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Motronic
Nov 6, 2009

EwokEntourage posted:

you should probably announce it. I think people used to hang their hands out the window when they pulled over, but I'm basing that on what a high school teacher told me while drinking "apple juice"

Whether you have to disclose or not is a VERY state by state thing.

If you don't have to go anywhere near it or open a compartment it is in my cop friends say don't disclose. Unless and until you have been asked the leave the vehicle.

If you have to disclose leave your hands visible and on the wheel, wait for instructions. I did this once. Cop is like "are you gonna shoot me with it?" And I'm like "what the HELL? No!" and he just starts laughing and is like "then it's fine. I just need your license and registration." But your mileage may vary.

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EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.
re-writing my will to have my tombstone state "Whether you have to disclose or not is a VERY state by state thing" after i get gunned down by the cops

pseudanonymous
Aug 30, 2008

When you make the second entry and the debits and credits balance, and you blow them to hell.

Volmarias posted:

Was about to post this. Again, if you're white, it's alright. If you're black, it's gonna be whack.

If you disclose they'll shoot you for having it, if you don't they'll make you leave the vehicle then claim you were reaching for it when they find it.

Bad Munki
Nov 4, 2008

We're all mad here.


And if you don’t have it at all, no sweat, they brought a spare from the evidence locker you can borrow

Soricidus
Oct 21, 2010
freedom-hating statist shill
see, this is why second amendment rights are so important. maybe castile would be alive today if he’d had a gun :fsmug:

bird with big dick
Oct 21, 2015

What are some good questions to ask when interviewing personal injury lawyers?

The one guy I’ve talked to so far kept talking about negotiating pricing with hospitals and insurance companies and never once mentioned the possible need to go after personal assets of someone even after I gave him an opening to do so (he responded by talking about umbrella policies).

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



bird with big dick posted:

What are some good questions to ask when interviewing personal injury lawyers?

The one guy I’ve talked to so far kept talking about negotiating pricing with hospitals and insurance companies and never once mentioned the possible need to go after personal assets of someone even after I gave him an opening to do so (he responded by talking about umbrella policies).

Because you rarely are ever going to go after someone’s personal assets. If someone has assets worth pursuing, they’re going to be insured to an amount that covers your losses.

Alchenar
Apr 9, 2008

Mr. Nice! posted:

Because you rarely are ever going to go after someone’s personal assets. If someone has assets worth pursuing, they’re going to be insured to an amount that covers your losses.

Yes. You are not selling someone's TV to pay 0.01% of a hospital bill. You are either going after insurance or it's not worth doing.

Nonexistence
Jan 6, 2014

bird with big dick posted:

What are some good questions to ask when interviewing personal injury lawyers?

The one guy I’ve talked to so far kept talking about negotiating pricing with hospitals and insurance companies and never once mentioned the possible need to go after personal assets of someone even after I gave him an opening to do so (he responded by talking about umbrella policies).

Honestly just read their reviews. A credible history of satisfied clients is the best indicator.

Ask if they litigate if a case can't be settled or refer out for litigation. You only want the former.

Nonexistence fucked around with this message at 14:05 on Aug 18, 2020

bird with big dick
Oct 21, 2015

Mr. Nice! posted:

Because you rarely are ever going to go after someone’s personal assets. If someone has assets worth pursuing, they’re going to be insured to an amount that covers your losses.

I am worried that that is very much not the case in my current situation.

Nonexistence
Jan 6, 2014

bird with big dick posted:

I am worried that that is very much not the case in my current situation.

Was this a car accident? If so you should have under/uninsured motorist coverage that could pay. Your rates won't increase if the accident wasn't your fault.

Organza Quiz
Nov 7, 2009


bird with big dick posted:

I am worried that that is very much not the case in my current situation.

Did you say this to the lawyer rather than playing mindgames and hoping they give you the specific answer you want to a broad question?

bird with big dick
Oct 21, 2015

Nonexistence posted:

Was this a car accident? If so you should have under/uninsured motorist coverage that could pay. Your rates won't increase if the accident wasn't your fault.

I do but the limits are not going to come close to covering everything.

Organza Quiz posted:

Did you say this to the lawyer rather than playing mindgames and hoping they give you the specific answer you want to a broad question?

At the time I wasn’t as concerned about it as I am now after some additional facts have come to light. Mr Nices comment explains it. Next time I talk to someone I’ll mention my specific concerns.

Nonexistence
Jan 6, 2014
That's a rough spot to be in. Whatever happens here, just remember the difference between a state minimum UIM policy and a million dollar policy is usually like $200/year and may make the difference between destitution or making several hundred thousand in the case of catastrophic injury. Hope this never happens again, but be prepared.

bird with big dick
Oct 21, 2015

Organza Quiz posted:

Did you say this to the lawyer rather than playing mindgames and hoping they give you the specific answer you want to a broad question?

