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bird with big dick posted:I wonder if he's just talking about property damage. Doesn't matter whether it's personal injury or property damage - you're not typically going to be allowed to double dip unless you have some sort of exception such as uninsured/underinsured motorist coverage and excess liability above the at fault policy limits. e: in some jurisdictions, double dipping auto claims, as OP has said he did, is unlawful as it is a form of fraud. Mr. Nice! fucked around with this message at 14:34 on Mar 25, 2022 |
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Mar 25, 2022 14:31
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Mr. Nice! posted:Doesn't matter whether it's personal injury or property damage I’m not saying it does it was just an observation.
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Mar 25, 2022 15:04
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Though I doubt a lawyer, local or otherwise, really wants to help him with his property damage claims. Unless you were talking about defending him from his impending criminal fraud charges I guess.
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Mar 25, 2022 15:07
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Gotcha. My point is that the OP is going to have to pay back his insurance company. They may be assholes (all insurance companies are), but they aren’t wrong based upon what he posted.
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Mar 25, 2022 15:08
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bird with big dick posted:Though I doubt a lawyer, local or otherwise, really wants to help him with his property damage claims. Unless you were talking about defending him from his impending criminal fraud charges I guess. Sometimes lawyers handling PI claims will sort out the property claim gratis. I have helped numerous people with their property claims. Property claims, though, are usually pretty simple and don’t typically require a lawyer. If they drag on long enough people might miss out on loss of use recovery, but that still isn’t much.
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Mar 25, 2022 15:11
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bird with big dick posted:In my accident my own collision paid for my truck (because his ran into policy limits) but the other guy's policy paid my deductible and also paid for my other property damage (camera, cell phone, etc) and also paid (somewhat) for the aftermarket modifications on my truck since I didn't have that additional coverage on my own policy. What kind of truck does BWBD drive? I'm guessing either a sensible 98 Mazda pickup or a jacked up F450 with oversize tires and a La Cucarcha horn.
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Mar 25, 2022 15:50
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Mr. Nice! posted:Doesn't matter whether it's personal injury or property damage - you're not typically going to be allowed to double dip unless you have some sort of exception such as uninsured/underinsured motorist coverage and excess liability above the at fault policy limits.
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Mar 25, 2022 17:48
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What if your own insurance company offered you a settlement, e.g, you don't exactly agree you're being made whole but you decide to accept a lower amount than you want rather than fight/litigate; and then the other party sends you a check that still fits under what you felt you were owed? Does your agreement with your own insurer to accept their check as "everything they owe me" also cover the other party's insurer, basically?
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Mar 25, 2022 17:53
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It probably includes a clause that your insurance company is going to collect things from the other party's insurance company without your further input
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Mar 25, 2022 18:04
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Leperflesh posted:What if your own insurance company offered you a settlement, e.g, you don't exactly agree you're being made whole but you decide to accept a lower amount than you want rather than fight/litigate; and then the other party sends you a check that still fits under what you felt you were owed? Does your agreement with your own insurer to accept their check as "everything they owe me" also cover the other party's insurer, basically? It doesn’t matter what you “feel” you’re owed. You cannot collect twice for the same injury (property damage is an injury in this context) in most circumstances. When you file a claim with your insurance co. and the other party is at fault, they’re then going to collect 100% of what they paid you plus deductible from the other insurance co. and refund you the deductible once it has been recovered. When your insurance makes that claim and the other insurance co. says “we already paid the claimant X,” they will then turn around and ask for their money back.
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Mar 25, 2022 18:15
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OK I guess I'm talking about exactly what the language is in the documents they require you to sign when you accept a settlement offer that is lower than your policy limit. If it's along the lines of "I agree this makes me whole" that's different from "I agree to release my insurer from any further liability and claims for this incident"?
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Mar 25, 2022 18:45
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Release language is going to vary depending on jurisdiction, but once you agree to the release and get paid you generally cannot collect again on the underlying injury. If you want the specifics for your jurisdiction, you need to talk to a local attorney.
