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daslog posted:Hypothetically speaking assume this scenario. Party A has 3 year old GMC pickup was parked at an event that 100 other people are also attending. Party B parks next to Party A and sets up one of those Pop-up tents. A strong wind gust then blows said hypothetical tent into Party A's truck. Party A and Party B have met before a couple times at other events, and Party B offers to compensate Party A if he can get an estimate from a Body shop. Party A agrees. Party A needs to check their insurance contract to see whether they're required to report any damage or incidents relating to the vehicle regardless of whether they are making a claim.
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May 16, 2021 12:13
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Alchenar posted:Party A needs to check their insurance contract to see whether they're required to report any damage or incidents relating to the vehicle regardless of whether they are making a claim. Thank you, Party A will hypothetically check. Now Lets assume that Party A got a hypothetical estimate and has learned that the repair of a hypothetical GMC Sierra Denali is 2700 dollars. Party B may hold a hypothetical Liability policy with the hypothetical insurance company Call Ballstate and his agent thinks that it will be covered under that policy. Party B said that Ball state will call Party A in a few days to arrange a hypothetical repair at said hypothetical body shop.
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May 17, 2021 19:47
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daslog posted:Thank you, Party A will hypothetically check. Allegedly
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May 17, 2021 19:52
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I feel honored that the thread is now named after my shopping cart analogy
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May 17, 2021 19:52
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daslog posted:Thank you, Party A will hypothetically check. Party A, who we will call Reff Jodgers, and party B, who we will call lasdog,
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May 17, 2021 20:49
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pseudanonymous posted:Allegedly Hearsay, non admissable
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May 17, 2021 21:24
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Nice piece of fish posted:I don't get it. Explain it to me using a shopping cart analogy. Hypothetically speaking assume this scenario. Party A has 3 year old shopping cart parked at an event that 100 other people are also attending...
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May 18, 2021 01:24
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Does a shopping cart meet the legal definition of a vehicle under US law? Hypothetically could you get out of a DUI charge if you could prove you were in a shopping trolley at the time?
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May 18, 2021 02:13
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Lobsterpillar posted:Does a shopping cart meet the legal definition of a vehicle under US law? The typical transportation code will define driving in some fashion as operating a motorized vehicle, which a shopping cart is not. If you're just pushing a shopping cart or riding a bike drunk down the highway, you'll get a public intox.
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May 18, 2021 02:44
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blarzgh posted:The typical transportation code will define driving in some fashion as operating a motorized vehicle, which a shopping cart is not. If you're just pushing a shopping cart or riding a bike drunk down the highway, you'll get a public intox. Not all codes specifically use motorized, and a DUI on a bicycle is possible in certain jurisdictions. For a really lazy 50 state survey: https://www.avvo.com/legal-guides/ugc/a-state-by-state-guide-to-biking-under-the-influence
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May 18, 2021 03:44
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Backstory: I have a hospital that sent a $22 medical claim against me to collections. I'm sharing the amount because I'm not super worried about it and it's not worth hiring a lawyer. The claim makes no sense and appears to be a mistake. They claim that I am being billed for having a doctor interpret an EKG at some hospital in Illinois back in 2019. I've never lived in Illinois and never had an EKG. They also have no records of any other bills or procedures for me in their system. (During one of my long talks with customer service, we came up with the plausible theory for why I'm in their system. This hospital had bought a smaller hospital that I had once visited in a different state and then lost my records in the 10 years since that community care clinic visit.) I originally received the bill last year, thought it looked weird, called them, and explained my situation. The person I spoke with eventually agreed that it sounded weird after trying to convince me that I might be going senile. They looked into it and told me that it appeared to be a mistake and that the charge would be removed. I called back a couple weeks later to make sure that they had taken care of it and was told not to worry about it. Fast forward to yesterday and I have a collections notice in my mailbox. I called the hospital and they said, "oh, we see that you called about this last year. looks like someone never followed through and cleared out the charge. we'll get right on that and contact the debt collection agency too." Based on my past experience, I have very little faith in this actually going through. Here's my plan of action, which I'm looking for critique on: 1. File debt dispute letter by