WWL>Topics>>03-19 9:10 am All Things Legal

03-19 9:10 am All Things Legal

Mar 19, 2017|

Doug Sunseri and Albert Nicaud discuss legal issues and answer questions from WWL callers.

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Automatically Generated Transcript (may not be 100% accurate)

Assessing the person's legal matter often requires extensive interviews review of contracts and documents and research of the current state of the law on the issues involved. As a result the information provided by the attorneys in guests of all things legal is given for informational purposes only. It is not to be construed as legal tax investment or other professional advice. Communications with the attorneys on this program whether verbal or digital do not create an attorney client relationship. They were back to secretary Albert because you weaken lawyers all things legal or here for our number two you can also call outlaw permit Nikko since area Bible 48371304. Bible 4837. 13 old war. Now at a parade marching yes. Eight floats. I think since it's a big parade huge it's a big parade through stretching down from home mobile or two or the whole the whole the whole deal. There it's and I wanna see is probably seminary guys'. Interest in a marching group whose keen. I don't know who it's a group the grand Marshal program this year come. To question is usually there are usually too there's an Irish and then there's an Italian. 20. Grand marshals. And embryos with I'm not sure. Yeah. Anyway but I'll find out when I get there though I had the good idea. One note everyone listening show to show to go catch some Italian bread and some pasta. And cabbage and corned beef and that it needless to show which house last weekend and author growth promoting a pretty horrid Hitler and we're pushing. Alice extolling the post that you are we host a party. So. And let's let's go to form wants Israel trench. Hank thank you pay your Trish she's been in my fifteen and we really have never gotten a call like this who voted for about a dream yeah the effort and I'm nine years as a coach rich pay Tricia about the easily with that concern now pretty. Didn't think he. On the property behind my property is woods. And just behind get beyond our blinders are very large tree and in the course of the twenty years and had been here. It killed. Over it felt like Malaysia but my concern now is as a region the it's. It's spread out to the point where if you were to get down it would definitely come on yeah and the swimming pool and make uncle maintenance. Untenable. It's wondering if we had any kind of record as far as acting goes property and to foot the bill for maybe taking a tree down or cutting it. OK. Here's the ways that all works and most people are surprised to hear this. You do not have a right to cut that treat him and even though it's hanging over property you do would you send it certified letter to the owner advising them. The nuisance that the tree's become. It in in the the standard under the civil code article is. If it interferes with your. Peaceable possession. And enjoyment of the property. So clearly I think it would qualify for that. Home you know the judges and courts so basically you send the letter you give more reasonable time to respond. And if there's no response. You actually file a claim or suit. Moon which parish UN. We'll take him in Paris in an incorporated currently in. Okay yes you would finally come with the justice of the peace over there. Or you'd depending on the value of having to have that treat it might exceed pictures diction. I do know that you know folks don't like him being pretty oak trees cut by. If in fact it's and interfering with you peaceable possession enjoyment of the property. You can you can bring an action. To have that done of course you need to take a photograph should be that you. Take photographs of you pool which who believes in them. The little Fuzzy things with those called drops but they're all over the place and payment you know we're constantly doing their. Is in the we don't cut tree gamble we want credit back when they do that they have to balance that so both sides. Ray. You know in the news he's going to be spending money to do it by at the end of the day umi due to cost back in time that's why it's better go to the justice of the peace whose. You can just go there and establish your case there without having lawyer. But again and you wanted to document everything. Now. Now do you live homeowners. The is their homeowners. So. Association. Mr. it. That represents because of the whole Wal-Mart trying to build a Wal-Mart saying that it's not an age away. Democrat you have so that's your best bet is to find out who the owner is send certified letter and then you know. To look at you know or to be a bad name grudges you know I need to get this thing there. Thank you so much for the information and proceed. All right here's duplex thanks to call with us let us know how it turned out our let's go to Charlotte's got a question regarding. Uninsured motors or Charlotte you're melting thing that they're now. How to like sit uninsured motorists. And I'm a single recently divorced and them want to make sure I'm right but my. Liability. Is 