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G-Mawwwwwww
Jan 31, 2003

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tishthedish posted:

Sorry! Texas.

Insurance adjusters in this state are scum and will lie through their teeth. Put them through the wringer.

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G-Mawwwwwww
Jan 31, 2003

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Runaktla posted:

Why is he horrible, because he said $80k isn't that great for an attorney?

Because those jobs are non-ex-loving-istent.

G-Mawwwwwww
Jan 31, 2003

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joat mon posted:

Amen. I'll support your "Goatse service" rule if you'll help me get my "Motion for Better Facts" and "Motion for Dope-Slap" accepted.

I'll support all three of these if you support my "Motion for Opposing Counsel to Go gently caress Themselves". It's been tossed about for years but I think we can get it out of limbo.

G-Mawwwwwww
Jan 31, 2003

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JudicialRestraints posted:

The first time someone shows me a church organizing underage prize fights I am going to join in a heartbeat.

Do you know how long I've been wanting to do a bareknuckle match in a basement? Especially a church basement?

My god. Let's start a church.

G-Mawwwwwww
Jan 31, 2003

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Annakie posted:

About seven months ago I posted about my car accident and asked about getting a lawyer (here's a link to my posts). But basically, the accident was the other guy's fault but I had some injuries and my shoulder was in ongoing pain.

So I went and got a personal injury lawyer. On our first meeting I brought him every receipt and important document including the 4 weeks worth of pictures I'd taken of my injury and the $1500 or so of expenses I personally spent AFTER my insurance paid for most of my doctor's vists (but not $1000 of the $3000+ for a CT scan of my shoulder, co-pays on doctors visits, new glasses, medicine etc.) He seemed really happy and impressed and said "Don't worry, you'll get a lot." but he wouldn't give me a dollar amount.

He also sent me to another physical therapy place. My original physical therapy was pretty normal stretching and excercising and it was okay, my but my shoulder still hurt. This new place did electric shock, massage and chiropractic adjustments and it helped. In the end though, I still can't do things like clean my house for more than an hour without it hurting pretty badly.

Every time I talked to my lawyer, he said not to worry, things are going fine, and kept saying we'll get "a lot" of money, and would never give me an estimate of what that might be.

On Friday he called and told me "Good news! You're getting a check for $1500!" This wasn't good news AT ALL because I'd spent more than $1500 out of pocket. After hanging up, still shellshocked that he thought that was good news, I called back a few minutes later and tried over and over to get him to explain how I was only getting $1500 back. I saw at one point a settlement offer from them for $6500. He said he'd submitted over $8500 in medical expenses. And he said that he was generous and "gave" me $200 more than what I should have gotten out of his part of the deal.

I asked what if we actually sued instead of settled and he said at best, in a year, I'd get maybe $900 more after fees back. Then he also told me that right after we hung up the first time he'd faxed in the acceptance of the settlement offer so it was too late anyway.

Does this sound right to you? Did he just totally screw me or should I have never expected to be compensated for my time, energy, and the fact that my shoulder is probably permanently hosed for the rest of my life? (No, it doesn't bother me every single day but again, it limits me doing things in the long term. I can't hold my nephew with that arm more than a couple of minutes, can't clean the house for more than an hour at a time etc.) My dad thinks he's taking money under the table from insurance companies. Do I have a dirty / incompetent lawyer and if so do I have ANY recourse at this point, or were my expectations too high?

Oh holy poo poo. I'm not a lawyer, I'm not your lawyer, this is not legal advice, get independent counsel. But I know a little bit about legal malpractice in Texas.

Annakie, your lawyer does not have authority to settle for you. That contract is voidable. Your lawyer has hosed up.

You may not be able to pursue an action against your lawyer yet because he hasn't prejudiced you from recovering necessarily. However, you should be able to recover a lot more from the insurance company. "Lot" being more than $8500.

G-Mawwwwwww
Jan 31, 2003

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Tab8715 posted:

From my understanding, when doing a "discovery request" are you're asking for is the evidence against you. How could anyone gently caress that up?

:cowboy: Yes, I'd like to request discovery.
:chick: Okay, your name sir and the case #
:cowboy: Okay, my name is Bob and the case # is 525
:chick: Okay, it's in the mail
:cowboy: Oh! By the way I'm totally guilty and killed that mofo and I've got a dozen unpaid parking tickets!