I also was in no way playing mind games and the “broad question” was “what if his auto insurance sucks can we go after him personally” so feel free to just not respond to my posts in the future please.

euphronius
Feb 18, 2009

bird with big dick posted:

What are some good questions to ask when interviewing personal injury lawyers?

The one guy I’ve talked to so far kept talking about negotiating pricing with hospitals and insurance companies and never once mentioned the possible need to go after personal assets of someone even after I gave him an opening to do so (he responded by talking about umbrella policies).

Be on the look out for alcoholism

euphronius
Feb 18, 2009

bird with big dick posted:

I also was in no way playing mind games and the “broad question” was “what if his auto insurance sucks can we go after him personally” so feel free to just not respond to my posts in the future please.

As far as I can tell (I wasn’t there) You may have asked a dumb question and the lawyer politely ignored you

The laws of your state may make attempts at personal judgments utterly quixotic

euphronius
Feb 18, 2009

The purpose of the interview wasn’t for the lawyer to educate you on the fine points of his craft but for him to size you up and examine your claim to see if it would be worth having you as a client

You are not interviewing the attorney in other words

bird with big dick
Oct 21, 2015

euphronius posted:

You are not interviewing the attorney in other words

Yes, I am.

euphronius
Feb 18, 2009

Oh I see. Great good luck handling your case.


Seems like an auspicious start

Leperflesh
May 17, 2007

the first consult with a lawyer is them interviewing you, to decide if your case is worth their time, even though you thought you were interviewing them, to decide if you were going to hire them. Of course it's both, obviously, but the lawyer in the thread is trying to make a particular point, but has made it so many hundreds of times before in this thread that they just can't bring themselves to type it all out again, which is that: no you're not special, no your situation is not special, your lawyer is the one you should be asking these questions of, and to the extent you ignore your lawyer's advice or "disagree with them" you are probably making a big mistake

ianal

and you probably won't win the enormous settlement you're hoping for, and if it comes to negotiating a settlement, your lawyer is probably going to tell you to just take whatever is within the other party's policy coverage, because it'll cost you years and years plus vast sums of money to try to get any more than that and you probably won't get it anyway, but that's probably not what you want to hear
but maybe your situation is very unusual and special, but you've given not the slightest hint of evidence of that, just an oblique suggestion that it might be, and until you actually give details (which you probably shouldn't do), nobody is going to just accept your idea that it might be worth it to go after personal assets, and it's not them being mean to you that's just based on their experience with these things.

here's the secret, the legal questions thread exists more for the amusement of the lawyers than for the help of goons, because the advice is always "hire a lawyer and ask them these questions and also don't post this poo poo on the internet, you moron"

Javid
Oct 21, 2004

:jpmf:
the guys who won't listen make for the most entertaining pages itt, so go for it imo

Kalman
Jan 17, 2010

Leperflesh posted:

here's the secret, the legal questions thread exists more for the amusement of the lawyers than for the help of goons, because the advice is always "hire a lawyer and ask them these questions and also don't post this poo poo on the internet, you moron"

I mean, sometimes we tell them what type of lawyer to look for. And sometimes we tell them “jfc don’t try to make spoons into a lawsuit.”

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Kalman posted:

And sometimes we tell them “jfc don’t try to make spoons into a lawsuit.”

SPOON MAN

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
And sometimes I effort-post about obscure property law to an audience of Zero.

Leperflesh
May 17, 2007

blarzgh posted:

And sometimes I effort-post about obscure property law to an audience of Zero.

this is pretty much the reason I'm still in the thread so you have at least one rapt reader

speaking of which,

millions of american homes are now months behind on their mortgages, but banks so far have not been foreclosing, either because of local/state/federal rules prohibiting it, or because they don't want to trigger a housing market collapse/crisis that would crush the book value of their mortgage holdings

what if, hypothetically, a bunch of banks just... never foreclosed on delinquent mortgages, for years? Would there ever be some point where the occupant/title holder/debtor could say "welp this debt is effectively forgiven because the lender has never bothered to try to collect on it" and now they just own the home outright? Or, can the bank show up any arbitrary point in the future and demand payment per the original terms?

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Why do you think your UM coverage won’t be enough? Is the other driver uninsured, like no insurance at all? Do you know how time consuming and possibly futile it is to chase after the assets of people with no insurance?

Any lawyer worth hiring will tell you get the insurance money and then let it go. The ones desperate enough to take a case on contingency to chase after some trailer home aren’t worth hiring, and will probably flake out eventually anyway.

Also, buy more UM coverage. At least you have some, but really. It’s the easiest way to make sure you don’t get shafted through no fault of your own.

bird with big dick
Oct 21, 2015

Some posters probably have cases involving extremely negligent people causing extremely grievous injuries caught on extremely clear 1080p camera. It seems silly to treat every poster as if they're some loser person with a loser life and a loser case.

bird with big dick
Oct 21, 2015

Phil Moscowitz posted:

Why do you think your UM coverage won’t be enough?

