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    Saturday, January 5, 2019

    Legal Advice [Update] Neighbour damaged their car pulling into my driveway - want us to pay for "repairs" [Ontario Canada]

    Legal Advice [Update] Neighbour damaged their car pulling into my driveway - want us to pay for "repairs" [Ontario Canada]


    [Update] Neighbour damaged their car pulling into my driveway - want us to pay for "repairs" [Ontario Canada]

    Posted: 05 Jan 2019 08:08 AM PST

    Original post - https://old.reddit.com/r/legaladvice/comments/aadtxw/neighbour_damaged_their_car_pulling_into_my/

    It's been about a week since the issue came up and I thought I would post an update.

    I ended up going to speak with them the following day to tell them about the trespass. I also gave them a letter stating the same thing. It's just something I made up based on suggestions here and what I found on the internet. They seemed a little surprised and didn't say much other than I should expect to here from their attorney.

    So far, we haven't heard from anyone lawyer wise.

    For a short time, I felt like the problem was resolved as nobody used our driveway. This all changed yesterday (Friday, exactly a week since the incident) when my neighbour pulled into my driveway as I was clearing ice from it. He smiled, waved and reversed into his driveway. I did manage to take a photo as I shook my head "no" at him. They used our driveway at least 2 other times in the evening after dark that we know about.

    I called the non-emergency police number this morning to report the trespassing and the call taker told me someone would contact us soon. At this point, I think I would be surprised if the police did anything based on what I'll mention later in my text.

    I have also pursued this in two other ways. First, the bylaw folks did get back in touch with me to tell me that there was no bylaw stating others couldn't use my driveway. They also said that I'm well within my rights to put anything I want in my driveway anywhere as long as it's not a permanent structure. I also learned that blocking my driveway from the street is not permitted and that anything within 1.5m on either side of the driveway is considered blocking. Bylaw said the damage to the car is a civil matter and has nothing to do with them (not surprised there).

    Lastly, I tried to find out if I own the driveway all the way to the road. This has been an exercise in frustration to be honest. Right now, the only thing I know for sure is the following;

    City right-of-way

    This term refers to the City-owned portion of a piece of land. It is very often wider than the road and sidewalks that may abut your property and can extend to a considerable extent onto your property. The City maintains a right-of-way wider than the width of the road in the event that a road widening becomes necessary at some point in the future.

    Notwithstanding this, a property owner is still responsible for maintaining the City-owned portion of their land, with respect to matters such as grass cutting and snow clearance. The exact extent of the City's right-of-way can be determined through a Plan of Survey.

    This leads me to believe the city does own a piece of the driveway but I don't know how much and if this means my neighbour can use it. The fact that they began using it again a week after my visit leads me to believe they have found out that they are free to use it.

    At this point, we are trying to decide if we drop it or go all in and hire our own attorney. Someone from the planning department of the city is going to be calling us back next week (I hope).

    Thanks to everyone for all the great advice.

    Cheers.

    submitted by /u/throwitaway8765432
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    Massage Salon accepted gift certificate, now they are saying it's invalid

    Posted: 04 Jan 2019 07:56 PM PST

    I want to see if I could be held liable for services rendered at a massage salon.

    I had a 200.00 gift certificate from spafinder.com that I had won in a raffle. There was no expiration date on the certificate. I decided to use this gift certificate today and go all out on a special spa day to help me relax. I knew of a massage place in town and called them prior to setting up the appointment to ensure they accepted this specific gift certificate. I did this because I didn't see them listed on the website and I wanted to make sure the spa accepted the certificate from spafinder. The woman at the front desk told me " we shouldn't have any issues, I will look into it and if it is an issue I will let you know". I said great I just want to make sure they accept them before I get the services. My appointment rolls around I check in. No issues. I even let the massage therapist know I was there because I had a gift certificate I had won in a raffle.

    It was a great massage, I got a package deal that cost 175.00. At the end of the massage I went to the front counter with my gift certificate and gave it to the lady I had spoke to on the phone. She seemed to have some difficulty entering info into the computer. Eventually she told me everything was good to go. I reiterated " so there is 200.00 on the gift certificate, I want to leave the remainder as a tip (I tipped an additional $20.00 cash because I felt the therapist had done a good job) to which she said ok. I left feeling happy and relaxed.

    I just got a voicemail from the front desk woman stating they had made a mistake and don't actually accept gift certificates from spafinder. " I'm not too sure what spafinder is involved with but we aren't involved with them and the coupon is not valid, can you please call us back".

    UMMMM WHAT. I do not have the money to pay 175.00 for a massage. I went out of my way to ensure before making an appointment that they accepted this gift certificate. My fiancee says ignore them it's their mistake but I don't want this to come back and bite me in the butt somehow. I am not calling them back until I hear from you guys. If it helps I live in Arizona.

