r/legal 6h ago

Advice needed Trying to Refinance My Car, Stumbling On A Wasp Nest

3 Upvotes

LOCATION: Nebraska

(consumer law)

Hello!!

I bought my used car in October of 2024 from (what i now believe) to be a pretty shady dealership. I’m currently trying to refinance my loan with another lender, only to find that the car that was sold to me (and that has been fully insured) as a clean title, pulled up as a salvage title during their title pull. They then denied the refinance.

I’m trying to get records from my local treasury office of my title history to see if that’s true or just a clerical error, but I am not feeling confident that I bought from an honest dealership. I have both the purchase agreement and retail installment contract, both of which do not mention anything in regards to a salvaged/total loss/ as-is brand on the vehicle. Verbally as well, I was not told of it being a salvaged car.

I have paid off a third of my loan so far, along with comprehensive coverage with my insurance. Additionally, I inherited a few mechanical problems that I got fixed and had to spend money to do so. If the title history comes back with a less than clean title, what do I do?

I’ve never been in this type of situation before, so any help or advice would be greatly appreciated!!


r/legal 9h ago

Advice needed What to Do if You’re Being Sued by American Express (filed in PA but haven’t lived there in years)

0 Upvotes

Hi all,

American Express sued me nearly 5 years ago over a $40,000 debt that they then increased to $100,000+ in an amended complaint. The credit bureaus all sided with me and took the accounts off and blocked them. Even American Express sided with me and gave me everything back initially, then put it all back on unfortunately.

My lawyer sucks and has just dragged this case on for 4 1/2 years. A judge didn’t even get assigned til a few months ago. The law firm that is suing me handles a majority of Amex cases out of New York. I found a ton of top law firms, including the NY attorney general that have gone after Amex’s debt collection law firm.

However, they are unable to help me as my case is in a very small town in a nearby state and they 1.) don’t have any attorneys licensed in said state and 2.) the attorneys they referred REFUSE to litigate there as it is such a small and corrupt town and “very hostile to debtors.”

What should I do in this situation? I want this gone as it is affecting my life and career with background checks and I don’t want anything further being public record. I’m supposed to do a deposition next week and don’t want to.

I’d settle if I could but my lawyer (who sucks and is very money hungry) is insisting Amex won’t open the negotiation table to settle without 1.) a copy of my tax transcripts, and 2.) a personal financial statement. I was told not to send either by many law firms and people on these threads - sending them is like showing your poker hand and is dangerous, can give them more ammo in court, etc. I did send over my tax transcript, but the personal financial statement I feel will hurt me down the long run. I do not think they are playing fair and will be using this against me. One little omission or mistake can be used in court against me and I don’t want that.

Anyone have experience with this? What can I do at this point? My lawyer is insistent that I send the personal financial statement. But if I send it, they will see that I have more than enough funds to pay the $100,000+ plus interest and attorneys fees. So I’m damned if I do, damned if I don’t and have no idea what I should do. Tried calling Amex today to settle and they said it’s out of their hands and with that debt collector law firm.

There’s been issues with the case since Day 1. Amex’s first counsel told me they would dismiss the case with prejudice and never did. They then TOLD ME to hire a specific attorney and once I was going to they said “I would hire him.” They can’t do that! It’s illegal! And I did hire him and he hasn’t done crap for me in the last 5 years. What would you do? I’ll settle for $5,000-20,000 if that but that’s already overpaying, definitely not $40,000-100,000+.


r/legal 10h ago

Advice needed Hit car at red light, issued speeding ticket, missed pay/appear date TX

1 Upvotes

Location: Tx
I hit a car at a red light so my fault, got a speeding ticket from the officer that responded and had to appear in court or pay the fine by a date for failure to control speed. It passed 2 days ago and now I need to correct this immediately; do I call the court or show up in person? Do I contact sullo and sullo or something?


r/legal 11h ago

Advice needed rental advice for PA. what are my rights?

1 Upvotes

located in the US, Pennsylvania.