250000. Per person of 100000 per accident. That the uninsured since 100000. Apartment 300000. Per accident. So it's not quite equal. Well it should be equal unless you signed a waiver to go back to your agent. And say listen I wanna see much of equality you Amway uninsured motors you are on and uninsured or underinsured and they can stand for either. The CI a wanna see my view am waiver. To see if you selected lower limits now there's a standardized form that the state view there was litigation all over the place. For many years about whether. The parties signed an effective waiver. But mail the form is pretty clear that it gives you some options in some of the options are. Selecting lower limits which it seems like you have done. Or selecting what's called economic only damages. Which means that you would not be entitled to any pain and suffering aggravation in convenience. You would only be entitled to reimbursement of you medical's in reimbursement. But you lost wages or lost income. And so you know it's your only gonna YouTube you're selecting that your coverage be only for those types of damages. In if you know a few willing to give up the mental anguish aspect of in the in what's called the column. General damages there and you can. You know you can select lower limits in the ABC money which is compare the pricing but I would go back to that agency hey look I wanna see my WM selection form. And they'll say in your copy of and you can see whether you selected lower limits in if you did say look how I wanna go back and if you muffle them. Okay because that recently divorced and so when that agent. Gave me my own policy give my ex husband his own I didn't even resigning. And so he could throw me out something. And you know I think it may be trying to do good recent some single now but I didn't Simon and more so. All right well the no fly out. I would I would go back to you know if you want you know yeah I think more than 200000 coverage. Hey look. Five minutes of amnesty and I wanna make sure I'm going to be covered his. Absolutely I would go back and I will tell you be surprised. How little more you'll be paying. For the additional coverage. Right now it's 1774. What. Correct yeah I would guess that it it's not going to be much more than that you know maybe you're under under four bucks probably through books. Yeah we you'll have to sign that they I don't have they can probably do it electronically where you can sign it or mimics in uniform to side. Okay. Okay thank you so much. All right all right you know that there we converted to people now what it saves I mean. It is happens often people like you says bears here users accident right. Ryan. They don't have uninsured motorist coverage and a person who hit them you that doesn't have coverage and or they have minimal coverage of 151000 now. Right and now and think about it. She just filming. She's got a 250000. No liability policies to 100000. Dollars. Of uninsured motorist. In its cheaper than you know the back and higher numbers you get it's if you know it's not a last year flat incremental rise. So she's getting a 100000 dollars of uninsured motorist coverage for a 1077. Dollars a year. So if she wants to get back up to the 250000. Which is equal to or liability limits I can't imagine being more than another semi trucks run. You know for. For another 150000. Dollars in coverage and keep in mind their appear people driving around this state. With no insurance. No tags on their vehicles. Home you know. Beauty you know citizenship yes or we already got whatever I mean they're people that the other people that are afraid they're afraid to go to the DMV in your license and whatever cause they worried about deportation. So their people that are driving around trucks and you know to issue an Indy they are on uninsured or underinsured there also tons of people that it just complying with the long with the bare minimum limits. 151000 dollars in so if you make a claim you know you get an accident we 151000 dollars that you have to go in the emergency room cutesy pretty quickly. In if you have to go to physical therapy or anything like that. I'm just I know Mona soap box but I got to tell you it's it's it's so frustrating to see. That people protect themselves from their own negligence by filing about by having high limits. Of the real liability coverage and that protects US a driver if your fault. Keep people from coming in in currencies in your house and all that sort of thing could do you have adequate coverage. But would it doesn't protect you from news. When you're involved in an accident and it's not your fault. And someone else who hate you does not have the appropriate limits. Uninsured motors feels that gap in case when your coverage. You know so that is probably. The get on issues there you go we got a few text talking about that as well wireless go to break Texans are covered because you were in the hours all things legal right back after his brief time they were packed their concern Albert Nico you weaken lawyers all things legal you can also call -- how many violence necessary survival war. A 3713045048371. Israel for. We go to 10 o'clock at 10 o'clock it's just sports with Kristian garic purity going