    Can I be held liable for this? They have my address, spam email and name but no debit or credit card information. BECAUSE YOU KNOW I PAID WITH A GIFT CERTIFICATE *Eyeroll*

    UPDATE: Thanks so much for replying everyone! After sleeping on it I've calmed down a bit. Y'all are the voices of reason. I don't intend on calling them back because honestly it seems like a scam. They scanned the gift certificate prior to me leaving and said I was good. Whose to say if I take it back there will even be money on it? Again thanks for all the input and calming me down.

    submitted by /u/dancingwildsalmon
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    Airline didn't serve a gluten-free meal, but told me it was. Spend a day of my already short holiday in bed, now what?

    Posted: 05 Jan 2019 06:05 AM PST

    Hi guys, I suffer from rather severe coeliacs. I flew to NYC with an American airline and was served a gluten-free meal. Honestly, the meal was rather good, but they've added a bag of breadsticks which turned out not to be gluten-free, which I didn't find out until later, and I spend a day in bed with cramps and diarrhoea which is quite a waste when you're only in NYC for a week. I'm sending them an email, but I'm not really sure how to put it. If someone could read through it and help me improve it, I'd be much obliged. English isn't my native language. Thanks in advance!

    "Dear sir/madam,

    I suffer from heavy coeliacs' disease. During the flight to Newark from Amsterdam, just before landing, I was served a gluten-free meal. When the platter was handed to me, there was a bag of breadsticks on it: These turned out not to be gluten-free, which I found out the hard way. I've spent the first day and a half of my (already rather short) stay in New York City in bed and have experienced heavy cramps. I kindly suggest you have a good look at your gluten-free meal choices, and would like to hear back from you.

    Yours faithfully, "

    submitted by /u/FlyWithMeh
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    Forced to work in 45 degree Celsius heat (113 Fahrenheit)

    Posted: 05 Jan 2019 03:46 AM PST

    I work in a cafe is Sydney, Australia.

    There is a heatwave going on in Sydney at the moment with temperatures reaching the high 30s (over 100 degrees Fahrenheit). As a barista at a cafe, I'm standing in front of the coffee machine which produces extra heat meaning I'm working in 45 degree heat (I know this cause I have a thermometer near me at work). It's very humid heat as well.

    The cafe has an air conditioner but it's basically useless because there isn't enough electricity being supplied to the building to run it properly (that is what my boss told me).

    I've approached my boss about the extreme heat and she has said that she doesn't make enough money running her small cafe business to justify spending money to fix the air conditioner (I don't really believe that). I asked her if she could at least buy fans, or maybe some other sort of cooling but she has said no.

    Customers complain all the time, and it probably isn't hygienic that all the employees are sweating all over the place.

    Is my boss breaking some law by forcing her workers to work in such conditions? From what I've read online, she has to do everything that is "reasonable and practical" to ensure her employees health and safety? Surely she's breaking some health and safety law.

    TLDR; is there a law that protects cafe workers from being forced to work in excessive heat, because their boss is too cheap to fix the air conditioning or buy a fan?

    submitted by /u/abcdeyhfd
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    [Ontario] I host a small private website online for our Eve Online Corp, last week i received a GDPR document for a user that we removed from our community. I am also being told that we must scrub any reference to this user within 30 days and provide proof of it? Do i need to do this?

    Posted: 05 Jan 2019 12:25 AM PST

    Hi,

    I host a small private website for our Corp in Eve Online, we just have basically a small private forum for about ~70 of us to keep in touch. We also have a public killboard (basically shows stuff we lost or killed) for our corp. This is currently hosted on Amazon.

    Three months ago we booted a user out of our group, who i am just going to call Bob. Bob was basically banned from our private forum and from our in game group, however i know Bob is an EU citizen, but i am not and our server is hosted in North America.

    Last week i received two scary looking document by registered mail from some legal firm in Europe. The first document from what i can understand is they want a fully detailed record of every bit of Bob's data along with detailed documentation about how this data was stored, and many other things (its like 50+ pages long).

    The second document i received was much smaller and was basically demanding that i remove all record of Bob ever existing, and provide proof of this. If i fail to comply with this demands, within 30 days i will be apparently reported? I can delete the user from our forums, but that won't delete the users posts. Also our killboard basically pulls data from an external source, so i can't remove him from that.

    I called the number on one of the documents and was directed to some french law firm, and it seems like a real company. I looked online and i get a lot of really mixed messages from what i am supposed to do. I don't really know any of this stuff, but as a Canadian Citizen can i just ignore this?

    submitted by /u/LegalQuestion121112
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    Land lord has sold house and given me no notice to leave. There are pictures of my room posted to the internet by the company selling the house, and I had no idea. Any advice?

    Posted: 05 Jan 2019 09:01 AM PST

    Hello everyone, Sorry for formatting and anything else that might not be quite right. I'm usually just a lurker.

    This is all happening in Northern Virginia. I live with an old friend, I've know him for about 15 years. He owns the house outright (inheritance). I rent a room from him on a month to month basis, and I've been here 3 years as of this month. I pay rent every month without fail. He is a terrible land lord, but it has been pretty simple for me here.