certified mail with read return receipt and including a request to produce documentation that I am responsible for this debt. 2. re-contact hospital, request to speak to supervisor, get direct contact number so i don't have to keep going through waiting hell, request written verification that they have cleared the charge and contacted the debt collection agency to remove the collection 3. file complaint against hospital at official complaint line (should I file a complaint elsewhere as well?) 4. request copies of all records the hospital has for me 5. credit freeze Actual legal questions: My big ask-a-lawyer question is about point 4: is the hospital obligated to send me their internal records from billing and customer service if I send a request for my records. Would this include internal notes, which in my case should indicate how they agreed that the charge was a mistake and then didn't follow through on reversing it? I'm also curious about what level of documentation I could expect a debt collection agency to pull out for medical debt. Would it just be an itemized bill? And would they (or more importantly a court) consider that to be sufficient to claim that I was in fact responsible? Also, is there a way to ask them to positively verify the absence of things in my records? Like the supposed EKG report they want me to pay for? Do I say something like, "if no test results or ekg records exist, please include a statement indicating that fact"? fake edit: I didn't use a shopping cart and now I'm being told that I need to put a quarter into the release thingy two years later PuErhTeabag fucked around with this message at 06:55 on May 18, 2021 |
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May 18, 2021 06:42
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ulmont posted:Not all codes specifically use motorized, and a DUI on a bicycle is possible in certain jurisdictions. For a really lazy 50 state survey: https://www.avvo.com/legal-guides/ugc/a-state-by-state-guide-to-biking-under-the-influence What about on a horse? Because you can't get a (regular) DUI on a horse in Norway. E: what is a horse other than a 1(4?) horsepowered shopping cart
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May 18, 2021 06:51
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Nice piece of fish posted:Because you can't get a (regular) DUI on a horse in Norway. You can't stop there. We need to know exactly what kind of DUI you can get on a horse and if the horse also needs to be drunk.
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May 18, 2021 06:52
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Motronic posted:You can't stop there. We need to know exactly what kind of DUI you can get on a horse and if the horse also needs to be drunk. It's probably the same as a DUI will be in an autonomous vehicle.
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May 18, 2021 06:57
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Motronic posted:You can't stop there. We need to know exactly what kind of DUI you can get on a horse and if the horse also needs to be drunk. Well you can't get a DUI really because it's limited to motorized vehicles. There's a generalized "you are too inebriated, tired, comatose, having a seizure" etc statute that applies since horses are "vehicles", but that would require a certain amount of horsing around because you'd have to be visibly hosed up for the police to mosey on down and hold your horses. E: now ask me if a dog sled counts as a vehicle Nice piece of fish fucked around with this message at 07:36 on May 18, 2021 |
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May 18, 2021 07:33
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Nice piece of fish posted:Well you can't get a DUI really because it's limited to motorized vehicles. I'll bite. Does a dogsled count as a vehicle? And if not, why?
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May 18, 2021 07:44
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I have no loving idea, but you can't use horse presedence on it because unlike for horses other than leash laws there are no special rules for taking your dogs for a walk using a handy sled type contraption. Brb, gonna get shitfaced and try and see. Dogs can easily maintain biking speed so it's not obstructing traffic.
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May 18, 2021 07:48
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ulmont posted:Not all codes specifically use motorized, and a DUI on a bicycle is possible in certain jurisdictions. For a really lazy 50 state survey: https://www.avvo.com/legal-guides/ugc/a-state-by-state-guide-to-biking-under-the-influence A BUI in CA is technically a misdemeanor, so you get a jury (though only 6 jurors), but it is punishable by a fine only. I almost went to trial on one of those but then the DA dismissed everything but the infractions. gently caress.
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May 18, 2021 08:19
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Nice piece of fish posted:What about on a horse? Because you can't get a (regular) DUI on a horse in Norway. https://www.cnn.com/2019/09/18/us/amish-men-drinking-and-driving-trnd/index.html
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May 18, 2021 08:20
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PuErhTeabag posted:Backstory:
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May 18, 2021 13:48
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Dik Hz posted:IANAL, but we have a thread for this in BFC: Ask me about dealing with/suing/being sued by debt collectors! Cool, thanks for the pointer.
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May 18, 2021 13:51
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Nice piece of fish posted:
Does a dog sled count as a shopping cart?! That's the question.
