Car/Motorcycle Trade Deal Falls Apart. Now What?

Question: Do I have a case to get damages for a faulty business deal? 
Question Detail: My boyfriend made an even exchange of his 07 motorcycle for a 00 Lincoln ls, which he in turn gave to me. He had to file for lost title but they still wanted to trade that day. A written/dated/signed agreement was created which stated the man would keep title to his Lincoln until the motorcycle title came in the mail, at that point the vehicles were exchanged and we took possession of the Lincoln. In the span of four days after the trade I sold my current vehicle, applied for a loan to repay my boyfriend for my new vehicle and transferred full coverage insurance for the vehicle as well. On the fourth day via text message the man said he was backing out of the agreement and no longer wanted to trade. We disputed this claim stating the vehicles have already been switched and he has signed an agreement to exchange titles when the motorcycle title came in the mail. The man refused to continue with the agreement he had signed and in turn dropped the motorcycle off at our residence and demanded keys back for his Lincoln or he would report it stolen, we refused. Later on the fourth night the police show up at my residence stating a man wanted his vehicle back, we explained the situation and the officers said they would stay out of this dispute because it is a civil matter. While the officers were still at our residence the man was dropped off at our driveway got into the Lincoln and zoomed away. The officers were very upset and expressed their dislike for the way the business was handled by this individual, both suggested we seek damages due to this deal and said they would make a report of the incident. I am now left with no car, a lean and full coverage insurance on a vehicle that was taken from me. We have no way to get to work or take the children to school without the other having to miss work. I don't know what to do. Seeking distress/damages for this faulty business deal is what I am hoping for, but will we have a case when all we have is a handwritten signed contra

Answer:  Trading property with titles, like motorcycles and cars, requires attention to detail.  As usual, Small Claims Court is your only chance.  Keep copies of whatever proof you have and let the judge try and sort it out. 

What Should I Do If I Fall At My Hotel?

Question: Is insurance or the company responsible for injuries sustained on their property and why?  I was walking outside on the grounds of the hotel and there was a piece of the sidewalk and pipe that was cracked. I tripped on it and injured my knee, ankles and arms. I had to have medical attention to both areas and have permanent scarring and am going through physical therapy because of my ankle break. Can I get compensation from the hotel or will insurance take care of it? Are they liable for this incident? If so, how do I file my claim?



Answer: The insurance will pretend to be taking care of you at first. But eventually they will say you were at fault because you didn't step over the crack.  Without photos, you have no chance of making a case you could take to court.  Even with photos, the time of day, weather conditions, drugs or alcohol. all are factors. Why did you fall?  Do you have witnesses?

The fact you fell is not enough to prove the hotel violated a safety rule.  What did they do or fail to do that justifies blaming them?

Can a store ask a customer to leave because they handed out religious information?

Question: Can a store ask a customer to leave because they handed out religious information?

Answer:  If the store uniformly prohibits all solicitation or public demonstrations, then yes.  Religious information has no more protection than any other pamphleteer.  There are exceptions but no one is allowed to foist themselves upon others, for any reason, including religion.

Insurance Company Won't Pay Full Cost To Repair

Question Detail: How can I get my car fully restored with the insurance paying this for me? I was not at fault. The insurance company tried to give me drastically less than what it will cost me to fix my car.

Answer:  In Montana, a party has the right to choose the repair shop.  Call the Montana Insurance Commissioner 1-800-332-6148 and complain that the insurance company is violating the law.  They usually can get the complaint resolved. 

Medical Release To Insurance Company

Question Detail: Should we give the insurance company access to hospital information by signing a medical release? We have a claim with our neighbor's insurance because our son was hurt when he was on their property. What would be wise?



Answer:  It depends on the seriousness of the injury.  If it will cause permanent injury and future medical treatment, then decline any recorded statement or release and contact an attorney.  If it is a minor injury, sign the release, then verify the bills have been paid so they don't get turned over to collection.  Refusal to sign the release will give them a legal reason to not do anything until they get information.  You could get all the bills and records and then submit them, but that is a lot of work if the injury is small.

Could I Sue My Insurance Company For Not Investigating?

Question Detail: Can I sue my insurance company for not doing an investigation concerning my accident but solely paying the other side based on a police report? It has already been admitted that they did not do one. I would like to find an attorney to do so if I can.




Answer:  No.  For their own business reasons, they often pay claims rather that pay for investigation which is often very expensive and can expose them to much greater liability if it turns out your understanding of the event or other evidence is wrong.  Why do you care?  If your premium goes up, go to an insurance BROKER not a captive agent(State Farm) who can shop for you.  Your premium won't change most of the time.  They want their money back through future premiums unless they don't like you as a risk now.  It's all about numbers.  Nothing personal about the insurance business.

Restaurant Slip and Fall Injury

Question: Can I do something after being hurt because I slipped and fell leaving a restaurant?
Question Detail: I rushed to urgent care in mobile and the doctor told me my left leg is broken and I am getting x-rays done after slipping and falling at a restaurant. My wrist is also in great pain as well, and needs x-rays as well. It was rainy, but there was no slippery floor sign and several other people fell in the same spot that I did. It happened yesterday.



Answer:  Without pictures to show the actual condition, it will be difficult to overcome the defense that you weren't watching where you were walking.  What caused the floor to be slippery?

Question: How should I deal with my car accident settlement and repayment of Medicare?
Question Detail: I recently came to a settlement in a personal injury case (no-fault car accident). My Medicare benefits paid 2 out of my 3 medical bills related to the claim. I know that I have to pay the 3rd bill in full but I don't know what needs to be paid out of the settlement with regards to the other 2 bills. Do I repay Medicare for the amount that they paid to the doctors (80% of their approved amount) or do I have to notify Medicare and pay the doctors' bills in full (what would have been due without Medicare minus the 20% Medicare approved amount I already paid)? There are no Medicare liens (as far as I know and I think I would know if there were). I just don't want to jeopardize my future benefits by handling this wrong.

Answer:  You definitely need an experienced attorney to sort this out.  You should gather all the medical bills paid by Medicare.  That is the starting point.  Depending on the size of the settlement, you may owe very little now or in the future.