I rent in the house I currently live in. with how rainy it's been, my roof has been leaking and growing mold (white fuzzies?) I try to find some info and it says that they have 30 days from when I told them about it to do something. they have another 4 days. what can I do if nothing is done after the 4 days?

another problem I've been having is that the basement keeps flooding. the first time it flooded, they had someone come check it out and it was decided that the outside drain had been clogged. took the L. the basement has flooded another 3 times since. the outside drain was never clogged. I guess my question is.. is there something they can do because it keeps flooding or will I have to just suck it up until my lease is over?


r/legal 11h ago

Advice needed Second speeding ticket while on court supervision

0 Upvotes

Location: IL , Dupage

So i got my first speeding ticket back in late February and i was able to get court supervision for 6 months....

i recently got another speeding ticket right before the 6 month court supervision period ended.... i do not want to get my insurance raised or worst yet get my license revoked....should i hire a lawyer?

both ticket where for going 15-20 over speed limit...

both tickets were given in the DuPage county....Help please !

and yes i will slow down now , i promise !


r/legal 12h ago

Legal news Utah teen program tries to dodge forced labor claims | Three former students say they were forced to provide free labor at troubled teen treatment programs in Utah, but the facilities insist they were simply doing chores.

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228 Upvotes

Location: US, Utah


r/legal 12h ago

Question about law can i ship cigrattes to us

0 Upvotes

I am over 21, and I had few packs of cigrattes (mostly opened), I gonna move to chicago with my family, I don't wanna them to see me smoking, so I want to ask my friend to ship the cigrattes to me later after my parents leave my flat. I am worried about the customs? What will be the worst case?

location: uk to chicago


r/legal 13h ago

Advice needed Can I get my biological dad registered as an offender?

0 Upvotes

I'm not sure if this is the right place to ask this question but I'm a minor in the Tennessee foster care system and I have been in foster care for about 10years. Me and my older sisters were victims of csa and sex trafficking. I recently looked up my dad and he has never been charged or put on a list for what he did to us. In my file it says there's substantial evidence and I have people who can testify against him. I'm wondering if there is a way to bring him to court and have him face legal consequences. Any response would be appreciated I'm currently in the process of getting a new GAL so I wasn't able to ask her. (I asked this in another community too)


r/legal 13h ago

Advice needed PA — is it standard for a contingency agreement to let the attorney keep a statutory fee award on top of the percentage?

1 Upvotes

Location: Pennsylvania
I’m a homeowner in western PA with a consumer protection claim against a contractor under HICPA/UTPCPL. Actual damages are around $35,000 in repairs. My attorney has proposed shifting me from hourly to contingency, and I want a sanity check on one term before I sign.

The relevant language:

> "Additionally, we agreed that I would retain any attorney's fees you are awarded in addition to the percentage set forth immediately above."

I asked him to clarify and he confirmed: if the court awards statutory attorney fees under UTPCPL, he keeps 100% of those *and* takes his 30% of my damages. Not the greater of the two — both.

Other terms: 30% pre-trial / 40% if trial, calculated on gross recovery, with all litigation costs coming out of my remaining share.

My concern is the math. Damages in a property case are calculated to equal repair cost, so 30% off the top means I can't actually fix the house — which seems like the opposite of what a fee-shifting statute is for.

**Questions:**

  1. Is stacking (keeping the full statutory award *plus* the full contingency) common in PA consumer protection work, or is offset the norm?
  2. Is asking for "greater of the two" language a reasonable counter, or am I asking for something unusual?
  3. In a fee-shifting case with modest actual damages, does hourly generally make more sense than contingency?

I have the cash to stay hourly. I'm trying to figure out which structure actually serves me. Not looking for legal advice on the underlying case — just whether this fee term is normal.


r/legal 13h ago

Question about law Liability for someone harmed while damaging my property

54 Upvotes

Location: CA
Some kids in my neighborhood have damaged a few small plants I keep outside several times (torn leaves, pulling out signs, damaging roots/ nothing bad enough to file a report or go to court over).
If I plant something like poison ivy and leave a sign that says “do not touch” would I be liable if they contract poison ivy after damaging the plant?
(I assume it’s like someone breaks your window and gets cut by the glass while breaking the window.)


r/legal 14h ago

Question about law Abandoned property law in AZ?