    A mutual friend contacted me last night and after some conversation they could tell that I didn't know what was going on. My friend informed me (with text conversation screen shots) that my land lord has sold the house, is signing papers on the 15th and has a moving container scheduled to come here on the 10th. I was never given any sort of 30 day notice, even though I talk to my landlord every single day. The only kind of warning I have was in the middle of December he said he would like to sell this house by the end of January, So I was already planning on being out by the end of the month. My land lord is the laziest person I've ever met, so I assumed his lack of moving from the couch meant he hadn't done anything. Well I was wrong.

    So with the new information in mind, I went to my parents place to chill out and not throw a fucking fit. I tell my parents what's happening and my mom types my address into google (for some reason doing this never crossed my mind). Well sure enough there it is. My mom opens the ad selling the house I'm living in, and guess what, there are pictures of my room and all my stuff posted on this website. I was never ever informed about this happening. Best of all, my landlord even lied to me. I noticed back in about November that something in my room had been moved, we had another roommate at the time so I was worried that the other roommate was going through my stuff while I was working. I asked landlord if he had any reason to be in my room, he tells me an HVAC guy came to check out the ducts in the attic (I can't believe I believed him). I now know for a fact that it was some dude walking through the house taking pics. I am very offended, and I feel like my privacy has been breeched on a pretty intense level.

    So R/legaladvice, I'm just curious if there is anything of substance here. I know he is breaking the law by not giving me a 30 day notice, but is there any real action that can be taken? Is there any sort of invasion of privacy case at all? He has definitely broken laws, but is it worth talking to a lawyer? This friendship is already ruined, so i definitely would take legal action if there is a case.

    Also, I have not told my landlord that I know about all of this because I want a little advice first. I'm going to take steps towards being prepared to leave by next weekend because I no longer trust this guy and actually believe he would throw my shit out on the driveway and just dip out while I'm at work.

    Please help! And thank you all for taking the time to read this. I obviously have things I need to start taking care of today so please forgive me if my responses are slow.

    TL/DR: no 30 day notice from landlord. Landlord let realtor in my room to take pics and post them to the internet without informing me and lied to me about it. Looks like I have just over a week to sort my life out.

    submitted by /u/DadsOld77
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    Nudes leaked without consent

    Posted: 05 Jan 2019 05:14 AM PST

    Texas Hi, late yesterday afternoon I started receiving a ton of kik messages feom random people who all had the same various photos of me that I had only sent one person. I was told they were on 4chan and I know exactly who did it. Will going to the police with screenshots accomplish anything?

    submitted by /u/blatantquestioner
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    Can the property owner of the scene of a rape press charges against a rapist?

    Posted: 04 Jan 2019 10:10 PM PST

    Hello, this is a very serious topic of course. One of my friends threw a house party at his house. A girl at the party was raped. The security cameras did not catch the actual rape but they do catch him outside basically begging the girl not to press charges on him. The home owner is wanting to know if there's any legal action he can take against the rapist? The victim is not wanting to press charges at this time. So, to me it seems like there is nothing further that can be done to stop the rapist. Plus, it feels like a potential violation to the victims privacy, unless there is a way for her to remain anonymous. But just checking any options. The state is Arkansas if that effects anything. Thanks!

    submitted by /u/lilredswag
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    I missed a jury duty summons because i was away at school. Now there's a warrant. What do I do?

    Posted: 05 Jan 2019 09:56 AM PST

    Situation is as described. I was living in Massachusetts, but attending college out of state. A jury duty summons went to my old Massachusetts address and I went blissfully unaware until receiving a call from a friend whom I gave permission to collect my junk mail etc. that there is a MONTHS OLD warrant in the mail for me. I haven't been pulled over so this hasn't been an issue yet, but what do I do? I had no idea I was summoned, as I didn't go home for the summer or fall due to work. Is there a way out of this? What are the consequences I might be facing?

    submitted by /u/dwayne_the_roch
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    My friend has been cyber-stalked by a guy for 10+ years and now he talks about visiting her - what can she do?

    Posted: 05 Jan 2019 08:41 AM PST

    *Edit - We are in the USA. The stalker lives in TX. My friend lives on the west coast.

    Hey everyone - using a throwaway for obvious reasons. This post isn't about me specifically, but one of my best friends. For the last 10 years, my friend (we will call her W) has been cyber-stalked by someone who went to college with us and it's gotten to the point where he talks about finding her and visiting her.

    A little background - my friend is literally one of the most beautiful women I know. She graduated medical school and is now wrapping up her residency (so beauty AND brains!) She is a fun, social person and was in a sorority when we were in college. She's a total catch.

    In 2008-2009, a guy from a neighboring fraternity, we will call him T, either noticed her a at a party or had a class with her at one point (she doesn't remember) and became obsessed with her. W is 99% sure she never physically met this person, or has even spoken to him. She would receive flowers from him, dozens of messages online, etc. When she would block him, he would create more accounts (FB, Twitter, Instagram, SnapChat) to keep in contact with her.