Objection: Request is overbroad and demands that Plaintiff marshal all of his proof.

GRANTED.

Great job there champ, welcome to civil litigation.

G-Mawwwwwww fucked around with this message at 21:09 on Nov 2, 2010

G-Mawwwwwww
Jan 31, 2003

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Tab8715 posted:

I asked for an example, no one gave me one other than "well, these guys said it's a bad idea, just because". I then gave my own, from my real life only to be told it's a civil case, i'm stupid, blah, blah, blah.

You guys are unreal.

It's because you're pulling things out of your rear end.

Discovery is an incredibly complicated and in-depth process in civil cases, relying on precise wording and knowledge of the law.

G-Mawwwwwww
Jan 31, 2003

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fromsinkingsands posted:

To make a long story short:

Friend falls through a hole on restaurant property which had no signs or warnings. Torn labrum. Has been miserable for the last few weeks, cannot work, drive, etc. Manager said they'd pay for hospital bills but has been taking their sweet rear end time while my friend is in serious pain.


What's a realistic amount of money someone can receive if he decides to bring this to court?

Depends on how much the hospital bills run and how much your friend makes in wages.

Not to mention the laws in the jurisdiction-- there's kind of a divide in a huge debate called paid or incurred.

Buuuut...

(I AM NOT A LAWYER. I AM NOT YOUR LAWYER. I AM NOT HIS LAWYER. THIS IS NOT LEGAL ADVICE. GET A SECOND OPINION.)

Between five and very low six figures (and that six figures is really, really, really pushing it. The stars align or he's a star athlete or something).

G-Mawwwwwww
Jan 31, 2003

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CombatMedic posted:

In Travis Co, Texas.

My wife and I got divorced last month after 5 years of marriage. We had no kids or any real property, as we are renters. We filed without lawyers. I was out of the country when the "cooling off" period ended, so my wife took the papers in for the final decree.

Without my consent or knowledge, she listed 20k in credit card debt as a joint debt.

While issuing the final decree, the paperwork says that the judge advised "In the interest of fairness" I am responsible for paying her $700+ per month until the 20k is paid off.

The credit cards were entirely in her name. One of the accounts had a card issued with my name on it, and I can think of maybe 2 or 3 times that I used it for something less than $50. Besides 2 vacations we took, I can't think of a single thing that I bought with credit or that we bought for the family with a credit card.

I essentially left the marriage debt-free. However, I left her most of the furniture and household items.

So, 2 questions. Am I going to be reponsible for the entirety of that debt since we were a family unit, regardless of how much of the debt was incurred by myself alone?

Does the judges' decision on the decree bind me to pay her that money, or is it merely a "suggestion"?

Any other thoughts or comments?

I'm not your lawyer. This isn't legal advice. Get another opinion.

But yes. You're in a community property state. The judge can make a fair distribution of community property and community debt incurred during the period of the marriage, barring some exceptions.

G-Mawwwwwww
Jan 31, 2003

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wldmn13 posted:

No, it's closed now.

Was the decree based on the arbitration?

G-Mawwwwwww
Jan 31, 2003

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I'll tackle this too.

visuvius posted:

She handled my divorce through which I got fairly hosed and I ended up paying a shitload more than what I'm thinking I should have paid.

Every person I've ever met that went through a divorce said this. "I GOT hosed. THE COURT hosed ME. MY ATTORNEY WAS DUMB. THIS IS BULLSHIT I SHOULDN'T HAVE TO PAY THAT WHORE/THAT FUCKER, MY ATTORNEY WAS poo poo I COULD HAVE DONE A BETTER JOB MYSELF."

quote:

In the statements I did get, after scrutinizing the poo poo out of them, I realized that in later statements, she had gone back and increased rates for things that had already been done and charged for, to make the bottom line retainer remaining less.

I'm not your lawyer. I don't live in your state. See another attorney.

But this is fraud and civilly actionable. If you had a billing agreement (in writing, it sounds like) and she went back and changed her rates without your consent for work already done (e.g., she agrees to charge 100 and then bills 150 an hour) then it's fraud and possibly a deceptive trade practice.

quote:

Her interactions with me were always incredibly stressful -- she was basically more of a stress then my actual ex-wife. She was basically a colossal bitch who had me by the balls once the whole divorce was rolling. I didn't have the money to start all over with another attorney so I stuck it out with her. I can go on an on about the lovely things she did or didn't really do.