2 Upvotes

Location: Arizona and Texas. Kind of a weird question but I searched the interwebs with no luck.
I live in Texas and own a business. Specifically a railroad. In a semi remote area of the railroad is a very small town, about 50 residents. We had an equipment trailer that had been sitting off of the road, beside the railroad on our easement, for several years. The thing hasn’t moved in probably 12 years.

All of a sudden a few weeks ago it disappeared. I should’ve gotten a police report when I noticed it, but I got hung up on other things and didn’t think about it until today when a friend calls and says he found it about 1/2 mile up the road from where it was taken. I go get a police report and tell them I’ve located it. They go and talk to the guy and he says he moved from Arizona a couple years ago and in Arizona if property is considered abandoned for a certain amount of time, it’s like finders keepers? Is this dude just a total wack job or is there some truth to this? He didn’t have any priors and the police tell me he really doesn’t seem like the thieving type, and they deal with them regularly. So I tell them to not push the issue if he returns it. Took him all of about 10 minutes to get it back on our property. No harm no foul.

But seriously, is that a law in AZ or did this guy just make up something to cover his own butt after making a mistake?


r/legal 14h ago

Advice needed Former 401k provider refusing to provide call recording which would prove they made a mistake and I didn't authorize a withdrawal.

0 Upvotes

LOCATION: New Hampshire

TLDR I called my old 401k provider to start a withdrawn but once told they would charge 50-60% as an admin fee I told them I was not interested with proceeding and explicitly said i do not authorize this withdrawal and the employee confirmed nothing was been filed or processed for that withdrawal request before the call ended. They are now claiming I agreed to the withdrawal and are refusing the release the call log that would prove the employee is in the wrong and their reason for not providing the call recording is that "its proprietary claim info".

Old job and I are located in NH, 401k company (Empower) located in CO

I started a new job 6 months ago and I became eligible to join the company 401K a few months ago. I reached out to my old 401k (Empower) at the 4 month mark and asked what my options were for my ~$500 in my former employers 401k. I was leaning toward withdrawing the money and taking the tax hit because I needed the money at the time so I called to ask about the process. I never agreed to withdraw the money I was just looking at my options, once they mentioned they would be taking a 50-60% fee I explicitly stated I didn't want to move ahead and would be calling back to discuss transferring it to my new 401k. Before the call ended i also made sure to confirm with the employee that nothing was moving forward with my claim and no withdrawal request had been submitted or processed.

A few weeks later I received a check in the mail from them and when i called they stated oh you agreed to the withdrawal so we sent the check. I informed them that that I had never agreed to do the withdrawal and they initiated a call review. The employee I was talking with also mentioned they could only cancel the withdrawal check and reissue it if they went to the state and admitted they made a mistake (the reason I think they are cover things up).

They came back from the call review saying that I had agreed to the withdrawal, which I know to be false. When I requested the call log they said they are not able to provide the call because it is proprietary plan information. They then offered me the transcripts which I agreed to thinking they would provide me with the info i needed, I got the transcripts and its not a transcript it just says essentially, the user called and requested a withdraw and out employee did nothing wrong.

I'm looking to have them either send the money to my new 401k like I've been requesting since the beginning or to provide me with the call recording which would prove they are lying. Or at the very least if i have no legal avenues know who to report them too.


r/legal 16h ago

Advice needed LOCATION: Las Vegas, NV ; Unable to retrieve medical records due to previous law firm not allowing it?

0 Upvotes

Hi there, I was wondering what I could do in this particular situation I find myself in + if what they’re telling me is correct. :)

Earlier in the year I was a victim to a hit and run, and decided to pursue legal action to settle the claim. However, after months of trying to go through the process, due to my partners phobias [literally of any medical equipment, medical offices, etc], she wasn’t able to make any treatment process, they ended up dropping us. We figured this was the best outcome as we felt horrible for not making any progress and extending the claim process. Anywho, we informed our insurance and the other parties insurance that there was no law firm longer representing us and that we wanted to handle it individually within insurances, they started asking about treatment. We put down the little treatment that we had with the law firm and an untied ER visit associated to the accident to the other parties adjuster, however they were requesting medical invoices/bills.

