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Nick Larby

Nick Larby’s Answers

9 total

  • What should I do next after I hit a pedestrian in this situation?

    Nick’s Answer

    Since the police told you to go home you did the right thing and only should potentially worry if you are contacted. You do not have a legal obligation to turn yourself in for a crime that even law enforcement did not feel the need to arrest you for at the time.

    Even though it may be nerve-racking, I would just wait and let it play out. Since they have your information they will contact you at some point more than likely.

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  • Hi, my name is Yvonne Davis, I forgot to turn in my accident report to the DMV, I wasn't at fault but the accident happened on ?

    Nick’s Answer

    You might need to check to see if there's a requirement that you turn an accident report into the DMV. I've honestly not heard of that requirement before in most states, so you may need to seek the advice of an attorney in your area if it is required by statute.

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  • Who do I contact about taking legal action against the driver at fault and their insurance company?

    Nick’s Answer

    Switching adjusters during a claim is a common practice so I wouldn't think too much about that aspect. That said, the fact that you lost your job due to the negligence of another driver is certainly a recoverable economic loss to the extent that you can prove that you had the job and the reason you lost the job was due to your reasoning as written above.

    You do have a duty to mitigate your damages, but any time lost from work should be claimed and normally compensated for. Consult with a competent attorney in your jurisdiction who who be able to guide you through the process,

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  • I was involved in a car wreak a few days ago where i was not at fault but am suspended will the insurance still cover us

    Nick’s Answer

    The fact that your license was suspended is state specific. Some states may allow a denial of coverage to be made in good faith by an insurer when the driver has a suspended license. However, normally the denial applies to exclude only any claim for non-economic damages. You will need to consult a qualified attorney in your jurisdiction to determine whether such statute or a comparable statute exists.

    To the extent that both vehicles were insured, the terms of the policies and liability laws of your jurisdiction will determine this issue. Due to the nuances, finding a good attorney to help you through these legal issues will be most beneficial to you. I hope you have a speedy recovery.

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  • Can i get paid for my time and troubles?

    Nick’s Answer

    If the other driver did not have insurance then you would either have to attempt to collect from the negligent party personally or submit the claim under your own insurance policy depending on your coverage,

    From your description, it appears that you did not have collision coverage that would enable you to pay for the costs of repairs to your vehicle? If this is the case, then pursing the negligent party directly would be your only option unless you could find other coverage that would apply.

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  • Can an officer snatch you by the arm or search you when you're not named in the search warrant?

    Nick’s Answer

    A police officer will normally be justified in performing a "stop and frisk" of a person if there is a reasonable suspicion of a criminal act and the officer can articulate facts leading to that suspicion. If the officer believes a person may be armed and dangerous they may also stop and frisk the suspect.

    From your description is also appears that the warrant was probably to search your actual residence due to the people that were staying there. If a duly issued warrant was issued to search the house the police must have provided enough probable cause to convince the judge to sign the search warrant.

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  • If i was not cited for a wreck can they still blame me? And the other vehicle involved sent me a letter to fix my totaled car? Y

    Nick’s Answer

    From the facts you have provided, it is still somewhat confusing how the accident occurred?

    As to the core of your question, you can still be "blamed" by the the other driver as being responsible for accident even though you did not receive a citation. Anyone can file a lawsuit, but in the event the other driver does file suit he/she will have the burden of proof to show you were negligent and therefore liable for the accident.

    As to your insurance coverage, we would need more information as to what the $2500 coverage entails? Is it med pay or something similar?

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  • University is asking me to pay for a course I never logged into. Talking with them has failed. What should I do ?

    Nick’s Answer

    As others have commented, if you actually enrolled in the course at issue but never "logged in", you will still be responsible for payment for the class. Most universities have set time frames in which a student who enrolls in a class must un-enroll by a certain date, which is normally around the time or slightly after the class begins.

    It appears that you will most likely owe the cost of the bill since you failed to meet the deadline to un-enroll from the course in this instance.

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  • Can Aarons refuse to take their itwms back? I can no longer afford the payments and they are refusing to come and pick up the it

    Nick’s Answer

    It will really depend on the language contained in the contract or leasing agreement that was entered into between yourself and Aaron's. I'm assuming that this was a rent to own agreement? If so, you may be still bound by the provisions of the agreement unless you can prove that it is unconscionable or have some other independent grounds to be released from the agreement that you entered into.

    With the limited information provided, I would suggest contacting Aaron's and ask to speak to someone in their billing department. If you can explain your current financial situation they may be willing to revise the terms of the original agreement so manageable payments can be made.

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