    I was W's room mate between 2009-2016 and at first thought nothing of it. She didn't talk about it too much but I knew a guy was bothering her online. I figured that was just normal for her, given she was a gorgeous, social women working towards becoming a doctor - what guy wouldn't be bothering her?

    This is where it gets creepy - this past summer I visited her for about 4 days and had a great time. However, within the first couple hours of getting off the plane, he starts messaging her about how he hopes we have fun on our trip (along with some other crude messages - paragraphs long). Now both W and I have public Instagram accounts so I'm not surprised he was able to see that I was visiting her. Honestly, I totally forgot about this guy until W brought him up at dinner. The fact he was mentioning me in his posts now got me interested so I decided to look him up on Instagram for the first time. I couldn't believe what I saw -

    T had created dozes upon dozens of accounts "dedicated" to W. He would post probably 10 times a day with a caption on each photo about her, her family, etc. The majority of his photos (hundreds of them) are just of his face, all captioned with how badly he wants to see her, have sex with her, cuddle her, be with her, etc etc etc. I mean this guy is totally out of his mind. How can he be so obsessed about someone he's actually never met? At one point he had an Instagram account of JUST dick picks. He sends personal messages to W (paragraphs long ranging from innocent to completely inappropriate) and comments on her photos constantly. I had no idea it was this bad. W has never once responded to any of these messages or comments and blocks the account every time he creates one. W fears that even messaging him to stop would be "acknowledging" him and he would take that to another level. T has recently started posting about "not giving up until he visits W" and has a plan to come find her. I'm really scared he will hurt her, or even worse. We've reported him several times to Instagram but they dismiss us every time.

    Is there anything she can do? Any action to stop this or protect herself? This guy is mentally deranged (he has been in and out of a mental institution at some point between 2009-2016) and is completely obsessed with her. I've been telling her to take screen shots of anything he sends her or posts about coming to see her. We literally don't know what to do.

    TL/DR: Friend has had a cyber-stalker for 10+ years and now he talks about visiting her. What can she do to protect herself?

    submitted by /u/stalkedforadecade
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    [MA] Sat in an urgent care until closing and they won’t refund my copay is this legal?

    Posted: 05 Jan 2019 12:57 PM PST

    Went to urgent care, (it's a Saturday or I would have gone to my PCP and didn't want to go to ER) went after work unfortunately at 3:15. I checked in, they took my insurance information, I paid my copay, sat in the waiting room with 2 other people. Then at 4:55pm they told us we must leave and couldn't be seen today because they are about to close at 5:00pm

    We are all very upset. So before we left I said wait, do we still all have to pay our copays or are we getting refunded? The woman at the front desk said no we still have to pay a copay since we signed in and she had to process our paperwork but wouldn't bill the insurance agency. Wait, what. So you're going to steal our $30-$50?

    We (patient in waiting area) all exchanged emails after we were told her supervisor wasn't there and she was the only one (it did look like she was the only one) I have never heard of this! I have huge medical bills and this really stinks to waste $30! Now we all have to go to the ER to be seen for our various issues tonight since the other urgent cares are closed which will be even more expensive and we were verbally told we could be seen today.

    So we are not being refunded our copays, unsure if our insurance is actually going to be billed, and having to go to the ER for our issues even though we were told we could be seen, is this legal?

    TLDR: Went to urgent care, we are not being refunded our copays, unsure if our insurance is actually going to be billed, and having to go to the ER for our issues even though we were told we could be seen, is this legal?

    submitted by /u/throwawayquestionss1
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    Can they do this?? Company taking away job offer but not saying why?

    Posted: 05 Jan 2019 09:23 AM PST

    Kind of a long post ahead but I don't know where else to ask and need some advice.

    I just moved from Utah to Las Vegas. I landed an awesome job at the Cosmopolitan Hotel. I beat out 30 people in a group interview and then had to have 3 more one on one interviews to get this job, so I feel I definitely earned this. All that was left to do was a drug and background test.

    *Some backstory, I have nothing on my record and even have a federal insurance license in all 50 states. You have to be squeaky clean both credit and criminally to obtain this license, especially in every state. However, I am the victim of identity fraud. Both of my parents have used my social since before I was even an adult, so occasionally things they have put in my name will pull on a background check. All I have to do is show the person running my background that the items aren't mine (which I can) and it's fine. *

    I took the drug test and passed fine and then two weeks went by and still nothing. I was told it wouldn't take longer than that. So I gave the HR department a call and she said that "She has no info on background checks and I would need to call ADP" (the company running my report) I was confused because they were just the company providing the report they don't make any decisions but I called them anyway. Sure enough, the representative was confused and said she could tell me what was on my report, but she didn't know if or why it would affect my job. She read me the things on the report which were a traffic ticket and some fraudulent credit things. I told her about the credit situation, and she helped me dispute it. She also told me to call the Cosmopolitan and let them know of the situation and ask if there was anyone I could show the fraud documents to while she disputed it.