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Mar 25, 2022 19:01
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DaveSauce posted:Not a lawyer, but did you file claims with both insurances?? Typically when you file with your own insurance, they'll pay you and then subrogate to get paid directly from the at-fault party/insurance... so it's surprising that the other insurance company paid you directly to begin with, I'd have assumed your insurance would be on their rear end for payment. I only filed with my company and then the other company called to determine that the other driver was at fault and then they both paid out directly to me. All I did was follow directions so I’m kind of peeved this was a mistake that’s only now being addressed half a year later. But it sounds like both companies never bothered to communicate with each other and now I have to fix it.
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Mar 25, 2022 19:13
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Outrail posted:What kind of truck does BWBD drive? I'm guessing either a sensible 98 Mazda pickup or a jacked up F450 with oversize tires and a La Cucarcha horn. I'ma say he drives a 03 Chevy S-10, but is on the waitlist for a Tesla Truck.
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Mar 25, 2022 21:05
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Outrail posted:What kind of truck does BWBD drive? I'm guessing either a sensible 98 Mazda pickup or a jacked up F450 with oversize tires and a La Cucarcha horn. Pretty close to the latter, but it's just a 150 not a 450. The lift was one of the big problems I had with the insurance company. This is a 4" lift kit:  And this is also a 4" lift kit:  And they wanted to pay out for the former when what I had was the latter.
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Mar 25, 2022 22:01
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The problem with how insurance works is that consider being "made whole" exclusively through the lens of current value instead of what it should be, which is to literally get you back to what you actually had, or as close as possible. The difference between the two is illustrated by the insurance company saying that the custom $10,000 anime mural you had airbrushed on the side of your truck was worth $0 when what they obviously should do is pay you market value for the truck and then pay you an additional $10,000 so you can have the mural reapplied. That is making you whole.
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Mar 25, 2022 22:11
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How many hours install is the big one ?
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Mar 25, 2022 22:11
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The never agreed to insure an anime airbrush
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Mar 25, 2022 22:12
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I never agreed to be rear ended at a stop light. I wouldn't have a problem with it if it were just my insurance or if I was at fault in the accident. 11 hours total install including mounting and balancing the wheels/tires and an hour for an alignment.
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Mar 25, 2022 22:25
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Do I need to get my anime airbrush appraised, or can I just name my price on a Agreed Value policy?
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Mar 25, 2022 22:53
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bird with big dick posted:I never agreed to be rear ended at a stop light. I wouldn't have a problem with it if it were just my insurance or if I was at fault in the accident. Lifted truck and big dick are mutually exclusive 
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Mar 25, 2022 22:59
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it's a big dick for a bird, these things are relative And you can declare the value of your sick aftermarket custom add ons and thereby make them be insured with an appropriate policy, or, you can assume that somehow your $10k of parts and labor you "invested" in your truck is covered without raising your premium even one dollar by not telling your insurer what you did and then when your car is totaled you can find out your assumption was incorrect. e. as far as the other guy's insurance is concerned, though, yeah that poo poo matters, and appraisals ideally should account for it. I guess.
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Mar 25, 2022 23:07
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D34THROW posted:Lifted truck and big dick are mutually exclusive It’s a transcription error, was supposed to be Big Dick With Bird
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Mar 25, 2022 23:08
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D34THROW posted:Lifted truck and big dick are mutually exclusive  https://i.imgur.com/5io3fph.jpg
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Mar 25, 2022 23:25
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Bird with big lifts
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Mar 26, 2022 00:41
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bird with big dick posted:The problem with how insurance works is that consider being "made whole" exclusively through the lens of current value instead of what it should be, which is to literally get you back to what you actually had, or as close as possible. What you're describing is actual cash value versus replacement value and the insurance you buy should state which of the two it is. I know on home owners insurance you have a choice between the two, I don't recall if you can choose for auto insurance. Replacement value results in a more expensive policy so it wouldn't surprise me if most people don't choose it assuming it's an option.