Because it's only 100 grand.

quote:

Is the other driver uninsured, like no insurance at all?

I don't know for sure at this point but guessing only 50 or 100 grand.

quote:

The ones desperate enough to take a case on contingency to chase after some trailer home aren’t worth hiring, and will probably flake out eventually anyway.

You guys know about libertarians right like there are some people out there that may tend towards minimal insurance that still may have sizable assets.

quote:

Also, buy more UM coverage. At least you have some, but really. It’s the easiest way to make sure you don’t get shafted through no fault of your own.

That, I am absolutely going to do.

Kalman
Jan 17, 2010

bird with big dick posted:

Some posters probably have cases involving extremely negligent people causing extremely grievous injuries caught on extremely clear 1080p camera. It seems silly to treat every poster as if they're some loser person with a loser life and a loser case.

Were the grievous injuries caused by wrestling with a student as a staff member?

Asking for a friend.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Is it a libertarian thing to not enter into private contracts in order to shift risk? I had no idea.

bird with big dick
Oct 21, 2015

I mean, yeah, kinda.

Leperflesh
May 17, 2007

Phil Moscowitz posted:

Is it a libertarian thing to not enter into private contracts in order to shift risk? I had no idea.

as a rule, libertarians are using political ideology to justify their predetermined idiotic/assholish behavior, so yes absolutely

pick literally any antisocial or stupid behavior and there is some libertarian subforum out there with people congratulating themselves on how the austrian school of economics obviously leads directly to doing this thing and anyone who thinks otherwise is trying to steal their freedom

e. in this case, the state says you have to have insurance, and the state is always wrong to force people to do things (WITH GUNS!!!) so therefore insurance is wrong

Hoshi
Jan 20, 2013

:wrongcity:
Well yeah laws are threats

Devor
Nov 30, 2004
Lurking more.

Leperflesh posted:

what if, hypothetically, a bunch of banks just... never foreclosed on delinquent mortgages, for years? Would there ever be some point where the occupant/title holder/debtor could say "welp this debt is effectively forgiven because the lender has never bothered to try to collect on it" and now they just own the home outright? Or, can the bank show up any arbitrary point in the future and demand payment per the original terms?

This is kind of interesting case law for Maryland

https://casetext.com/case/cunningham-v-davidoff-1

From a citing opinion written in 2020:

quote:

Green's claim that Appellees could not enforce the Note because the statute of limitations had run fails as a matter of law. As a claim in equity, a foreclosure action is not subject to the standard statute of limitations, which applies to actions at law. See Cunningham v. Davidoff, 53 A.2d 777, 781 (Md. 1947) (applying a rebuttable presumption of payment after 20 years, but no statute of limitations, in mortgage foreclosures); see also Gibbs v. Nadel, No. 72 Sept. Term 2018, 2019 WL 1451314, at *1 (Md. Ct. Spec. App. Apr. 1, 2019) (per curiam) (citing Cunningham for the rule that "there is no Statute of Limitations in Maryland applicable to the foreclosure of mortgages").

So although the doctrine of laches can be applied in equity claims, it probably depends on the state if it's permissible for unpaid mortgages.

In Maryland, showing that you haven't paid the mortgage for 20 years creates a rebuttable presumption that your mortgage was paid off.

Nonexistence
Jan 6, 2014
The real issue with pursuing personal assets is if you have damages big enough to be worth pursuing, they'll just declare bankruptcy.

You can always hire a private investigator to search for assets and tell the attorney you'll do it for an hourly fee rather than contingency, shifting the risk onto yourself to "put your money where your mouth is" will make it more likely for a plaintiff's attorney to feel comfortable doing something they normally would never consider.

Nonexistence fucked around with this message at 00:40 on Aug 19, 2020

Motronic
Nov 6, 2009

Nonexistence posted:

The real issue with pursuing personal assets is if you have damages big enough to be worth pursuing, they'll just declare bankruptcy.

Let's be real: how many people in these positions have any assets to even go after to begin with.

Blood from a stone, etc.

Dik Hz
Feb 22, 2004

Fun with Science

bird with big dick posted:

You guys know about libertarians right like there are some people out there that may tend towards minimal insurance that still may have sizable assets.
Those also tend to be the types of people that would rather spend some or all of that money on lawyers rather than giving it to you.

Nonexistence
Jan 6, 2014

Motronic posted:

Let's be real: how many people in these positions have any assets to even go after to begin with.

Blood from a stone, etc.

Yeah of course, but I want people to keep posting their questions here, so I'm not in the "shout people down for asking consumer questions" camp

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Devor
Nov 30, 2004
Lurking more.

Motronic posted:

Let's be real: how many people in these positions have any assets to even go after to begin with.

Blood from a stone, etc.

The only reason lawyers talk to us is because we are required by law to have a contract with a guy whose job is to have $100k in his pocket

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