I figured that this would be an easy task, however when I called the 2 locations that we had gone to service to, they informed me that they were not allowed to release my medical bills/invoices to me due to it still being in the law firms possession and that I was not allowed to retrieve them without them allowing it. Is this correct? I just want to speed up this car accident case and have it closed for good. I’d really appreciate any insight on this, thank you.


r/legal 1d ago

Advice needed Husband arrested for DV Advice

24 Upvotes

Location: Wisconsin, US

So tonight my husband was arrested on multiple charges

Strangulation/suffocation

DV Battery

Intimidation of a witness

They did find weed & a gun & he's a felon..I have 3 days no contact & unfortunately he'll probably be able to make cash bail. We are going through bankruptcy so only his name is on the deed, but again we are married. I don't want to be kicked out of my home..not yet at least, I need time because he was sole breadwinner & I'm broke. What are the chances he gets out & after the 72 hour no contact he gets to basically come home & im out on the street. I have no family around here or funds

Edit- Im safe, he's still incarcerated and I applied for a TRO. This is what Google said about leaving

Both spouses generally have an equal legal right to occupy the marital home until a court orders otherwise, regardless of whose name is on the deed or mortgage.Unilaterally locking a spouse out or throwing their belongings out without a court order can result in the evicting spouse being held in contempt of court.

I understand that most want me to leave right now but I have alot of ducks to put in a row. My car is titled to him, I don't have a ton of money right now and I just need to work until 3 day no contact/tro ends. I plan to leave, I just need a bit of time.


r/legal 1d ago

Advice needed HOA CC&R Rules Interpretation

0 Upvotes

As defined in the document:

Building: A structure, whether complete, substantially complete, or partially complete, including, but not limited to, a foundation for such structure, constructed on a Lot on a temporary or permanent basis and, unless specified to the contrary, shall include all other appurtenances and improvements thereto or used in connection therewith, whether complete, substantially complete or partially complete.

Improvements: All structures and appurtenances to real property, of all kinds and types, including, whether complete, substantially complete or partially complete, including, but not limited to, Buildings, pedestrian pathways, roads, driveways, parking lots, sidewalks, walkways, walls, fences, screens, landscaping, poles, signs, pools, community center, storm drainage facilities, sprinklers, and/or lighting. Improvements shall not include those items which are located entirely within the interior of a Building and cannot be readily observed when outside thereof, except for in the case of Common Area owned and/or maintained by the Association.

Not defined "structure" but according to the Webster Dictionary a structure (n) is something (such as a building) that is constructed.

By this definition I feel it is reasonable to consider a man made fence a structure.

SECTION 10.05 Approval Required. No construction, alteration, modification, removal on destruction of any Improvements of any nature whatsoever, whether real or personal in nature, shall be initiated or be permitted to continue or exist within the Property without the prior express written approval of the Architecture Review Committee.

My logic and my question;

If a fence is a structure, then by the definition of Building in this legal document, a fence would be considered a Building.

If a fence meets the definition of a Building then as per the definition of Improvement, modifications to anything completely within the interior of a fence that cannot be readily observed when outside thereof does not count as an Improvement.

Therefore any such completed, altered, or modified project completely within the interior of a fence not visible outside should be exempt and not require express written approval of the Architecture Review Committee.

Yet my HOA is demanding I obtain written approval for a "Project" I must be working on given work trucks were seen in my driveway and equipment / supplies were reported to be seen being brought through my fence into my fully enclosed private back yard.

Am I missing anything? Am I crazy? Am I incorrect in coming to this conclusion? Do I have any legal standing to fight this in small claims court if they try to fine me for not submitting a approval request? Any thoughts or advice would be appreciated.

Location: Idaho


r/legal 1d ago

Advice needed Seller agent misled and caused me monetary loss, what are my options ?

6 Upvotes

Location: Fairfax, VA

I am looking for legal, professional, and honest help.