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Mar 26, 2022 01:20
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First time poster in this thread, but hopefully I can get some general advice as to whether I should try to locate a local employment/labor lawyer for further consultation or if it is not worth it. My wife and I live in Texas. She and I both work in the semiconductor industry, although she is a project manager and I'm an engineer. We've both been employed in this industry for 11-12 years at this point. She had been looking for a change of scenery and potentially better pay and work life balance from her previous employer. My current employer had some open positions for project managers, and I forwarded her resume to the hiring manager on January 25, 2022. To make a long story short, she aced the interviews, and they fast tracked her for an offer. The offer was substantially higher than what she was making at her current employer-- nearly a 50% bump in base salary and a hiring bonus that would vest over 3 years that exceeded the value of the number of RSUs that would vest this year, in April, from her current employer. The offer letter was written and provided to her in mid February 2022, and I think she signed it around February 18-21. Her agreed upon start date was March 28 to coincide with starting before their next financial year. For whatever reason starting before April gave the hiring manager and HR the ability to offer her several hundred more RSUs. She put in her two weeks notice with her current employer and resigned on March 8. On Thursday evening, March 24th, at 6:30 PM, she got a phone call while we were out from HR that said, in short, "Because of some upcoming layoffs, we have to retract the job." Effectively, don't come in on Monday. Obviously, this was very upsetting for her. They told her that they will pay her 1 month's salary, and facilitate transferring her onto my insurance since they are aware that we are married. However, this really doesn't feel like adequate or substantial compensation for how much they have harmed or misled her. In part, she resigned from a job that she was in no way in jeopardy of losing, and she forfeited a lot of RSU that would be vesting over the coming years. Had she stayed at her current employer through May I believe she would've vested $20-30,000 of RSUs. So, now she is back on the job hunt. Fortunately, we are financially okay to weather this setback, but I'm pretty furious at my employer. I reached out to some managers and directors of my organization asking if they were aware of any other organizations in the company that might have an opening for her. I received some sympathetic words and offers of putting in referrals for her at other companies in our city, but they said that the layoffs were not affecting our engineering organization, but the project management and operations teams were being impacted. She has quickly gotten phone interviews with one company, and management at her old company has expressed desire to bring her back-- but the reason she left her old job was partly due to her management chain, being overworked, and the company refusing to hire additional employees or interns to assist her. So returning to that company is not necessarily desirable unless they will agree to support her. Regarding seeking some legal advice or action: It sounds like the concept of "promissory estoppel" is recognized in Texas and would be the most applicable to our situation. My concerns are: 1) There could be some risk of retaliation towards me because HR is aware that I am the spouse of the affected party; 2) that there could be some retaliation towards her in the future, such as being blacklisted or branded as "litigious". I don't believe that my direct managers would necessarily hold any grudge against me, and our Code of Conduct claims that retaliation is not permitted-- but this is a small enough industry in our city that everyone knows each other and it may not be worth risking some threat to both of our careers. I think that's all of the details of the situation. HR has not followed up with us, as of Monday the 28th regarding transfer of that 1 month payment to her, nor have they contacted me to confirm she will be added to my insurance to avoid some gap in coverage. In the back of my head I have wondered if accepting that money would be interpreted as some kind of contract or agreement not to press for further compensation or legal action-- but my wife has already sent our bank information to them to eventually receive that payment.
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Mar 29, 2022 01:32
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It's always worth contacting an employment attorney to see if you have a case.