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May 18, 2021 14:02
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That involves a cart. Before it was just the horse. Can't do that. Dismiss all charges.
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May 18, 2021 17:44
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If, hypothetically, a dog sled is a vehicle for DUI purposes, is the fact that I have no idea how to tell the dogs to do anything in particular a workable defense that even if I was standing on it while drunk, I wasn't 'operating' it?
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May 18, 2021 18:42
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Foxfire_ posted:If, hypothetically, a dog sled is a vehicle for DUI purposes, is the fact that I have no idea how to tell the dogs to do anything in particular a workable defense that even if I was standing on it while drunk, I wasn't 'operating' it? Not really. You'll still be guilty of attempt at the point of origin, even impossible attempt if you can't drive a dog sled at all. That comes in addition to reckless endangerment stuff, negligently posing a traffic hazard etc. There's a lot of ways to skin a cat, it's just that DUI is the big sledgehammer you want to avoid.
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May 18, 2021 18:50
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Hey goons. If my lawyer told the press that I was “loving retarded” and a “short-bus [person],” should I sue for defamation or hope that works as a defense?
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May 18, 2021 18:53
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Mr. Nice! posted:Hey goons. If my lawyer told the press that I was “loving retarded” and a “short-bus [person],” should I sue for defamation or hope that works as a defense? Depends on the accuracy of the statement. In your case no.
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May 18, 2021 18:55
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My state statute specifies "motor" vehicles. No DUI for horse-drawn carriages.
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May 18, 2021 18:56
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Mr. Nice! posted:Hey goons. If my lawyer told the press that I was “loving retarded” and a “short-bus [person],” should I sue for defamation or hope that works as a defense? What are your damages
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May 18, 2021 18:56
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Mr. Nice! posted:Hey goons. If my lawyer told the press that I was “loving retarded” and a “short-bus [person],” should I sue for defamation or hope that works as a defense? I amend my comment. Are you or have you ever been put on trial for sedition/attempting sedition or treason against the United States of America by means of attacking the central legislative body of the nation in say, the beginning of this year? Because if so, that seems to be just about the best defence that can be mustered for you.
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May 18, 2021 18:59
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euphronius posted:What are your damages I’m locked in jail and they won’t give me organic food.
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May 18, 2021 19:04
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Mr. Nice! posted:I’m locked in jail and they won’t give me organic food. Those aren’t damages from the alleged defamation Also truth is a defense to any defamation claim
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May 18, 2021 19:05
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Hieronymous Alloy posted:My state statute specifies "motor" vehicles. No DUI for horse-drawn carriages. My horse is named Motor
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May 18, 2021 19:08
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Mr. Nice! posted:I’m locked in jail and they won’t give me organic food. Also I am loving howling with laughter at this entire line of defence
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May 18, 2021 19:09
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Mr. Nice! posted:Hey goons. If my lawyer told the press that I was “loving retarded” and a “short-bus [person],” should I sue for defamation or hope that works as a defense? "They only stormed the capitol because they're on the autism spectrum." is certainly a novel argument.
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May 18, 2021 19:11
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What goes into something being entrapment vs "i am a dumb dumb who did what the big orange man suggested it and he promised to pardon me?"
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May 18, 2021 19:31
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He’s saying that stuff to the press which is a different calculation than what hes going to say to a jury
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May 18, 2021 19:32
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Hieronymous Alloy posted:My state statute specifies "motor" vehicles. No DUI for horse-drawn carriages. Well, I guess it would depend if it was you or the horse who is impaired.
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May 18, 2021 21:25
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toplitzin posted:What goes into something being entrapment vs "i am a dumb dumb who did what the big orange man suggested it and he promised to pardon me?" Would it be some kind of 'what would a reasonable do'? Would it be reasonable to accept that you should generally follow the directions of the POTUS? And therefore it's the POTUS who should be prosecuted? And at what point does the concept of 'reasonable' go out the window? Because the above is all insane.
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May 18, 2021 21:42
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Mr. Nice! posted:Hey goons. If my lawyer told the press that I was “loving retarded” and a “short-bus [person],” should I sue for defamation or hope that works as a defense? I told you going pro se was a mistake.
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May 18, 2021 21:49
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