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Nelson Abbott
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Nelson Abbott’s Answers

12 total


  • I am trying to find out if Utah has a real estate code that requires buyers to sign a contract with a realtor.

    I was told by a member of the Davis county board of realtors that prospective home buyers must have a contract with a realtor. True or false? Where can I find this code on the internet?

    Nelson’s Answer

    No, you don't have to be represented by an agent. However, if the seller is represented by an agent, it won't cost you anything to get your own agent. If you choose not to get your own agent, the seller's agent will just collect more commission (won't be forced to split).

    If the seller has no agent, you are not required by law to have an agent. It may be cheaper to hire an attorney to look over your paperwork than it is to hire an agent.

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  • On December 3 my daughter was hit by a truck while in a crosswalk. She had her femur broke and pelvis broke

    She needed a rod put in her leg. medical bills are all ready at 70.000 dollars and going up. But from what i have been told is his insurance coverage is only 25.000 pay out. I Guess that's the minimum coverage for utah drivers.So dose that mean I ...

    Nelson’s Answer

    If you have health insurance you definitely need to apply for that coverage. If not you may want to explore medicaid. After that you have the bodily injury policy and then the under insured policy.

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  • When your child is hit in a crosswalk is there car insurance responsible for all medical bills

    She was in the crosswalk and he failed to yield.

    Nelson’s Answer

    Yes. In an auto pedestrian accident in Utah, the vehicle's PIP coverage is liable for all medical bills up to the policy limits (minimum under State law is $3,000) and for lost income (up to $250 per week for 52 weeks). After that, the negligent party is liable for all medical bills, lost income and pain and suffering so long as threshold is met. Threshold can be met in several ways, but most people reach it by incurring more than $3,000 in medical bills.

    The fact that your child was hit in a cross walk makes it likely that the driver was at fault. To be sure, a lawyer would have to look at the police report.

    In Utah, children under 14 are presumed not to be capable of negligence, however, the facts may show that the child is capable of legal negligence. Children under 7 are incapable of negligence.

    For these reasons, your child almost certainly has a good negligence claim, in addition to the PIP claim.

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  • Do I need a defamation/slander lawyer?

    I worked for a co. for 5 yrs and was accused of engaging in offensive behavior towards a co-worker(bullying). The director of sales made this false allegation towards me and fired me without any investigation while I wasn't made aware of the incid...

    Nelson’s Answer

    Some states give employers immunity for defamatory statements made to people inside the organization for the purpose of evaluating or otherwise managing the employee. Similarly, some States give people immunity for defamatory statements made during court proceedings. If this is the case in your State, you may not have any claim. You'll want to consult with a defamation attorney in the State where the statements were made. The attorney will ask you who said what, when it was said and who heard it. Only after getting all of those details, can an attorney really evaluate your case.

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  • Getting evicted need help.

    Back in October I was served with an eviction. A day before that I filed bankruptcy which stopped the process. My attorney said don't pay them until the bankruptcy is discharged. Well it discharged before my taxes came in. I owe 3,841 to the landl...

    Nelson’s Answer

    Start packing. By staying past the three day notice you risk paying 3X the rent. That's a steep penalty. Your legal defense is not good. Sure, you can delay the process but not long and at what price?

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  • Is it legal to live in your car?

    I am employed and my car is fully registered and insured but unfortunately don't have many options right now and will be sleeping in my car for the next couple weeks or months. What do I need to know to avoid legal trouble?

    Nelson’s Answer

    In Utah, there is no law against living in your car. The hard part is figuring where to park. If you park on private property, they owner can request that you leave. If you refuse, you could be charged with trespassing. Most municipalities have an ordinance preventing your from sleeping in your car on public streets. The BLM has a lot of land that you are allowed to camp on. You should check with the BLM office and get a map. They sometimes have restrictions about sleeping in the same spot for more than 14 days.

    On a practical note, the biggest impediment to this type of lifestyle is complaints. If people complain, you'll end up having problems. People will complain if you park in neighborhoods or if you car looks run down. We had a homeless man living in a grove of trees across from my office for over a year. The police knew he was there. So long as they didn't get complaints and he stayed out of trouble, they didn't seem to bother him.

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  • Signed a Gym Membership contract underage

    Last January, I signed a contract for golds gym.(I was 17 but gave them my university ID) When I was there they told me it was a one year contract. I made my payments and waited the year. I turned 18 in September and have still been making my pay...

    Nelson’s Answer

    Utah law allows a minor to disaffirm this type of contract within a reasonable time after reaching majority. The trick part here is what is meant by reasonable time. By making payments from September until now, the gym has a strong argument that you reaffirmed the contract. If so, you are bound by its terms. Even so, the law isn't cut and dried on this so it wouldn't hurt to send a letter with your proof of age and tell them that you are disaffirming the contract. The risk is that they will send you to collections and it may hurt your credit.

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  • Does the other party's insurance need to cover my rental car?

    The other insurance has admitted liability and fault. The accident happened in Denver. My car is unfit to drive, being repaired for over a month due to the collision shop, and out of state.

    Nelson’s Answer

    Yes. The law requires them to pay for the loss of use of your vehicle but only for a reasonable amount of time. In other words, you need to act reasonably quickly to get your car fixed or buy a new one if it is totaled.

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  • If my gym want to start charging a fee for something (like no showing) how much notice would they need to give their clients?

    Our gym decided today (Saturday) that they want to charge their patrons a fee staring Monday. Wouldn't they need to post this policy change for at least 30 days? (There is no contract with the gym.)

    Nelson’s Answer

    If you have a contract with the gym then the contract will govern what they can and cannot do. If you have no written contract with the gym then your implied contract will control. There are a lot of variables that can control what they can and cannot do. However, if you have no written contract with them, they can likely do whatever they want. Your remedy is to quit the gym and go somewhere else.

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  • Can an IME be performed 16 months after an accident when you are back to your original condition?

    The other vehicle was cited in the accident. The accident caused an aggravation in an already existing back problem ( 2 back surgeries) Arbitration had taken place and had agreed with my attorney as to the amount of 25,000. Opposing attorney die...

    Nelson’s Answer

    If this is not a worker's compensation claim and you are making a claim against the other party's insurance company, you are not required by law to submit to and "independent medical exam." However, the insurance company is not required to settle with you either. If you don't submit to the exam, they may not settle. In that case, you will be forced to sue. Once in court, they do have a legal mechanism to force you into such an exam. However, they can't call it an "independent medical exam." They have to call it either a defense medical exam or a Rule 35 exam. They aren't guaranteed to get the exam either. The judge will decide if they get the exam. If you are making a claim for uninsured or underinsured motorist coverage, then your obligation to submit to an exam is defined by the insurance contract. You'll have to get it and read it very carefully. Most insurance contracts require you to submit to such an exam, but some don't.

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