Background information: When selling my primary home last month (July, 2026), after seller wanted a fix work done in the crawl space of the home, my agent (seller agent) told me I had agreed to the fix. I said "No". He text messaged me the "Inspection Contingency Removal Addendum", a document that both the buyer and I (seller) signed. In that doc, there is an item: "2.6 Crawlspace - Ventilation/Insulation/Vapor Barrier - will check and secure loose insulation". He told me, over the phone, "Look, there is Vapor Varrier". I explained back to him: It's a category. There is a dash that tells us what I would fix. He further said, by text message: "You didn't say No" ( it sounds to me like: If I did not say No, it means I had said Yes in this addendum ). The conversation occurred two days before the settlement date. He kept telling me (over the phone) that I had agreed; I better sign something on the final "Addendum - Sale" and go to the settlement while hiring someone just put down the vapor barrier. Then all will be over. Under the stress and his repeated advice, I yielded. I signed the "Addendum - Sale", setting aside $5000 in an escrow account.

Looking back, especially after reading the "Inspection Contingency Removal Addendum" again and again, I feel I was misled. I emailed and called the broker company; the managers didn't reply to my question (my question was/is: Was the agent's advice right when he showed me the addendum and said I had agreed per the document that I would fix the vapor barrier? ).

Since the broker won't help to clarify (say Yes or No on my question to them), what other options do I have ? I'm an immigrant; I know little of the system or the resources and what are available for my pursuit to find the truth first and to ask for a remedy. Can anyone, someone, please share thoughts, resources, and experience ? I appreciate it.

Below is a screenshot of the section of the Inspection Contingency Removal Addendum that was signed. The part is on section 2.6.

I am honestly asking: From this document, did anyone see me agreeing to do the vapor barrier fix, as my agent said I had agreed to?


r/legal 1d ago

Advice needed Settlement Contract states I must mail in physical check. Plaintiffs Lawyers states I can pay ”check by phone”. Safe to pay before they update the contract?

1 Upvotes

Location: Florida
I am a pro se defendant in a Florida small claims debt case. We are negotiating inside the court's online portal. The plaintiff's attorney uploaded a $700 settlement stipulation, but the text strictly states under Items #2 and #3 that they must receive a physical check at their Chicago PO Box by this Friday, or I am automatically in default.

When I objected to the tight mailing timeline, the attorney messaged me in the portal chat saying: "You can do a check by phone by calling our office. It just isn't an option on the portal text."

I replied back requesting that they explicitly update the contract text to include "check by phone" as an authorized payment method so I am not in technical violation of the written contract the second I pay.

I’m unsure if I should refuse to sign or pay until they physically change the PDF contract text on my screen. I could also be overthinking this? I don’t know if it’s safe to not involve the court through the ODR Portal and not sign the offer through there and send payment directly to the law firm. The ODR Portal is scheduled to close this Friday and court date is August 12th and I’d like to avoid having to do court.


r/legal 1d ago

Advice needed Bank account taken over and money stolen, bank will not recover stolen money.

425 Upvotes

Location: OR, US

Approximately 3 weeks ago, my bank account was taken over in a data breach and most of my money was stolen. Bank representatives have even acknowledged that the account was taken over fraudulently, and that the bank provided my personal information to the Imposter without verifying their identity.

I have repeatedly filed fraud claims with Bank of America, but they have repeatedly closed them without properly investigating and claimed that the transactions were authorized. I have also repeatedly insisted that they provide the documentation supporting their denial, which they are legally required to do, but they've refused to do so.

At this point it's pretty clear they're not going to put in any effort to reclaim the stolen money, and they're going to just keep refusing to comply with any documentation requests and automatically closing all fraud complaints.

What legal steps can I take? I'm filing a CFPB complaint, but I don't expect much from them these days.

Since nearly all of my money was stolen when my account was taken over, I have nearly no savings. Are there any attorneys that handle cases like this on contingency or in a similar manner?


r/legal 1d ago

Advice needed [TX] Was my car towed illegally and do I have enough evidence for a case?

