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A comment on Pools at Foreclosed Homes Increase Risk of West Nile

Devo Tevo — Wed, 08 Aug 2007 14:52:04 GMT

While it is certainly good to take precautionary measures, West Nile virus isn't all it's hyped up to be... Why the media is so focused on it is beyond me, but I have debunked the West Nile issue in my satirical blog...

A comment on Auto Accident Question And Answer

John Bisnar — Sun, 29 Jul 2007 16:50:18 GMT

Linda,

In answer to your questions:

(1). Question. If I were to take the other driver to small claims court, would the insurance co. be more motivated to make a fair offer prior to court?

Answer. In my experience, the insurance companies hate it when you sue their insured in small claims court. Usually the insured/negligent driver wants nothing to do with the case and wants their insurance company to make the case go away. Suing in small court is one of the tactics I suggest to people who are not getting a fair offer to settle. Let a small claim court judge tell you what is fair, if you feel the insurance company is taking advantage of you. After all, you'll get you day in court. And yes, the insurance company is likely to make a better offer to keep their insured from having to go in front of a judge.

(2). Question. If we go to court, can the other driver submit info from their insurance co?

Answer. Much will depend upon the judge and the information. Small claims judges are much more liberal on what they will let in and what they won't. Usually, a small claims judge will read what people submit and decide if the information is credible. If not, he/she won't let it in. If the judge lets it in, he/she will decide how much weight to give it. If you haven't see the information prior to small claims court, the judge is less likely to let it in. If you do not have a fair opportunity to cross-examine the information or its presenter, the judge is less likely to allow it in.

(3). Question. Would it be helpful for me to submit documentation that the driver who rear ended me had several accidents on their record and I have none?

Answer. I think you should submit it to the judge and see. Most times judges will not let information of prior bad driving influence a present claim of bad driving. However, if you get the judge to believe that the other person is a bad driver, will it consciously or subconscienly influence the judge? Who knows. After the defendant testifies, ask the judge if you can ask the defendant a few questions. Then start off with something like, "Isn't it true that within the last three years you have been involved in two other auto accidents and received three speeding tickets?" Now the judge my disallow your question, but he heard the allocation and if you are holding a document in your hands to support your position, that can be very powerful. If the judge disallows the question, tell him you have evidence of the defendant's record and offer to give it to the judge. If the judge has let in information the defendant brought from his insurance company, argue that you should get to submit the paperwork that you brought.

(4). If I win a monetary award in small claims court, who pay it? the other driver or there insurance co? If insurance co, will I be paid right away or do they have appeal rights?

Answer. The insurance company is obligated to pay but the judgment is against the other driver. The insurance company has no standing, so they can not appeal. The other driver can appeal however.

Good luck. Please come back and tell us all how it came out.

John Bisnar

A comment on Auto Accident Question And Answer

Linda — Sun, 29 Jul 2007 12:58:02 GMT

I am dealing with an insurance co who offered a very low amount to settle.
They sent what they called expert rebuttle letters.
My questions are: 1)If I were to take the other driver to small claims court, would the insurance co. be more motivated to make a fair offer prior to court?
2)If we go to court, can the other driver submit info from their insurance co?
3)Would it be helpful for me to submit documentation that the driver who rear ended me had several accidents on their record and I have none?
4) If I win a monatary award in small claims court, who pay it? the other driver or there insurance co? If insurance co, will I be paid right away or do they have appeal rights?
Thank You.
5)If I win in small claims court, will the insurance co

A comment on No Criminal Charges in Fatal Truck Accident

NEMF'er — Sat, 07 Jul 2007 20:29:59 GMT

Hold driver responsible? Yes. Hold company responsible? NO. It is not the companies responsibility to hold the drivers hand and make sure he gets his proper amount of rest or is not bone-headed enough to be distracted from the road long enough to not see stopped traffic ahead. The truck was in proper working condition and thats all the company should be responsible for.

A comment on Head Injury may be to Blame for Criminal Behavior

SLC — Mon, 05 Mar 2007 19:58:40 GMT

Give me a break! They failed to mention that Allen Dalton was shooting drugs into his arm and how he locked Chico into a closet for 12 or some odd hours... Because he suffered from a brain injury 2 days before, your trying to tell me he didn't know what he was doing!? That man is 40 years old! Chico was only 20, 6 days a way from his 21 birthday, and YOUR going to tell me, Allen didn't know what he was doing?! He had 2 days to figure it out! (The article above is wrong, Chico died April 17th, 2004). It's lawyers like this that make me want to vomit. Allen Dalton is a MURDERER! NO 2 ways about it... And some lawyer is going to try to get him off! And as far as Dr. Arthur Kowell is concerned, if he thinks Allen didn't know what he was doing, then he obviously CAN & WILL be bought, OR all the years of medical school and all the school loans, and all the "hard" work he put into his profession was an absolute waste of his time and energy, and a complete insult to the entire Medical Community, not to mention UCLA.

A comment on Salmonella Peanut Butter Contamination

John Bisnar — Sat, 17 Feb 2007 13:23:43 GMT

Brandon,

Good catch. Thank you for pointing out the obvious. It is hughly important for anyone who may have a claim to keep their most important evidence, the jar of peanut butter.

John Bisnar