New car hit?: Our new car was hit from behind while waiting in line at Starbucks. it caused a scratch down to the metal. The scratch was obviously caused by the screw jutting our from her front license plate. The lady got and said--oh I am so sorry, it was my fault and gave me her license and we took pictures. She said they would take care of it. Many emails and texts later--we received estimates as requested and they emailed that they didnt want to fix the car and now denying that it was caused by them. Can we take them to court--we have all the emails and pictures? The cost to repair is $650--$800. Thank you
Sam’s answer: With respect to the minor damage to your vehicle brought on by this small fender bender car accident, given the at fault party's lack of response, you need to send her a certified letter with the estimate and pictures of the damage demanding that she pay for the damage within ten days or you will file a lawsuit against her in small claims court seeking damages, including the filing fee and the cost of gas for you to get to and from the courthouse. If you are forced to file suit, draft and attach an affidavit with your recitation of the facts to the complaint and then personally or notoriously (substituted service) serve her. Remember to double check Ohio law in this regard.
Can a Mayor restrict a fellow commissioner from publishing state government news in the city,s free and no cost Newsletter?
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We have a city newsletter and one of the Commissioners has been letting the local residents know what the state officials are proposing that effect our "Quality of Life", the current Mayor has banned this Commissioner from publishing this information, saying no one reads this crap. The city manager is new and afraid of this little Dictator, can we stop this abuse of power?
Sam’s answer: Notwithstanding Florida State law and based on your brief recitation of the facts, it sounds like this mayor is not only attempting to impede free and privileged speech, including as to the public health, safety and welfare of the community, but that the mayor is also exceeding his power and authority "possibly" exposing & subjecting the mayor to a an equitable writ of prohibition. What is not clear from your posting is whether the commissions have exercised their right to veto the mayor. If the matter becomes serious enough, then it is also possible to request additional equitable relief in the form of a declaratory judgment. All of this said, there really needs to be a public hearing on the matter for the commissioner and mayor to be able to present their arguments as well as to allow the general public to weigh in on the matter. Remember, there is always the possibility of a conflict of interest lurking that could be driving the mayor. Without knowing more, it is hard to comment beyond the above.
I changed insurance company and was without insurance for 12 days got insurance on the 4th of next month what can i do?: Was without insurance for 12 days ,registration was suspended what can I do
Sam’s answer: The ideal thing to have done before you got new insurance was to get some type of what is called "gap" insurance to cover you while and between the time you transition from your old insurance company to your new one. That said, unless an act occurred during the 12 day period that would call for a claim to be made either by or against you, the fact alone that you were without insurance during this short period would seem to be moot to me.