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Mar 29, 2022 01:37
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Mr. Nice! posted:It's always worth contacting an employment attorney to see if you have a case. Neither of us have ever needed a lawyer. How do you go about locating a decent one? I found this Lawyer Referral Service, but I'm not sure if this is the "best" way to go about it: https://austinlrs.com/
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Mar 29, 2022 02:08
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the fact that they're offering to pay her anything means they know they've hosed up in some way, as she was never even an employee. Seems worth looking into, if only to pry s slightly larger settlement out of them
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Mar 29, 2022 04:55
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as a starting point, you should go read exactly what the offer letter said. that said, while it's definitely worth getting a free consult, my guess is that you have a number of RSUs that might vest in the next few years as well that are very valuable (given you both work at the same company for the same amount of time) and you would not really want to ante up those by getting your wife to sue your current employer unless you've got one hell of a case, since i imagine they'd be lost as well if suddenly you were no longer a culture fit at your employer. without further delving into texas law my sense of a promissory estoppel claim when there is a specific document at issue laying out what is and is not being offered (the offer letter) which does or (more likely does not) contain a guarantee of employment for any length of time is...not great. Thesaurus posted:the fact that they're offering to pay her anything means they know they've hosed up in some way, as she was never even an employee. Seems worth looking into, if only to pry s slightly larger settlement out of them i mean, they definitely hosed up in a way that will hurt their recruiting in the future if what happened gets around even if what they did is 100% legal. i would think that reputational damage is their real concern.
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Mar 29, 2022 16:37
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MetaJew posted:Neither of us have ever needed a lawyer. How do you go about locating a decent one? You definitely want to confer with a local employment attorney and preserve everything your wife received or sent that was relevant to this job transfer. As far as finding a good employment attorney, you can either use your state bar referral service and request a consultation with employment attorneys until you find one thag feels like a good fit, or you can ask the richest person you know who there attorney is and ask that attorney for a recommendation. Either way you want to find someone that you are comfortable with. You should be able to get a consultation set up relatively soon and through that process should have a much clearer picture of what your options are.
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Mar 29, 2022 16:38
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Thanks for the feedback, y'all.evilweasel posted:as a starting point, you should go read exactly what the offer letter said. that said, while it's definitely worth getting a free consult, my guess is that you have a number of RSUs that might vest in the next few years as well that are very valuable (given you both work at the same company for the same amount of time) and you would not really want to ante up those by getting your wife to sue your current employer unless you've got one hell of a case, since i imagine they'd be lost as well if suddenly you were no longer a culture fit at your employer. I understand I was a bit vague on the name of employers, but also I'm not sure how wise it is to name names at this time? To try to simplify the story: Out of college we both worked at "Employer 1" (E1). In 2020, I was laid off from E1 right around the start of the US Pandemic and lockdowns. I managed to land a job at "Employer 2" (E2) that also gave me a substantial raise, but is not publicly traded-- so their compensation is entirely cash. Granted some portion of my compensation at E2 is treated sort of like RSUs in that these cash bonuses vest over 3-4 years and start to stack up, similar to RSU vesting structures. So, all of my RSUs at E1 were lost at the time of my layoff. My wife continued working for E1 up until March 8, about 1-2 months before her RSUs vesting in 2022 would be released to her. (For whatever reason RSUs vest over a few weeks and not all on the same day.) I had not looked at her brokerage account, but at the current share price of E1 she is missing out on $20-30,000 of income. Anyway, this is all to say that E2 really hosed us over, but yeah risking my employment for this, in an at-will employment state may not be the best idea. I'll keep asking around for labor lawyers and see if we can get some accurate legal advice. \/\/\/\/\/\/\/ Volmarias posted:Having a code of conduct that says "no retaliation" is like a sign in a restaurant that says "we promise not to spit in your food." It wasn't even a question before, but now you have to wonder why it's being spelled out specifically. I would not take it as a sign that they will not retaliate. Yeah well aware of that MetaJew fucked around with this message at 18:30 on Mar 29, 2022 |
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Mar 29, 2022 18:11
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quote:I don't believe that my direct managers would necessarily hold any grudge against me, and our Code of Conduct claims that retaliation is not permitted-- Having a code of conduct that says "no retaliation" is like a sign in a restaurant that says "we promise not to spit in your food." It wasn't even a question before, but now you have to wonder why it's being spelled out specifically. I would not take it as a sign that they will not retaliate.