You should have come earlier. Some states will let you get the remainder of a retainer back from an attorney. Right now it just sounds like you're butthurt and stressed out and looking for someone to take your rage out on. Sorry dude, divorce sucks.


Also, at least in some states, family law courts have a huge amount of latitude. ESPECIALLY community property states like California. Just because you think you got hosed doesn't mean she was incompetent.

G-Mawwwwwww fucked around with this message at 00:30 on Jan 26, 2012

G-Mawwwwwww
Jan 31, 2003

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Incredulous Red posted:

This is why I won't practice family law. Ever.

Get ready for some stories.

You know, when I get more cases.

I was hanging out and third chairing a child support modification (which means hanging out behind the bar and looking important) talking to the client. His girlfriend's ex-husband was filing a child support modification and the client was saying "This is loving bullshit, he should totally have to support little man [his girlfriend's kid] as much as possible" and then turned around and said "But poo poo man, any chance you could get me to pay less child support? I love my little girls but it's eating me alive."

G-Mawwwwwww
Jan 31, 2003

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Incredulous Red posted:

Between that and probate

Hahaha guess who's getting ad litem certified for both on Friday

Family, probate, PI (including worker's comp) and crim, baby. And then some professional malpractice/breach of fiduciary duty stuff too.

G-Mawwwwwww
Jan 31, 2003

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euphronius posted:

Three lawyers working on one child support modification?

One was a newish attorney associated with an older attorney on the case to not gently caress it up and they decided to bring the REALLY new attorney to meet the judge.

G-Mawwwwwww
Jan 31, 2003

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joat mon posted:

Not TX person, but date is date of divorce decree.

What he said. There's a presumption of community property for property acquired during or on dissolution of marriage.

G-Mawwwwwww
Jan 31, 2003

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entris posted:

Not a lawyer in a community-property state, but I think the answer depends on whether the money you used to buy the ticket was considered separate property within the community property rules.

It probably doesn't matter that you would claim the winnings after case closes - if you win prior to the dissolution, that's when your property right to the winnings is created, so it could still be community property. No court would respect your decision to arbitrarily wait until after the dissolution to claim the winnings.

yes, it's a stupid question because winning the lottery is incredibly unlikely.

Nailed it. Unless in an even-more-unlikely scenario where you have a source of separate property (say an inheritance), write a check from the bank account where you keep the principal (because income from separate property is community property) and then use that to buy a lottery ticket. And even then, ennnhhhh because I'm not going to look up to see how they classify lottery winnings unless you'd like to pay me.

G-Mawwwwwww
Jan 31, 2003

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Leopold N. Loeb posted:

I live in Texas. My father, who also lived here, passed away late last summer. He let no will. He was married at the time of his death to his 2nd wife, my stepmother. Together they owned a small lot here in the town where I live. Am I entitled to any of his estate? The property was acquired during the marriage, if that helps.

Hell yeah you are. You get his half of the community property, assuming you're an only child. Otherwise you and your siblings split it, so long as there's no language in the deed making them joint tenants with a right of survivorship (basically, if you put in the deed record that you're Joint tenants with right of survivorship, the entire interest goes to the survivor when the other joint tenant dies). You should own a joint undivided interest in that real property.

But I'm not your lawyer and you should get a second opinion.

If she's using it as a homestead you may be boned.

G-Mawwwwwww fucked around with this message at 22:42 on Jan 31, 2012

G-Mawwwwwww
Jan 31, 2003

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entris posted:

I agree with CaptainScraps.

Find out who was appointed administrator/personal representative of your father's estate, if anyone. That person would be required to give you an inventory of your father's estate, and you should probably get a share of everything.

Here's the relevant statutory provision, I think:


So it looks like you get 2/3rds, not 1/2. This doesn't apply to a community estate though, so you need a lawyer to figure out what is the deal there.

Right. Two thirds of his sole property and his half of the community.

G-Mawwwwwww
Jan 31, 2003

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kmcormick9 posted:

My daughters mother currently lives in MD where we have a visitation order in place. A week ago she married a guy that she presumably met in the summer(she moved out of a fiances house and in with this guy over the summer). The issue comes about in that this guy she just married is about to get shipped out to AF basic and will not be moving back to MD for at least a few years. Now you dont just go marrying a guy for him to move across country without you going with him.
I need to know what preliminary steps I should be taking to prevent her from moving my daughter cross country. How do I go about filing for an injunction without hiring a lawyer? She does not know I know about the Air Force. I would not put it past her for a minute to move across country without telling me and file for support in the new state.
Joint legal, sole physical-her. I would gladly take physical custody if I had a shot at it.

