. I decided to ask the landlord what the rent actually is and to see the lease and he told me we should ask B and that it isn't his business. We told him he is the landlord and he should tell us but he refused and said at one point that he thinks B SHOULD make a profit off of us because of times it was vacant and that B has a lot of responsibility so he thinks she should profit. WTF?! She doesn't even DO anything like clean or contribute to chores either. I'm assuming the landlord is in on the situation with her and it's making all of us uncomfortable. What rights do we have?
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Oct 8, 2012 21:32
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Killy posted:Hey goons, Assuming B's name is the only one on the lease and the rest of you are subleasing, why shouldn't she be allowed to make a profit? You entered into a free market transaction and presumably agreed to pay what you think the room is worth. If the other roommates were more or less adept at negotiation that doesn't somehow make it illegal. Now, if you are leasing directly from the landlord then things get more complicated.
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Oct 8, 2012 21:45
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JesustheDarkLord posted:I am an attorney in Knoxville, TN, and I will do goon lawyering for a regular fee but it has to be paid up front because I don't trust I have fixed this for being a Texas lawyer.
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Oct 8, 2012 21:53
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I don't make appearances in court or at mediation before payment, but for poo poo like agreed divorces I just ask for payment at the time of signing.
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Oct 8, 2012 22:09
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Killy posted:Hey goons, I thought this was just a really good troll. Then I read your grammar/run-on-sentences again, and I realized that you just don't know how the free market works. If you don't like your lease, break it and find a new place. Or have all three of you team up and renegotiate rent - "We're all going to end our leases at the same time and find new places unless you lower our rent to X$." What I'm saying is that what "B" is doing is perfectly fine. It's legal, and I'd say perfectly ethical too.
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Oct 8, 2012 22:18
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Arcturas posted:I thought this was just a really good troll. Then I read your grammar/run-on-sentences again, and I realized that you just don't know how the free market works. If you don't like your lease, break it and find a new place. Or have all three of you team up and renegotiate rent - "We're all going to end our leases at the same time and find new places unless you lower our rent to X$." What I'm saying is that what "B" is doing is perfectly fine. It's legal, and I'd say perfectly ethical too. Maybe I am just unaware; I never had anyone to teach me these things growing up. It just seems unethical considering it's only supposed to be a two bedroom apartment and it's part of a condo association... The info is just really shady and inconsistent. Anyway, thanks for the info. edit: drat iPhones. Sorry for my bad grammar- that's inexcusable. Killy fucked around with this message at 23:50 on Oct 8, 2012 |
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Oct 8, 2012 23:35
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JesustheDarkLord posted:I am an attorney in Knoxville, TN, and I will do goon lawyering for a regular fee but it has to be paid up front because I don't trust goons. I've represented goons before. I ask for payment when I send them the retainer agreement/scope of practice doc, and haven't had any problems.
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Oct 8, 2012 23:44
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Dogen posted:Maybe something that just says "Question about your tenancy? READ YOUR GODDAMN LEASE" There is no lease. It's verbal.
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Oct 8, 2012 23:51
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euphronius posted:We should really have a list of goon lawyers per jurisdiction who will do goon lawyering for reduced fee or something. Or like a $50 for 30 min session. That way goon lawyers can give good advice in a proper A/C relationship. Potentially runs afoul of your state bar advertising rules as well (depending on if your state bar has advertising rules).
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Oct 8, 2012 23:57
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I designed a new OP:    I'm not sure it's clear enough.
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Oct 9, 2012 00:09
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Need them numbered so we can simple post "1, 3, 4"
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Oct 9, 2012 00:14
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I don't know why you would want goon clients anyway. This thread is a mix between the extremes of the people who kinda need to talk something over with a relevant expert but don't need to lawyer up, and the people who are the worst kind of E/N letting-a-situation-get-just-to-the-point-of-irredeemable-and-only-then-asking-for-advice-and-then-ignoring-that-advice.
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Oct 9, 2012 00:19
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Alchenar posted:I don't know why you would want goon clients anyway. This thread is a mix between the extremes of the people who kinda need to talk something over with a relevant expert but don't need to lawyer up, and the people who are the worst kind of E/N letting-a-situation-get-just-to-the-point-of-irredeemable-and-only-then-asking-for-advice-and-then-ignoring-that-advice. I'm assuming most of us are lawyers because we thrive on pain and thus the second category is appealing to us.
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Oct 9, 2012 00:20
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Soylent Pudding posted:I'm assuming most of us are lawyers because we thrive on pain and thus the second category is appealing to us. It's always fun when someone makes a big post about their problem and just happens to casually mention something a bit odd and then adds something along the line of 'but that's not important and I don't want to talk about it'.
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Oct 9, 2012 00:27
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Because goons are like terrible Masons. I'd feel better hiring a goon lawyer, but the second you make me stop and think about it I'll have to admit that there's no concrete reason for that, and in fact it would probably be counterproductive (no offense).
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Oct 9, 2012 03:35
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Alchenar posted:That also runs afoul of my 'why on earth would I do that' rule. In the past week I've used a certain analogy twice. I feel like I, the lawyer, am surrounded by people sinking into quicksand. The moment you extend a hand to help, they tug as hard as they can and are willing to drag you in with them if they have to in order to stay afloat. Alchenar posted:It's always fun when someone makes a big post about their problem and just happens to casually mention something a bit odd and then adds something along the line of 'but that's not important and I don't want to talk about it'. Runaktla fucked around with this message at 06:00 on Oct 9, 2012 |
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Oct 9, 2012 05:52
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I was just thinking out loud. It is probably a bad idea for the reasons stated. I would just love to tell some posters they are full of poo poo and have no case, but can't. That hurts me.
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Oct 9, 2012 16:55
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euphronius posted:I was just thinking out loud. It is probably a bad idea for the reasons stated. I would just love to tell some posters they are full of poo poo and have no case, but can't. That hurts me. The only reason it hurts is they won't actually pay $50 to hear it 
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Oct 9, 2012 18:29
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