to be talking about Malcolm Butler. LSU baseball. And the north commandments March Madness. Who's your team. And I thought you do it well he would do ya gonna do going all the way. You be. Of course they're well coached they've been their botched times I think. You know the beat North Carolina the last time they played and they split the season. Although we'll tell you it was constant look really good. Mean they're very fundamentally saying they are good team and they've got some really like. Ridiculous athletes at the big guy in the middles like in their Columbia BC series the Santonio sparse. The way they move the ball I agree. I agree they're well coached they're a bit of discipline like it's at its and that's what it takes because you know when you come down. The so many of these games come down to the last minute or two in game. And that discipline and that coaching in those things. Outshine. Atlantis'. You gotta make the right decisions in the situations and that's where that coaching you now like about the content whether pelicans have lost so many games in the last 23 minutes because. They don't have that sense that bench coaching all of it and yeah his coaching they just you know you've got to. Drop a player at least have your players have been. Working on lately Nick Saban said we're not gonna do it too we get it right we can do with two we can't do it wrong. Well in in and that's how it's gotta be they've got a new this is the situation here's what we're going to do this is how we're going to handle this without having well. Actually the year at the hornets then now pelicans want to to six games it was Chris Paul right. And they won the and he was a majority of their games. In the last three or four minutes late because Chris ball I great. I agree and so I that we don't we know we don't have that and I'm pumps on pulled a gun that. To win I just like the way they play and yet and senator. Just fun obvious to me is basketball. These kids are not you know. My multimillionaires. There all leave it on the court there on trying to get to the next level so they're playing their hearts out the whole game it's a lot of emotion. You know I I I hate the one and done. I pull against anyone and counties to I don't want do to win or North Carolina. Or conducting a podiums now. But all right let's go to Paul long was go to Mike's got a question regarding certified check hey Mikey on all things legal Texans are now over Nikko. Minister Ariel don't go too far by. Yes. Are there recently. Two. There's just sit by if slide. In the in 208 mile wide status solo hurt by watching it. All that's way way it was cool how long it take everything. Well. They got some property next door who. I would go purchase yeah well we go to the bank would be certified channel. Go to actually. In a month ago. It would stir in the morning news that it would would be. Her while. And. Well I got direct well right right or they sit dual. Forward. We have questions they take it was nowhere. My patience. Right through it seems like your your identity must have been stolen. That's very interesting. I'm not a banking attorney I know there's got to be a way to get that straight but I would I would be. In that office talking to the branch manager. Over and over again about getting this straight don't make don't make us lose the sale of this property. Because. You screwed up. Davidson number we did such as someone you know. They it was almost and the reforms Taylor out with. It's blah blah blah intent. What year this has been faces that you within seven working days he's been in de Mayo we have got that question. They don't know workers grew up Beers. We schedule how much slower they realize you needed Mario on the future here inflammation. You know you paperwork. People who check made payable to the certified chair. Well then. It in the bank has no explanation. Now they won't tell ya. Sami to bank doesn't have an explanation they would they would be responsible for our. So you. It said the right does. You know what no boy on the certified churches you know that it doesn't it's jail. Take that as we approach the market within five years that considers there. While. Decked could be a bank policy. I would. Probably a better way to preserve your money but. I would I would continue pursued if not you made immediately who helped in a letter written again it'd die all right. It expects a call we're gonna go to CBS news update gonna go to local news we back on all things legal hey we're back Exeter Albert eco Leo we can lawyers all things legal. Stay tuned for proceed here. Just sports and at 1230 pre game LSU vs Georgia game three. Hopper's pitched 1 o'clock she's Torre won the series Hugo trio put that on the sweep and in the room remember him Georgia on Georgia's. Is a probably lower and CC's shoot them expression that they've seen action starting right but got Florida next week. That is it's. The games mean that's the previous years these first. I got a text here why do you think my regular liabilities and uninsured motorist liability should be the same amount. The answer is quite simple you gonna pay the most money in your policy for liability coverage to protect. Europe assets. Against your own