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Mar 29, 2022 18:19
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MetaJew posted:I understand I was a bit vague on the name of employers, but also I'm not sure how wise it is to name names at this time? Definitely wasn't trying to get you to post more info. My feedback was (a) you have a document that says exactly what they promised/didn't promise you - the offer letter. read it, and i suspect it does not guarantee employment for any length of time and it is going to be the first (potentially only) thing a lawyer looking at your case will want to see (don't post it); and (b) think seriously about what the most in damages you think you're entitled to, then compare that to the downside if your firm is upset your wife threatened to sue them (and then, you gotta consider the downsides if you/her become thought of as litigious) but it sounds like you don't have your own rsus you could really lose, just your job itself. I am not a texas lawyer or an employment lawyer so you should not rely on my gut (or the gut of anyone but a potential texas employment lawyer who does things like read your offer letter) but my gut instinct is a promissory estoppel claim is very weak here, because it's generally a very weak claim that courts don't like in most contexts and will try to get rid of it unless the facts of the case are relatively extreme - because the way you get an enforceable promise is you make a contract. A court's instinct is that if you wanted guaranteed employment before you quit your job, you could have negotiated for it in a contract. evilweasel fucked around with this message at 18:37 on Mar 29, 2022 |
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Mar 29, 2022 18:35
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Looks like it’s time for a new thread at over 1000 pages lol! I have a question about inheritance and real estate. My boyfriend’s parents died within a short time of each other, his mother being the last to pass in August of 2018. They left a home and some money to be split between him and his sister. He has been living in the house, paying the mortgage, paying for everything any time something needs to be fixed. He hasn’t been paying her rent, but the mortgage is more than what rent would be for his half I would think. If he sold the house, would he be able to deduct all of the expenses in maintenance of the home and a portion of what he’s paid towards the mortgage or would it just still have to be straight down the middle? We are in Texas for reference. I have a second issue. He is still technically married, but he and his wife started living apart in 2015. His wife wanted the separation because she had decided she couldn’t live as a heterosexual any longer and wanted to explore her sexuality and relationships with women, but coming from a strong Catholic background, she didn’t want to lose relationships with family, so they agreed that they would just live separately and she could be with whomever she wanted and he could do as he pleased. I don’t think he ever thought he’d find love again. Anyways, if they divorced, would they split equity based off of when they separated or when the divorce was finalized? I should add that because she has worked first as a parole officer and then as a teacher that she had a significant pension, or should, from those jobs, which would be split as well. She also inherited property when either her dad or grandmother died, I don’t know for sure. Twosday fucked around with this message at 20:44 on Mar 29, 2022 |
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Mar 29, 2022 20:42
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Twosday posted:Looks like it’s time for a new thread at over 1000 pages lol! Ooh, I can answer these, and I don't even have a degree! Ahem, 'Ask a lawyer in your area.' There, I think I can pass the bar now.
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Mar 29, 2022 21:03
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Yeah these are very specific questions in which speaking to a probate and divorce lawyer in your area is a very good idea spending hundreds to save thousands etc.
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Mar 29, 2022 21:10
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IANAL, and this is not legal advice, but regardless of whether or not your wife decides to sure, now would be a great time to put yourself on cruise control at your job and start putting all of your real effort into trying to find another job. Your employer has shown you who they are, and you should believe them. It'll also be a lot easier for your wife to sue without worrying about retaliation if you're already working someplace else. Also, from a perky philosophical standpoint, I hope your wife takes them to the loving cleaners.
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Mar 30, 2022 00:04
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I also hope she gets their asses, but suing an employer (even if they were obviously in the wrong) can make it hard to stay employed. I know your wife left her old job because of the organization and not necessarily the pay, but if they were willing to match at least the base salary offer from your employer, it might be worth it to go back there just to stay employed. She can always keep looking and it's easier to get a job when you have a job. I can't remember if Texas employers can require you to share previous salary to determine your pay at a new employer, but there are still plenty of states where that's legal. A salary bump now will only help her future earning ability.
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