Do not gently caress around with injunctions. They're complicated. Get an attorney.

G-Mawwwwwww
Jan 31, 2003

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Leopold N. Loeb posted:

Lawyer here un town says after pulling up the deed and tax unfo that it is pretty cut and dried. It will.cost me a few bucks.for him to do the.necessary paperwork of course but whatevs. Anybidy know if we will all have to agree to.sell, or does she get a greater say as she owns a bigger piece? Sorrt for the periods, I am.fat fingering my smartphone....

As tenants in common you can request a partition by sale or a partition in kind. Basically they'll carve up you up a piece of the land according to your interest (likely) or sell the whole drat thing and give everyone a proportion of the sale (unlikely).

G-Mawwwwwww
Jan 31, 2003

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entris posted:

I disagree, I think they'll sell the property and give everyone a slice of the proceeds - much easier. In probate work in my state, I rarely see judicial partitions where the property is divided up in kind.

But it could be different in Texas, I admit. Although looking at his last post, I think the OP is going to get a portion of sale proceeds - impossible to partition a residential lot that is too small to be subdivided and subsequently built on.

Actually if it's not homesteaded I'm going to go with your answer. And yeah I think it is mainly partition by sale. Both are an option.

G-Mawwwwwww
Jan 31, 2003

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The general criteria for creating a homestead are (i) overt acts of usage, and (ii) an intent to claim the land as a permanent residence.(28).

http://library.findlaw.com/1999/Oct/1/126857.html

Looks good.

G-Mawwwwwww
Jan 31, 2003

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Aquatic Giraffe posted:

I live in a duplex, and the dude who lives in the other half just got raided by the police and arrested for felony to distribute (marijuana).

Will I be called as a witness at his trial?

The only answer is maybe.

Odds are there won't even be a trial as drat near everyone pleads out.

G-Mawwwwwww
Jan 31, 2003

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Adama posted:

That's what I was worried about; I think I'll call them in the morning and at least ask them to hold onto a copy.

Write them a letter, too.

G-Mawwwwwww
Jan 31, 2003

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Yup.

G-Mawwwwwww
Jan 31, 2003

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Leopold N. Loeb posted:

I will ask my lawyer, but I am curious, how will any debts he may have had affect the distribution of his assets? Will we have to sell his home and land if we don't want to? Is my portion of the estate responsible for his debts? Or his wife's? Or both?

You pay any claims out of the estate before making a distribution. So you, your sibling and the wife have your shares diminished.

G-Mawwwwwww fucked around with this message at 04:16 on Feb 17, 2012

G-Mawwwwwww
Jan 31, 2003

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Leopold N. Loeb posted:

Also, my sister is estranged from the family, and may wish to forfeit all or some of her inheritance. Can she do this? And if so, what happens to her share of the estate?

She'd need to sign a disclaimer and it would fall into the residuary and be distributed like she didn't exist. So between you and your step-mother.

G-Mawwwwwww
Jan 31, 2003

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Serella posted:

So I've got a question about divorce. Long story short, I am getting one. I am filing in Florida and have all the forms for Simplified Dissolution, but I need to know if I need a lawyer or not. The forms themselves are very simple, as is our case. We have been separated for a few years, are on amicable terms, have no children, and have no possessions which need to be divvied up.

The only problem I'm having is that on the forms for Simplified Dissolution, it says we both have to be present for a hearing. He lives in New York. It would cost about $400 (or more) to fly him down for a simple hearing, in addition to the $500 or so it is going to cost to file all of this. We are splitting costs on this whole thing, so I need to know if there is a way around this. Would we be able to hire a lawyer to represent one or both of us in court? Would this even be a cheaper option? How much would a lawyer even want for something like that?

Any guidance on this would be super appreciated.

Might be easier to do a default prove-up if he's confident you won't out-right gently caress him over.

For no contest divorces, I've seen prices from $750 total to $1500 total.

G-Mawwwwwww
Jan 31, 2003

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Serella posted:

Had to look up what that meant, but I don't quite understand. Does that mean that he just doesn't show up for the hearing and I can proceed from there? I'm not going to gently caress him over, and I'd like to know what the ramifications might be for not showing up for the hearing.