    I called them back and the HR representative was super rude. She kept telling me that no one at the hotel made any hiring decisions, and even though I could provide documents showing my report was inaccurate, "everything is done through a third party" who she refused to provide the contact info for. She said no one in the entire hotel has that info. How are you making hiring decisions if you have no contact info for the people doing it??

    Anyway, a few weeks later after trying to call and email with no success, and no attempt on the company's part to contact me, I finally get an email rescinding my job offer. All it says is "All job offers are contingent upon the successful completion of a background check. Unfortunately, due to the results of yours, we have rescinded your offer." That's it. It doesn't say what on my record or why. I don't have anything on my record!!!!! I have never failed a background check I am a working professional. I've called the hotel numerous times and they tell me they don't have any information on hiring decisions.

    What can I do? I just want the job I was given I can't find anything comparable to the pay or environment this job had. I have done nothing wrong and I feel it's wrong for them to be doing this and especially just get away with it. Any advice is welcome. Thank you!

    submitted by /u/VegasVibes13
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    (USA-FL) Rent late however paid online, not sufficient enough

    Posted: 05 Jan 2019 06:11 AM PST

    Rent is due on the first. Due to emergencies I had to wait until the 4th of January to pay. I knew I would be late and I accept it. My direct deposit kicked at 3am on the 4th. I woke up and paid my rent in full via an online app like I always do (around 8am), like they always accept. I paid my $1166. I was expecting to get hit with some type of late fee. In my contract the late fee is $75. I check my bank account mid day and the payment was made.

    However I arrive home to a letter on the door... now the apartment complex states I owe $1166 in full as well as $100 late fee. I inquired about the $1166 payment as I already informed them I paid them online. They have barred me from the online app so I cannot show them their receipt. I further showed them my bank account which shows a payment made...and accepted... to said apartment complex for the amount of rent owed, minus the late fee. I told them I understand the late fee but making me pay rent twice as a late fee?!?! I demanded they print or go over my contract in full in order to understand where it is in the contract and so I can compare my contract from renewal with whatever contract they say they are getting this information....and they declined to print or show. They stopped talking to me at that moment and demanded the full $1266 in rent by the 9th or "face the consequences." I asked what the consequences were and I was told to leave because the conversatino was over and I know what I needed to do. This is my first time being late with rentafter staying with this company for 2 years...and first time late with rent ever.

    I was not rude, I was not loud, I was not mean, I was calm collective and trying to understand the issue. What rights do I have at the moment? What rights and I being denied.

    submitted by /u/GB88
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    Son (5) sexually assaulted by another student at school for months.

    Posted: 05 Jan 2019 10:30 AM PST

    My son has been bullied by another student all school year. It started on the bus where I reported it multiple times. This bullying was mostly name calling and stealing his things. I spoke with the assistant principal multiple times including in person. He remained in the same class as this boy and forced to an assigned seat with him on the bus.

    I found out yesterday that this other student has been forcing my son to partake in sexual activity in the bathroom for months. My son has been so afraid of this boy and getting in trouble he hasn't told until now. I also found out the last bathroom encounter with this boy the teacher walked in and caught them. My son isn't sure of what all the teacher saw but told me both boys got in big trouble. I was not notified.

    So far I've consulted his doctor, and the police, My son has a GAL (divorce stuff) who was consulted as well as a therapist he sees weekly because I've suspected something was going on but I thought it was at his dads.

    When I told my son I wouldn't send him back to that school he cried because he was so happy.

    Is there any action I can take against the school for allowing this to take place

    Edit: located in Ohio.

    submitted by /u/amaurra
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    I make money on some American websites, can I lose my F1 visa that I got?

    Posted: 05 Jan 2019 11:16 AM PST

    I use sites like redbubble, and society6 to earn some money with some of my designs. I earn dollars, and they pay me on paypal.

    I know I'm not allowed to work in the US with my F1 outside the campus, unless under certain situations, but does it count as work if I'm getting passive income from those websites via the internet?

    Will I have problems with the IRS now even though I pay taxes in my origin country?

    I'm not very clear on those details, any help would be appreciated.

    Edit: Going to live in California.

    submitted by /u/RocketA2
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    My wife sustained serious injuries from an uninsured motorist, and my medical insurance provider will likely lay claim to any settlement under ERISA laws, while denying coverage for all the bills. I'm pretty sure we're just screwed. What can I do? (Indiana)

    Posted: 05 Jan 2019 11:38 AM PST

    Background: Last November my wife sustained serious injuries in a major auto accident. An unlicensed, uninsured, unemployed driver darted into her lane to pass someone and hit her head on. She was going 55, witnesses said he must have been going 70. The police report cited him for unsafe lane change along with several other offences, so there's no doubt that she wasn't liable. She ended up with a broken neck (C2 vertebrae) and still has a 50/50 chance that she'll need her neck bones fused together. She broke a rib, broke her right hand, and her ankle was shattered. Broken tib/fib, shattered calcaneus, etc. She will need several more surgeries before that's corrected. She's lucky to be alive. We're looking at 3-6 months till she can walk again, maybe a year until she's fully functional. She was also working part time, providing ¼ to 1/3 of our income. Being part time also means no unemployment or FMLA benefits. We also have 2 kids who are starting their first year of college in the fall, so to say money is tight is an understatement.