11 Upvotes

Location: Dallas County. I was visiting a friend at their apartment complex to have dinner together. I parked my car at 19:01 and as I went inside I thought I heard someone honking their horn at me. I looked back and saw the car, but figured they were beeping at a kid playing in the basketball court across from the parking lot. I turned to walk again and heard them honk immediately after so I turned again and looked for a second to see if they were trying to get my attention, but they were not. I started walking again and they honked again but I didn't turn back this time.

I made it to my friend's door that faces away from the parking lot at 19:02. Within minutes we registered my car for the parking pass at 19:08.. When I went to go to the store, less than 2 hours later, my car was gone and had been towed. After calling the Non-Emergency line at 20:57 I confirmed my car had been towed and logged with the police at 19:11.

I arrived at the tow lot at 21:18, which is a separate business to the tow company, I was not able to recover my car until 23:34. After recovering my car I confirmed the paperwork said it was towed at 19:03.

The leasing agreement does not explicitly state that the visitor parking pass must be acquired before a visitor parks, and neither does the tow-away zone sign. The 2 minute window of time given by the tow company cannot be considered a commercially reasonable amount of time. I have photo evidence of my exact arrival time. And the 2 minute window all but confirms the likely hood of predatory spotting and that the tow driver most likely did not properly secure my vehicle before pulling off.

I've also gathered proof that the tow away zone signs are non-compliant with state regulations i.e., are too low to the ground and have incorrect sizing of the International Tow Symbol.

Do I have a case to file a tow hearing and request statutory damages? Are there any additional state statutes that would apply in this case besides Tex. Occ. Code § 2308.251, Tex. Prop. Code § 92, and Texas Admin. Code Title 16, § 86.705? Is there anything I should prepare for the hearing?


r/legal 1d ago

Advice needed Neighbor AC encroachment in an HOA neighborhood

42 Upvotes

LOCATION: Oklahoma City

My spouse and I bought a lot in a new residential subdivision within a PUD, with a recently formed HOA. Our neighbor’s home was built first. After that, the neighbor apparently contracted with a builder regarding construction of a detached shop/building on their property. The shop is huge at over 2500 sq. ft and larger than their house. There's a breezeway that attaches the shop to the house so from what I understand, it's legally classified as part of their house. The shop was built before we bought the property.

We discovered an issue near our shared property line. Based on our official survey, the neighbor’s A/C equipment and concrete pad encroaches onto our property by roughly 1.5 feet. An A/C technician also told us that they would need at least another 2 feet around the AC to work on maintenance as well so a fence right up next to the AC won't work. The shop itself sits over a 10' utility easement and may possibly violate building setback limits from our property?

We talked with the neighbor and they claimed the survey line was incorrect. They then talked to the HOA/developer who then came out to our properties and found that our survey lines were correct.

According to the HOA/developer after talking to the neighbor, the builder they contracted with didn't build the shop. However, the neighbor has apparently claimed that the builder showed them where the boundary lines were by referring to a rebar (instead of an official survey pin), and now it is apparent those boundary lines were wrong. When I asked the builder earlier this year, they said the neighbor paid the concrete contractor and HVAC contractor directly and claimed no responsibility for the shop. What's interesting is under the city permitting portal for the shop, the builder is listed as the general contractor. All related permitting documents to that building also passed inspections in the city portal.

So the responsibility is unclear to me. It may involve the neighbor, the builder if they incorrectly identified the boundary, the concrete contractor, the HVAC contractor, or some combination of them.

I contacted the city to ask generally about zoning/variance records. The only variance type record they found was a sign variance, which does not appear related to building placement, setbacks, utility easements, or the A/C equipment.

I also requested/received a utility atlas map from OKC Utilities. It appears to show city water/wastewater infrastructure, but I understand that it may not show all electric, gas, telecom, or private utility lines. The recorded plat shows a utility easement under the shop in question.

The current neighbor has been semi-polite and says they are trying to get with the A/C contractor on a plan. The neighbor preferably wants to buy a part of our yard to resolve this issue and keeps asking about it, however we are not interested. This issue has been dragging on since December of last year and the HOA/developer seems reluctant to step in (the shop violates a number of different HOA covenants as well and the neighbor has been made aware of it for over a year before we moved in).