He doesn't show up, you tell the judge what you want, he or she generally gives it to you. Alternately you might be able to show up with an affidavit from your ex-husband.

(Hire a family law lawyer, they'll do this for about $1000.)

G-Mawwwwwww
Jan 31, 2003

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flip6-3hole posted:

Can you sue someone is Civil Court/Small Claims Court for your Criminal defense fees?

It appears you can sue an accuser for false arrest if you are found not guilty, but this is a little different as I was never formally charged.


Backstory: Location, Texas. Someone had me pawn a TV for them under my name. It turns out that the TV was stolen from a local hotel. The person that had me pawn it knew it was stolen at the time (I did not, obviously).

Then entire pawn transaction was on video; I didn't take the money or the pawn ticket (I signed my name and left).

The police never filed charges against me, but brought me in for questioning. Because of the seriousness (Felony Burglary of a Habitation) I did have to hire an attorney to protect myself during the ordeal (as well as move due to threats on my person). My attorney fees were $1,200 + moving + damage to my reputation, etc.

Can I sue the person that had me pawn the television in Civil Court to recoup my legal fees (at least) and my moving costs, etc?

You could probably cook something up but good luck collecting any money from them.

G-Mawwwwwww
Jan 31, 2003

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baquerd posted:

But then how can you trust them and evaluate how well they will perform? It feels like a gamble.

Pretty much everything is routine to an old dog.

G-Mawwwwwww
Jan 31, 2003

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kriminal posted:

I hosed up big time.

I received a DWI with an open container in the back of my car. Went to jail and paid the bond.

What are my options not to get so hosed? My main concern is not the money but the driving records as it can seriously harm my current career path.

I refused the breathalizer by asking for a blood test but they did not want to take me to the hospital.

I am trying to consult lawyers, however I am a bit scared here in texas I can get assraped and get fired if this stays in my record.

If you're in Dallas, I can recommend a good guy. (It's not me, I promise!)

G-Mawwwwwww
Jan 31, 2003

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Then you have a decent lawyer.

If you see a very cute albino-ish girl prosecuting, I went to lawschool with her! Haaaay.

G-Mawwwwwww fucked around with this message at 23:43 on Mar 11, 2012

G-Mawwwwwww
Jan 31, 2003

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euphronius posted:

Where is the fraud or deception in that fact pattern?

Entering a contract with no intention of performing while making a representation that the parties relied on to their detriment. I'd allege fraud and breach.

G-Mawwwwwww
Jan 31, 2003

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euphronius posted:

Yeah I know. But is tough to prove that "no intention of performing" part, especially in the context of contracts. Case law wants to label these situations breaches rather than fraud.

At least in my limited experience.

Yeah, I'm with you. Might as well try for it and see what discovery cooks up, though.

G-Mawwwwwww
Jan 31, 2003

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2SiBi posted:

So I just found out my lawyer died 2 days ago. My first superior court appearance is this Monday. What is likely to happen and what do I need to do about this?

Get a new lawyer immediately, have him bust his rear end to ask for a continuance.

G-Mawwwwwww
Jan 31, 2003

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nm posted:

This.
If you can't in the time needed, go to court and say your lawyer died. If my lawyer died isn't good cause, nothing is. Ask for a continuance to hire new counsel.

And if your lawyer was local, the judge will likely grant you a continuance because he or she knows that lawyer died.

G-Mawwwwwww
Jan 31, 2003

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notwhoyouknowiam posted:

My question is, under Texas law, is there a way to get my dad's name removed from this loan considering we have lost control over this vehicle? Or are we better off reporting the vehicle as stolen?

Your dad is hosed.

G-Mawwwwwww
Jan 31, 2003

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DuckConference posted:

Couldn't there still be some possible negligence? If this guy is crashing around hard enough to break legs in a co-ed beer league, it certainly seems possible that he breached the standard of care he owed her. Not a lawyer though so I may have it all wrong.

No. Unless he did something outside of the assumed risk of the sport (fist fight, hit her with the bat), she assumed the risk.

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G-Mawwwwwww
Jan 31, 2003

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Baruch Obamawitz posted:

You're dumb as hell, Jesus

E: aren't they both liable?

Only if the owner knew that the driver was an irresponsible driver or had certain provisions worked into his policy that he probably didn't have.

Call a lawyer. They might get you something through an uninsured motorist provision.

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