    Here's where I need your help. My job is (and always has been) to plot a long term financial path for our family. We have an HSA that I deposit enough into to cover our max out-of-pocket amount each year – about 5k per year, so we're good there. We have enough cash savings to replace her income for about 6 months, which I always thought was plenty. It's what everyone recommends. After that we'll be eating into college funds, or just not eating. We're about 10 years from retirement, so I'd rather not use our 401k savings. We have Farm Bureau car insurance (in Indiana), and I carry 100k of uninsured motorist coverage, plus 5k medical. My agent and I both agree this will easily max out the 100k, but that my health insurance (Aetna) will likely put a claim on it to cover their costs. I work for a large company, so it's highly likely I'm working with an ERISA plan which, if I understand correctly, trumps Indiana's "make whole" doctrine. So it sounds like we will basically get nothing out of this but medical bills that Aetna refuses to cover, and the joy of permanent disfigurement. They've already started sending denial of coverage letters. I've briefly talked to one lawyer about helping us fight to keep some of the settlement, but he just seemed… shady. We have an appointment to talk to another one next week. Can anyone help me set some expectations of what I can expect this to lead to? Right now all I can see is bankruptcy, which seemed so unlikely just 3 months ago. We have insurance. We have savings. What the hell. Please help.

    submitted by /u/b0tman
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    Neighbor threatened to sue over stray cats [California]

    Posted: 05 Jan 2019 12:38 PM PST

    Hi legaladvice, first time poster here and throw away just in case.

    There have been these three stray cats in my neighborhood for the past 8 months or so. Everyone in the neighborhood loves them because they are so friendly. So my neighbor took it upon himself to feed them but stated that he had no intention of bringing them inside, vaccinating them, or spaying/neutering them, and that if anybody wanted them they were up for adoption. He said that to us once in the summer and another time late November 2018. On New Years Eve we had a few guests over and one of them saw two of the three cats sleeping on our front porch. She decided that she wanted to give them a home, so we immediately put them in the garage and went to buy supplies for them. Later that night she took them home and the cats acclimated within the few days they were there. On January 2, 2019, said neighbor came by and asked where the cats were, and when we said that someone adopted them he told us that he misspoke, that the cats were not for adoption and that his kids already considered them to be theirs. We asked if he planned on vaccinating and spaying/neutering them and he said that he would not. He has the third cat and he said that he will not let it inside, all he will do is let it sleep in a box in the garage and feed it. That's it. He wants us to get the other two cats back and if we don't comply he will sue us for them. Neither of us have them registered, but they are currently in the process of being registered by the new owner. We have called my local police station and they stated that you are supposed to have them registered within 30 days, but I'm scared that he might still have a case. If he does go through with suing us what should we do?

    submitted by /u/catlawsuitthrowaway
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    Charged $1000 extra by a property on Booking.com

    Posted: 05 Jan 2019 03:42 AM PST

    TL;DR found a place in Downtown Chicago that had mixed reviews. Reached there to find that manager was not present. Got checked in by someone else and didn't meet the manager for the entire stay. During the stay and after checking out, my card was charged a total of $1400 in 3 extra transactions when I only owed them $400.

    Hey people,

    Apologies for the wall of text. I'm just very agitated right now and wanted to tell you guys everything that happened. Its all just so bizarre.

    My friends and I wanted to spend the New Year's eve in Chicago and we were looking for a place on Downtown Chicago. Found this place, called Pangea suites, that had really great location with affordable prices but also had mixed reviews. Some said the property was the best while others said it was very bad.

    I was desperate to find a place so I thought I'd take a chance and booked the place through Booking.com. I was charged ~$410 for 4 days and was told in the confirmation mail that I'd have to give $250 damage deposit (in cash) at the time of check in. I thought it was shady but the $400 were non-refundable so I thought I'd just go with it.

    When we reached there, the front desk clerk of the building told us that the building had a number of hotels, AirBnBs and apartments. And Pangea suites, the place we were booked at, was also one of the businesses in this 20+ story building. The clerk told us the Pangea suites manager had an office on the 14th floor but they'd been fired recently (and allegedly fled the country) so they didn't know if there would be anyone there in the office. There wasn't. They also gave us numbers where we could reach the host, all of which were out of service.

    The clerk, however, had details of the guests coming in and she gave us our one key card to share among 4 people. We asked for more but they said the Pangea suites people only gave them one card to give to the guests.

    We went through all this and stayed there for 4 days, having had no success in contacting the host or the housekeeping. We were basically on our own there.

    On our first day there, I was charged an additional $250 and $39 for some reason. Contacted Booking.com about getting us relocated but they said they could only give us only $290 back, out of all the money I was charged, that I can use to rebook some other place.

    That was unacceptable but we didn't have any other option so I put a hold on those overcharges through my credit card company and just completed our stay there. Never saw the host once for the entire duration.