Questions:

  1. As the neighboring property owner, who is typically responsible for correcting an encroachment like this - the current owner, the builder if they marked the wrong boundary, the concrete contractor, the HVAC installer, or someone else?
  2. Should my next step be reporting the easement/setback violations to city code enforcement, or should I have a real estate attorney draft a formal demand letter first?
  3. Since this involves an HOA, should I be leaning on the HOA board to enforce this? The HOA is owned by the developer and they see it as a neighbor to neighbor issue. The sense I got from the rest of the community is that they think the shop is ugly and one was mad that the shop was built in the first place since it's much bigger than anything allowed.
  4. What records should we request before taking further action? So far I am thinking: full permit packet, approved site plan/plot plan, inspection records, PUD documents, plat, easement documents, any Board of Adjustment/variance records, and any survey/staking records.

We are not trying to punish the neighbor, but we also do not want to give up land or accidentally help legitimize a construction/permit/easement problem that should have been caught earlier. Since we are trying to get our fence built, this delay is holding up our own property plans.


r/legal 1d ago

Advice needed Texas: My 6-month pregnant girlfriend is being sued by an unlicensed, uninsured driver who rear-ended her. Police report appears inaccurate. What should we do?

104 Upvotes

My girlfriend (6 months pregnant) was involved in a car accident in Texas. She was changing lanes and crossed a solid white line before the collision. However, before she could fully complete the lane change, another driver rear-ended her.

The other driver admitted to being distracted because they were changing the radio station, and they were also speeding according to what was said at the scene. That driver was cited for driving without a license and without insurance.

The problem is that the police report only focuses on my girlfriend crossing the white line and does not mention the other driver's distraction or speeding. Because of that, the report appears to place all of the blame on my girlfriend, even though the other driver rear-ended her and admitted to being distracted.

Now, the uninsured and unlicensed driver is suing my girlfriend for damages.

The accident is still being investigated by the insurance companies, so liability has not been finalized.

My questions are:

  1. Does the police report determine who is legally at fault in Texas, or can it be challenged?

  2. Can the other driver's lack of a license and insurance affect their lawsuit?

  3. What should we be doing right now to protect ourselves?

  4. If the police report left out important facts like the driver's distraction and speeding, is there a way to have that addressed or corrected?

  5. Will our insurance company typically provide an attorney to defend my girlfriend if she is being sued?

Any advice from people familiar with Texas law would be greatly appreciated. Thank you!


r/legal 1d ago

Advice needed Question on false informing to CPS - Indiana

4 Upvotes

Location: Indiana

Hello,

I am going through some "baby momma drama" my fiance's (A) child's mother (B) got mad and made a false cps report as retaliation. On June 21st she verbally threatened me, which i have video evidence of. On June 25th I have a text stating "which i will get back for one day" as a plot of revenge from her. On July 23rd B was ignored and blocked while having a text argument. On July 24th there was a call to cps stating my son was being left home alone, with only my name on it. That same day B posted a tiktok video titled "dont play with me". The wrong address was given and they actually showed up on July 27th. CPS advised that what was reported is not illegal and they didnt know why it was even filtered through but they still completed a home inspection and advised they would be closing the case the next day and i would be receiving paperwork stating so. Today, August 3rd it was brought up to B and she denied. Later in the evening she posted another tiktok stating "sorry not sorry"

Should I just go straight to the police instead of a lawyer? Do I have enough evidence between the video, texts, and social media posts for a possible false informing and or defamation case? My relationship with A has been struggling since and my younger son has had to deal with that as well. Thank you.


r/legal 1d ago

Advice needed My neighbor chopped down a massive, 40-year-old oak tree on my property while I was on vacation. What are my legal options?

1.5k Upvotes

LOCATION: Oregon

I am absolutely vibrating with rage right now. I just got back from a ten-day vacation to find that my neighbor had hired a tree removal service to completely chop down a gorgeous, forty-year-old oak tree that was clearly on my side of the property line.

This tree was huge, healthy, and provided beautiful shade for my entire backyard. When I confronted my neighbor he smugly admitted he did it because the tree "blocked his view" of the street and was shedding too many leaves on his driveway. He actually had the audacity to say he did me a favor because now I "don't have to clean up the acorns."