liability suit you're at fault in an accident your liability coverage for a few reliable index your liability coverage. Kicks in and it pays the damages. The person that you hit or injured. Excimer. Uninsured motorist. Coverage is extremely inexpensive. In comparison. And what that does it it protection you. Against. Liability of a third party. That causes you damages in causes you harm and so. If it was up permit up to me I'd have even more uninsured motorist coverage then. Liability coverage because like the gentleman that called Huey called earlier saying look docking control myself liken. Drive safely docked in pay attention while I'm driving. So I feel comfortable because it's something I'm you know it's a known entity acting control whereas I can't control. The the liability in the actions of third parties. Text being and drinking and driving and doing all these things they're not supposed to do and so as a result I need protection for myself. In the event that in the very likely event that those people uninsured or underinsured. And so you buy that UN coverage. And again I think that lady that called earlier was that Charlotte was saying now. She has a 100000 dollar UM policy 4077. Dollars is the premium. And if that if you bump it up to the 250 which was reliability limits. I can't imagine it being more than 250 dollars a year suit you think about. You know pennies on the dollar for that type of coverage when the more likely scenario is if you receive driver. You're in an accident in more likely be someone else's fault in it's very likely that if it's a serious accident they're not going to have. The amount of coverage necessary. To protect you in some bets which you do with you and covered I wish agents would explain that a lot better. Com a lot of times it's competitive thing and they wanna try to cut corners so they can give you cheaper policy. And in you know beat the other a premium but you really have to look which were borrowing and. That is one of the most. Rewarding of your coverages for the price. So like flood insurance that value today exactly it's Obama where you can block a lot of coverage. Form for you premium now exactly in the same thing for uninsured underinsured motorist and like you said pour. If you follow on on short motors Klein on your policy has no effect on your premiums correct because a loss says. United fault or was due to your conduct. For the fact that you had a file this unsure voters are correct yes yes it's. Think he's the claim was not based on your fault. And so as a result. You're not going to have to pay. Conditional premium and you can't be raided in your experience. To reach pre. So that's come a long answer but I needed to make it very clear because it's important that people understand what you and coverages we see it's so often. That oh yeah I was struck by a guy and I'm very injured in in with an we just can't help boom in terms of trying to collect money from because there's nobody to be collected. Because they don't have a chance adequate or write any uninsured motor. And chances are if the person who he achieved is an uninsured are they have limited insurance. The reasons if they could probably afford to buy more so therefore. There's not and are going to be in the exposure from an am in doors to collect or other words even if you went after them purse first light right it which which. Most lawyers will not do com. But again you know if somebody's out there and he's you know very wealthy person and only has 151000 dollars covered in shame on him. But if it's you know somebody struggling to make ends meet. I can say that most wars will not go after someone personal interest canoe room. Go after the limits of the insurance so once you reach that limit your dog and there's nothing left to be. So that. All right let's go to break that answer and agree we can hours all things legal. Will be right back in street trauma all right we're back Texans their company value we gamblers all things legal let's go to Beaumont the scotus nominees can follow up on uninsured is Herbert hey Sonny you know. Jeff are sonic. Moderately important. That. There is pay tribute oracle audit board and your insurance law all people. Where you but I. Well under the laws all right well yeah okay thank you sunny there are laws on the books home. There is a no pay no place statute. Which is more the civil side. Of course there is a motor vehicle. Responsibility act which requires that you have the coverage. If you don't have the coverage they won't issue a licensed to you after few per show proof of coverage. In the ended in no pay no place who if you were involved in an accident and it was someone else's fault. But you have no coverage you don't have the minimum stay requirements. That you lose that first 151000. Dollars in coverage so. If for some reason you you know a lawyer takes that you go to trial and you know there's the judgment is 40000 dollars you only collect five because the the insurance company on the other side gets credit for. A home for the 151000 dollars that you waved for not participating in paying into the insurance pool. In in the pot in so you know if it's a very serious injury. Then you know the 151000 dollars