    We checked out on New Year's day and the next day, another charge of $696 was put on my account by the same merchant - Pangea suites - for whatever reason. I again contacted my credit card company and disputed this charge and they told me I don't have to pay for it until the investigation is complete. I also put in 2 overcharge requests at Booking.com for the 2 sets of transactions.

    I don't know if there is anything else I can do on my part. I'm just baffled about having been hustled like that, especially by someone who couldn't be contacted to fix the wifi but graciously charged my credit card.

    I'd love some advice on what I can do to get my money back and get back at those people somehow.

    submitted by /u/fevildox
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    Screwed by dealership

    Posted: 04 Jan 2019 10:16 PM PST

    Last summer, I traded in my lease early to purchase a new car. As part of the contract, the dealership agreed to pay off the remaining lease on the old car to close it out. A month ago, I received a letter from the lease finance company with a massive early termination invoice (nearly $6000). I called the lease company to find out why I was being charged an early termination if the dealership was supposed to pay off the remainder of the old lease and bring it to full-term. The finance company informed me that the dealership shorted the de-buy (amount to close the lease) they were quoted by several hundred dollars, and so the lease did not come full-term; it was considered early termination and thus subject to this huge invoice. I've tried to work this out with the dealership but they aren't willing to make this right.

    1. Do I have any grounds for misrepresentation, fraud, or similar?
    2. Should I report them to the BBB?

    TL;DR: During the sales process, the finance company told dealership it would be $3000 to close out the lease. Dealership told me it would be $2700 to close the lease and they would pay it off as part of the contract. The $300 shortage sticks me with a $6000 early termination invoice.

    submitted by /u/maverick_hunter
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    Should I quit or take some legal action ?

    Posted: 05 Jan 2019 02:43 AM PST

    Hello, I'm 31, I am a native resident of France and a close friend of mine suggested that I use reddit to get some advice on an issue I am having. He said that reddit is an incredible place where many people share experiences and have often helped each other in crazy circumstances, so I am giving this a try…..

    For the last 10+ years I have worked for a very large company in France that I am having many issues with. I have been a very hard worker but my body has been breaking down due to a rare disease I have, which has been diagnosed 6 years ago. This means I have to take medication every hour of the day, even during the night. This leaves me with a lot of physical pain that eventually leads to me having episodes of passing out and being hospitalised.
    When my disease was diagnosed, I moved out next to the sea because doctors were telling me I would feel a big difference with my symptoms (humidity in the air, less pollution..) And I did, I was being hospitalised less often after that. But the distance from my work was bigger, now it's taking 4h30 combined daily commute to go to work, I wake up at 4am, and go back home at 8pm. I requested to my employer to be transferred to a closer place to where I live (I could be transferred in the same town), but they're not making the effort saying it's complicated.

    Recently my mother died of lung cancer, leaving me with the sole burden of her estate, funeral and guardian of my 17 year old sister. At this time, many other unfortunate events happened at the same time that have also contributed to my health now being in a very bad place. For example my partner decided to leave and the financial burden of paying for our house by myself. It's been a very hard few months….
    Just to put into context what happens with how bad my health is, the last time I passed out I was cycling and had a head trauma among other things……

    I was working half time during the past year (disability, order from the doctor from my work) until last October. Then, an expert decided that I was able to work full time again. Of course I contested the decision (I've sent a letter as a proof, it can take months before I get an answer). All of the specialists that I see were shocked when I told them. The thing is, what the expert based his decision on, was a wrong previous diagnosis. I was not aware of that. Then I knew that the « title » of my disability was wrong, because at that time, the doctors had not found the diagnosis of my disease yet, so the doctor from my work decided to put something else (kind of defining a depression).

    The tricky part is coming. They added my disease to the motive of my disability, keeping the depression as well. Now that an expert said I was able to work full time again, if my doctor is writing me a certificate saying I can't work, it has to be for a different reason that the previous motives, or new elements that happened. So it can't be either for the many symptoms of my disease, either the depression, since the expert said despite my disease I was able to work full time (he was barely aware of what was my disease exactly). The thing is, there are new elements.

    I lost my mother, I'm taking care of my sister, who is very bad at the moment. She is hurting herself, she's attacking me verbally and physically, and she does it on the dog when I'm not there. She's seeing a psychiatrist. I have to constantly keep an eye on her. I'm all alone, no family left helping. I'm trying to find a new place, smaller and cheaper, I'm spending every minute of my time and my energy on her, my dog, the responsibilities, I don't even have time for myself to do my mourning.

    When my doctor wrote I couldn't go working because of anxiety and depression, the doctor from my work refused it, saying it's the same motive that before, and since the expert said that despite that I was able to work full time, they won't accept it. So my work was not paying me whilst I was not going to work, putting me in a difficult financial situation. I was simply choosing to not go feeling I could faint at any moment. And I can't be hospitalised right now, because I have a teenager at home I need to take care of.

    What makes it difficult for me at work, are the heat, the air conditioning, no windows at all, and the pollution being in a big city, all of this is making it very hard to breath for me, my health is just deteriorating.

