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Bryan L. Spoon Esq.
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Bryan Spoon’s Answers

104 total


  • At fault driver’s insurance company has extended a settlement offer to me in writing. Can they retract this offer?

    At fault driver’s insurance company has extended a settlement offer to me in writing, along with a liability release agreement. The release agreement provided basically states the at- fault driver can turn around and sue me, and I cannot use the ...

    Bryan’s Answer

    You should definitely consult a local attorney. The two year deadline you talk about applies not only to the at fault driver, but to you. If you let that time limit pass without filing suit against the at fault driver and/or his insurer, the insurer will not pay you anything and rely upon the fact you allowed the statute of limitations to lapse.

    Talk to a lawyer and good luck.

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  • Am I responsible for the hospital lien or is the insured at fault driver insurance responsible to pay after settlement is signed

    The settlement has been signed and their is a hospital lien. I called and was informed that the at fault drivers insurance is responsible to pay the lien. But the insurance company State Farm has not paid. The adjuster told me that they would send...

    Bryan’s Answer

    I can explain at least this much: State Farm is notorious for having a business plan that puts profits over the interests of their insureds, or those of injured third parties. If the settlement you reached included a requirement that State Farm pay the lien, you should be okay. If State Farm continues to act badly, contact your state's department of insurance and file a complaint. Their website is: http://www.tdi.texas.gov/. They should be able to help resolve this. Good luck!

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  • I've been having issuses having my car fixed correctly with my insurance company.

    My car has been dropped off three times so far for repair. Addressing the same issues over and over again, when dropping off. I pick up the car an there is still issues with it and they are not addressed during pickup. The second time was surprisi...

    Bryan’s Answer

    If you are having trouble with your insurer, I recommend contacting your state's Department of Insurance. You can contact them by going to http://www.portal.state.pa.us/portal/server.pt/community/file_a_complaint/9258. If your insurer is denying you rights you have under your policy, the department of insurance can make them comply. Best part is, you won't need a lawyer! Hope this helps and good luck.

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  • Assaulted by neighbor in walkway area inside building. Do I have claim against his rental insurance policy or that of the buildi

    Building owner?

    Bryan’s Answer

    Like any other legal answer, it depends. Did your building owner do anything wrong?

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  • What legal right do I have to retrieve personal property from an ex-girlfriend's house?

    I recently went through a bad break up and left some personal irreplaceable items in her home. I have been told not to come onto the property but some of the items are irreplaceable. She has told me that my items were either burned or thrown in ...

    Bryan’s Answer

    Who told you not to return? You might want to call your local police department and see if they will do a civil standby, essentially accompanying you to retrieve your belongings.

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  • If we gave a 30 day notice to our property managers and then they gave a US a 3 day eviction are we required to still pay rent?

    Basically we had a big disagreement over who is responsible for a specific bill and our property management company became very unprofessional and nast o us so we gave our 30 day notice, in which we stated that due to their behavior in the situati...

    Bryan’s Answer

    I'm sorry to hear about your situation. Under Montana law, tenants have a lot of rights when it comes to the eviction process. I would recommend contacting the Montana Legal Services Association (http://www.mtlsa.org/). They may be able to give you some guidance for free. I wish you the best of luck!

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  • I was served a supeana after the hearing date for custody of child, therefore, not making the date of the hearing. Lost custody

    No attorney. Can't afford one. My X has one. Set hearing date but it was not served until I went to courthouse and requested it. Now it's final and I lost custody of my child. What do I do?

    Bryan’s Answer

    I'm sorry to hear about your situation. I would recommend speaking with a lawyer who practices family law. Just about all attorneys will meet with you initially for free. A lot of us take cases for a reduced fee or pro bono. However, if you cannot find one, I recommend contacting Montana Legal Services Association. They offer free legal advice and may be able to find you a lawyer who will work pro bono. Their web address is http://www.mtlsa.org/

    I would contact them as soon as possible, as time is always a major factor in any lawsuit. Good luck.

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  • I was rear ended 6 months ago, still hurt from the wreck. At what point does insurance stop paying for care?

    I have been going to a chiropractor regularly and the insurance is paying for my dr bills but I'm curious at what point will they stop. I have had to miss work and can't use my left side without causing pain and numbness. After 6 mos I'm startin...

    Bryan’s Answer

    The insurance company has an obligation to pay for all reasonably related medical treatment made necessary because of their insured's negligence. Eventually, they will likely have you see a doctor they hire to write an opinion saying you are fine and don't need anymore treatment. However, to simply stop paying for treatment after they have accepted liability and paid for your care would be a bad idea for them. I agree that to protect your interests, you should contact a personal injury attorney to make sure you keep getting the treatment you need.

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  • My steeps from my porch book and I fell and brook my ankle. now I have a lot of medical bills is landlord liable for them

    the landlord was told about the porch. him and his maintenance man came over about 6 months prior and rigged it, but never fixed the steep. one morning I was walking out to go to work and the steep broke I fell and broke my ankle in 3 places. now ...

    Bryan’s Answer

    Most likely, yes. You indicate that the landlord had knowledge of the problem prior to your fall, which is good. You should request your landlord's insurer and have your landlord file a claim. You should be able to start this process without an attorney at this point, but definitely call one if the insurer becomes difficult to deal with. Good luck.

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  • I have a defective product and the manufacture refuses to honor the warranty due to problems he has w/ dealer where I bought it.

    Spent $2000.00 on a rifle that does not work. Manufacturer TNW Firearms, after already working on it several times, will not replace it because he says I bought it from a dealer that he had problems with. Says to get money back from them. I have n...

    Bryan’s Answer

    What, precisely, is the defect? Also, did the weapon come with any instructions on what the warranty covers and your potential remedies? And where is the manufacturer out of?

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