news is. More fool gullible that. The you know if it's of injury within those dollar amount you collect enough so. Bill or some some limits in some things that the state of done. The state has done to calm. In force. In encourage people to. To have that this type that they were able to and wars. Every lawn in this general our area that have uninsured motorist coverage you would have traffic problems life right La Mars will be impounded. So got a text your coverages on meant to reward you they are meant to me Q hole. And lawyers make out like an. I agree with two of the three things that he said coverages or make me meant to reward you they ordered me fuel. But again if you're involved in a very serious accident. Then. You want those coverages to be there to. Pay for you medical bills paid for you lost wages and also. If you if you've never been in a serious accident we deal with people that that have been in serious accidents all the time. Infection life you've lost wages you've lost work people that work on you know there can hold your job and on hold jobs. The it's simple every day active exactly you know I used to play sports on the weekends now I can do that anymore knocking at work in my garden any more than those are the things that. Outside of work. In richer life and make you you can make it it's satisfying for you too well. I think one axiom is true. Even in claimant to receive significant amount of money mean. You know you know six figures they would say I would give the money back to have my health back. Yet to be able to get out of bed in the morning without you know and be able to sit without having my back curtain those types of things if it's and so. The point is and if you tie it back into uninsured motorist coverage. The chances are if you get an accident you're going to get an accident. If it it if it's not going to be your fault then chances are that there's the coverage is not going to be easier if you have a series accident. Election you have sufficient uninsured motors slipped so when your agent and ask you do you want. Lower limits would be one on one wave your limits then. If you can afford it again it's it's a small dollar to pay for the value of church and giving. Don't waive any uninsured motors. All right well take a break come back for alas I'd say don't align it will take US calls you know come right Accra last segment all things legal scene about couple minute all right we're back Texans grabbed an eco U weekend orange could also calls a law permit Bible 48371304504837130. War. Go to Almonte are screwed Jude Julie's got a question regarding uninsured motors Major League. Try to Elliot yeah. It's so funny that Gallup mentioning this. Long ago. Someone's politics has been spot under you know big beefy like a trot. And total. The guy. They keep the texting. While into my confidence at pretax factory that board has obviously failed to not do in an album. I would never did before out life but it would not quite. But talk and sit and talk about from the medical bills just in law and now. So anyways. We did we do anybody churned out at odd. Bit of the kids Italy probably at minimum coverage. So my question is kind of Reading about it. What I read it was like. It's helped so so my uninsured motorist it is would confine is that true. Whether as a way if you have separate policies. We get the same policy. We have a caller on the same policy. Right there is there is something called stacking where you can stack. Coverages but if if it's the same policy that it is only going to be one bit if you have coverage through another policy and you can stack. I can meet at different company. But like will be but just a different policy issue to. Like if he does work in India and in his employer here today. Had a policy also. Like if he was. In the course is over is employment and that accident occurred he uses personal policy is work policy then you uninsured motorist coverage to stack. I'd just so. What we say in only. The hour from optical. OK I can is so. It's it's. Part 43. Quick hits it deep. I think it settled in on it they it would only beef it up on what. Model wanted to step it up really understand that the site. I. Not in because not it's messed up open ear. I'm sorry has an and its you know thank you for calling you know I guess as a testimony because. So many people you know think oh it's a big insurance game and it's all this stuff but when that happens to him. As you did you wanna make sure you have that corporate or. Thanks colleges and okay thanks talk about it less adamant ago. So Albert. You be marching in Italian American parade CBO on the streets no kisses but if people want legal advice Lee just out and give it to. Now they have to guess at the end of the route that ethic and director at I would say probably get in days. For if you do ask them for legal by. Dice as to begin on the route because at the end of the route. You might have had an adult beverage to an image Google's move different it would. And yet I probably true that proud that your all right stay tuned for just sports with our Christian guy Arkin after that stay tuned for LSU. Baseball at 12:30. And 1 o'clock so see next week be good and be blessed see you next week.