    I think they are waiting for me to quit, which would be the easiest way for it to stop. Except that I don't want to let them win, and I can't have the luxury of not having a job right now...

    As I said my doctor writes me notes and supports me as he knows that my situation is quite severe. The doctors from the company have implied that they have to declare to their bosses formally that I am capable of full time work otherwise they will face their own severe repercussions. Various people at the company have tried to help me make a transition to a job location closer to where I live and to be part time, but the company are insisting on doing everything they can to force me to quit. For anyone who understands employment law in France this is all very evil of late. I have worked there for more than 10 years and have been very consistent and loyal. But I now feel that I have no other choice but to either quit (which would leave me in the worst financial situation now that I have to be the legal guardian of my sister and pay for the house I am trying to move out of but can't get another if I don't have a job) or that I take some kind of legal action…...

    I will stop here because this is already quite lengthy. Any help or advice would be greatly appreciated. I am an open book so I will answer any and all questions people might have without getting into further trouble with my employer. My union and doctor are involved but at every turn it feels like I am powerless to find a way through this.

    Thank you for your consideration, any help is very much appreciated.

    Many Thanks

    F

    submitted by /u/DoudouFlo
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    Vaccination issues with Ex wife.

    Posted: 05 Jan 2019 10:38 AM PST

    I understand this is a touchy subject and I would appreciate not being berated for my past stupidity, I am need help understanding my rights as a father in the west coast of Canada.

    I have gotten out of a pretty terrible marrige and am trying to clean up my messes. My ex wife was adimantly against vaccinations, I was under the impression that we would be vaccinating when our child could communicate with us about any adverse reactions and I stupidly/cowardly didn't want to rock the boat and that got me into the mess I am currently in. We each have 50% custody of our child. I have tried talking to my ex about vaccinations recently and she has told me in no uncertain terms that she is 100% against any and all of them.

    What are my rights in this matter? Is there a possibility of legal ramifications if I were to go about getting vaccinations without her concent? Do I need to go to court in order to protect myself from any possible legal conciquences?

    I understand that I should be contacting a lawyer about this, but I am currently digging myself out of debt from getting my own place and providing a healthy and safe living enviroment for myself and my child. This is all causing me a great deal of stress to the point it has been keeping me up at night and I have no idea where to turn for information.

    submitted by /u/HelpMeUnderstandCan
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    Roommate is moving and might be taking MY stuff with her

    Posted: 05 Jan 2019 12:19 PM PST

    Sharing a 4 bedroom apartment in Connecticut with a crazy lady.

    Last night she was rifling through our kitchen noisily looking for her things. I walked in and saw that she was packing my oven mitt. Not the biggest deal, I know, but I'm all about principle. I told her it was mine, she insisted it wasn't. After some arguing, she says "fine, if it's so important, just take it" as if she is so generously letting me keep MY thing.

    Next, she tries to pack a large throw pillow that I got FROM MY GRANDMOTHER. I point this out, she insists it belongs to her. I contact my mother who confirms growing up with this pillow. Again, I know it's just a pillow, but this solidifies the fact that I CANNOT trust her judgment of what is "her's" and I have been burned before by other roommates making off with my things.

    What should I do? Are there laws regarding these scenarios? I asked her if we could look at and agree upon what she is taking, but she obviously refused. I would really appreciate some advice! I'd be happy to elaborate if needed. Thanks, friends!

    submitted by /u/49Darkstar
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    [USA, MO] Parents receiving smoker surcharges on insurance and have never smoked, have tried to change it three times to no avail

    Posted: 05 Jan 2019 11:14 AM PST

    The title is pretty much the TL;DR.

    Insurance for my family is provided through my Mom's employer and we've never had any issues and have good coverage through them. She completed filling out all the information for the new year back before the deadline in November. However, when she received the confirmation email, she noticed both she and my father were marked as smokers on the insurance plan. Since then she has called, emailed, and spoken to the insurance providers three times to get this straightened out, and each time they tell her it is fixed. She has printed receipts of each time proving they changed it back, as neither one of my parents have ever smoked a day in their lives. She also has screenshots of all email correspondence.

    This brings me to today- she's paying the bill and notices additional surcharges we shouldn't have. Low and behold, her and my dad are getting charged an additional $20 a month each for being smokers. They're listed as being smokers, yet the plan name states all persons covered under the plan are tobacco free. I'm pretty sure the name of our plan is literally "[Insurance Provider] Silver Tobacco Free". She spoke to her coworker and it turns out she had the same issue with being initially marked as a smoker, however it seems hers was resolved before she started getting bills for the new year. She tried calling the insurance provider, but as it's a Saturday, they're closed, so we won't hear back until at least Monday.

    If it failed to get corrected after the first time I would assume it to be a mistake, but it's been three separate times now and they still haven't fixed it. Is this legal? If the company won't change my parents back to being listed as non-smokers, what would the next steps be?

    submitted by /u/wearshoodiesinsummer
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