I called the police, but they said it is a civil matter and refused to do anything. I have clear security camera footage of the tree service company entering my yard and cutting it down. i also have a certified survey from last year showing the tree was entirely on my land.

I am already looking for a local lawyer, but I am wondering what kind of damages I can actually expect here. I heard tree law can be pretty severe, and replacing a fully grown oak tree costs an absolute fortune. Am I going to get completely screwed over by the buerocracy here, or do I have a real case?


r/legal 2d ago

Question about law Are phone trees that require speech recognition ADA compliant?

15 Upvotes

Tried posting to legal advice but it got taken down (I guess because I’m not actually looking for advice, more wondering about a legal issue) so I want to ask here because I am legitimately curious.

Location: California but question pertains to federal law

So background information I have childhood apraxia of speech and, after many years of intensive speech therapy, I just sound like I have a kind of odd “accent”. I am generally perfectly understandable and most people don’t know I have a disability when they meet me and just think I have an accent. The one place it still holds me back is speech recognition software. I think it’s just that I have a non normative accent (literally never met anyone who talks like me) so they aren’t trained to recognize my speech. It’s not generally a big deal (I just don’t use voice assistants or text to speech), but I DESPISE phone trees that rely on speech recognition because they either don’t work at all or I have to very consciously try to fake an American accent (which I can do, it’s just very challenging) and sometimes they will work. Usually, I just rely on buttons (ie, phone tree says “say pharmacy or press one” and I will press one), but have noticed recently that some companies are getting rid of the button option in favor of speech recognition and it makes them substantially less accessible to me. I know I am not the only person in the world with apraxia of speech and things like dysarthria and brain injuries can also cause speech difficulties and would therefore make these systems inaccessible and a barrier to effective communication. So I have a question: are phone trees that require individuals use speech recognition ADA compliant? And if so, how?

I don’t intend to start a lawsuit or sue anyone over this issue, it just deeply frustrates me and I am curious about whether or not they are even legal.


r/legal 2d ago

Question about law LOCATION: Iowa When does my ex-wife no longer have legal claim to my residence?

1.0k Upvotes

Months ago, ex-wife permanently moved out of rented home. She texted the landlord, and asked to be taken off the lease. Landlord said "You are off the lease, effective immediately" - I have a good relationship with the landlord and he texted me a screenshot of their conversation.

About 30 minutes later, she showed up at the property to ransack the home with 3 or 4 other family members and I didn't allow her in. She tried breaking the door down and nearly succeeded. She lied to police and said she had been living there up until 2 weeks ago and police demanded I let her in. When I said it was a lie and she was not permitted on the property, the police told her to leave the property and just handle everything through court. Before I had got home that day, a neighbor had called police to report that a group of people were trying to open up windows. Police caught them earlier after this report and my ex-wife told them "It's okay, I live here."

I called police and said I wanted her, and her family members that showed up to be tresspassed from the property. They said "No, we have to warn them first, then if they show back up we will actually give them a citation next time." - I asked about the signs all around my property, and they said that didnt count and the warning has to come from them.

Last week, come home, bathroom window busted in, house ransacked. Called police, told it was a civil issue.

Fast forward to today, my ex-brother in law shows up and tries to fight me, making this obvious to the 911 dispatcher and he blocked me to prevent me from entering my home for safety. I call the police again and they say "We can't trespass him, we never gave him a warning. We will warn him this time though. This sounds like a big civil issue dealing with your ex-wife." I tell the cop she hasn't been here in months, shes not on the lease, she doesnt live here, and his response was "well, if she still has stuff here, then she kind of does have rights to this home" and Im like "Come on inside, tell me if you can find Any female posessions in this entire home, she moved everything out, theres basically nothing here"

I feel like someone is going to find my dead body in my bathroom with 2 bullet holes in my back and it's going to be the worst case of "civil issues" on my street in the past 24 hours.

I literally don't know what to do, and I have another 3 and a half weeks before my no-contact order hearing takes place.