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Justin Lee Oliverio

Justin Oliverio’s Answers

18 total

  • Must I go to court for a no yield ticket, can I just pay the ticket (though this resulted in an accident that got my car totaled

    Justin’s Answer

    Paying the ticket is a guilty plea to the ticket. This will be used as an admission of liability (against your interest) in any civil lawsuit that follows.

    You want to report this incident to your insurance company if you haven't already.

    You should consider consulting with a criminal defense attorney before paying the ticket. Guilty pleas can be used against you but a no lo plea cannot. You should get advice re "no lo" risks/benefits from criminal defense attorney.

    If you're guilty and you know you're guilty and you don't want to contest ticket, paying fine may ultimately be your best option. But a consult with criminal defense attorney (who has experience in your court) is likely free or inexpensive and will help you make an informed decision.

  • Can I seek claim against Allstate?

    Justin’s Answer

    You want to gather, organize, and keep all the communications you have with Allstate and your insurance company about the property damage issue and any personal injuries you or your passengers suffered in this accident. From info you have provided, my hunch is that you are going to want to consult with an attorney (especially if there are injuries involved) and/or file suit to move this along.

    If you ONLY have a property damage claim, you MAY be better off trying to get your insurance company to pay you. Your insurance will then pursue Allstate/At Fault Driver. Whether you are negotiating with Allstate or your company, you may find this company helpful. I'm not affiliated them, but they helped me on a PD case in past.

    If anyone was injured, I strongly suggest consulting with an attorney before you do anything else. Allstate has more experience with claims than you, and as you are finding out they will obviously use this to their advantage in this process. You are NOT in good hands with Allstate. And you are not the first person Allstate has jerked around.

  • Can I press charges against my nephew for stealing all my tools and garden tiller value is over$1000.00

    Justin’s Answer

    Another option would be to file a civil lawsuit and ask the court to order return of tools and/or give you a money judgment for cost to replace tools (or their Fair Market Value, after depreciation) at time of theft. If tools are less than $15K you can file in Magistrate Court.

    Criminal charges could result in your family member going to jail and being unable to get jobs for years.

  • Who is at fault when you back out and a car strikes yours and they leave the scene?

    Justin’s Answer

    Hard to tell who is at fault for this collision, but leaving scene of accident may be a crime depending on other facts.

  • Why do insurance companies come back with a lowball offer after demand letter has been sent for policy limit of 100,00 ??

    Justin’s Answer

    It is what you think it is. Insurance companies are in the business of collecting premiums and paying out as little on claims as possible. It increases their profits, and that's their only concern.

    If they know you don't have health insurance and need surgery, they are probably hoping you'll accept a low-ball offer because you need money and medical treatment. This is part of the insurance company strategy. String the needy out as long as possible until they take a low-ball offer because they need the cash.

    Seems like this insurance company is paying you the medicals, but less than $10K for pain and suffering. Doesn't seem like a good result for you based on facts you've given. There may be less advantageous facts the insurance company is relying on that would change my opinion.

    You need to find a way to give them incentive to payout their limits, such as sending a Holt demand or telling them that you want more than $100K if a trial is required to collect on this claim. Theoretically, you should be able to make same arguments as an attorney could. Practically, my hunch is you're going to get more money if you get an attorney. Without an attorney, the Ins. Co. likely expects it can take advantage of you and your situation.

    I wish you the best in your financial and medical recovery! Hope this helps.

  • Can i get a subpoena to view the footage on the bus cause my child was grab and slammed by his neck on the bus seat?

    Justin’s Answer

    Good answers from Mr. Adams & Bridgers.

    Your attorney can send the school system / city and/or county a "spoliation" letter demanding they preserve the video. You want this done as soon as possible after incident.

    Once a lawsuit is filed, a subpoena or request for production of documents can be used to view video if school doesn't let you voluntarily watch video before the lawsuit starts.

  • What does 25000/50000 means on liability insurance and uninsured motorist insurance ?

    Justin’s Answer

    Good answers above. If you are shopping for car insurance from a legal perspective, you ALWAYS want EXCESS or ADD ON uninsured motorists coverage so that it will STACK on top of and be in addition to the at-fault driver's coverage. This increases the total amount of insurance money available if there is an accident/injury. The UM coverage is there to protect you, your passengers, and authorized riders/drivers in your car in case the at fault driver doesn't have enough insurance. Your UM coverage may also come into play if you are injured as a passenger in an automobile accident. Stacking/Add On/Excess coverage you buy yourself is the ONLY way to be guaranteed there is enough coverage in the event of serious or catastrophic injuries and/or death.

    Cost of policy will probably increase so it will feel like you are wasting money now, but it will be 100% worth it in the event medical care is required because of an accident. At fault and UM coverage can pay for medical bills and pain and suffering, which can quickly exceed the limits of $25,000/$50,000 many drivers have.

  • About hit and run, what can be done if you did not get information from license plates

    Justin’s Answer

    Great answers from other attorneys on UM coverage & insurance issues. If you're looking for actual hit-and-runner, you can do open records act request to city/county/police that have jurisdiction over that intersection and ask for a copy of the hit and run footage. You want to send it in quick as it may not be saved long (or at all).

  • Has the Georgia law changed recently regarding rental security deposits held by property manager?

    Justin’s Answer

    Sorry to hear about your predicament. You should consult with an attorney that has experience in landlord/tenant law. You can find a private attorney, or sometimes Georgia Legal Services / Legal Aid / Local Volunteer groups will help tenants.

    Generally, landlord needs a written move-in/move-out inspections to charge tenant for damages. You are also entitled to the opportunity to do a move-out walk through and to review the move-out report. Normal wear and tare cannot be charged to the tenant. What is normal ware and tare vs. damages is debatable.

    The leverage you have is that if your deposit is not returned within 30 days after you vacate, the landlord could be held to be liable for x3 the deposit amount. You should send a certified letter, return receipt requested disputing the damages, outlining your arguments where landlord is being wrong/unreasonable, and demand the return of your deposit to preserve this argument.

  • Over how many years we cam spread a chapter 11 Payment Plan?

    Justin’s Answer

    I've had a number of Ch11 plans confirmed in GA. The Ch11 repayment plan has to meet numerous requirements and be approved by the Court. You have to file monthly operating reports every month, open new bank accounts, pay quarterly fees to the office of US Trustee, and pay a filing fee that is currently $1,717.00 for new cases. Whatever problems/fees are going on in your Ch13 case are going to follow you into Ch11. Your legal fees will be substantially more in Ch11.

    If you don't like the progress of your Ch13 schedule a meeting with your attorney to discuss. If you don't have a good relationship w/ your attorney, you may want to consider hiring another one.

    Best of luck.