Denver Bronco Logo
Support the Denver Broncos

The Law Frog on KILO 94.3 – May 6, 2024

On the third Wednesday of every month, David McDivitt joins KILO 94.3 to answer legal questions from callers in Southern Colorado. Being a part of the morning show on KILO 94.3 is a dream come true for David, who had always aspired to be a rock star. David’s talents lead to him practicing law over practicing sick guitar rifts, but this lets him help people in need AND rock out with other music fans. Tune in from 8am-9am to hear some of the fascinating legal situations David addresses. If you have any questions of your own be sure to call in: 719-633-KILO or submit a question here.

McDivitt Law Firm Frog

May 6, 2024

Ross: At the Chiefs vs. Dolphins NFL playoff game at Arrowhead Stadium there was a windchill of -20 degrees Fahrenheit. There are now 17 people facing amputations now because of frostbite from the weather conditions at this game. But, on the ticket there is a small disclaimer that says you are responsible for anything that happens. Do these people have any kind of recourse against either the NFL or the Kansas City Chiefs?

David: In order to make a Civil Claim, there are elements that have to be met. In a civil case there are elements to a claim and if you are talking about negligence for example, did the stadium make a mistake or have a duty to somebody and then did their behavior deviate from that standard of care. When you operate a facility and invite people in for sporting events, you sell the ticket, and the ticket has these disclaimers. There are things that a stadium could be responsible for but if you go and you are impacted by the weather, these are open-air stadiums. If you had gone to a game during the summer and had gotten a severe sunburn is your claim any stronger in that situation? If the stadium had blocked exits or done something to prevent people from being able to leave, there would be a strong case.

Ross: A caller is wondering, is it possible to have their driving record sealed in order to get better insurance rates? They say it is DUI related.

David: DUIs cannot be expunged, this is something that will always be on your record.

Ross: A caller bought a van from a dealership, brought it home and the check engine light came on, it ended up being something wrong with the catalytic converter. He brought it to their attention the next day and when they found out that it was the catalytic converter, they said they weren’t going to fix it because Colorado Springs does not do emissions, so it is not something that they need to fix to make the vehicle reliable for him. However, if something else were to go wrong he would not know if the check engine light is on for the catalytic converter or something else.

David: The state level has certain emission level standards, but Colorado Springs does not require an emissions test to register a vehicle. The dealership may not need to fix it depending on what terms of the sale was, especially if it is a used vehicle.

Ross: Mike’s girlfriend was in an accident last year and their insurance company settled with them at the maximum and now the other folk’s insurance company is reaching out to Mike and his girlfriend asking for an additional $6,000, on top of the $15,000 they already received to fix the car. Should they get help? Do they have to pay out the $6,000?

David: Colorado has a state minimum of $25,000 for bodily injury and then you can also add on collision coverage. Typically, when an insurance company pays out on a claim and they are paying someone who is not a policy holder of theirs, they will require the person receiving the payment to sign a release of claims against both the insurance company and the person the insurance company has insured. If they are paying out a full and final settlement for the property damage to the vehicle your girlfriend was in the crash with, they would require that person to sign a release saying we are not going to go after your girlfriend or the insurance company for any more money. That is why I find this demand for the additional $6,000 to be interesting. Have you contacted your girlfriend’s insurance company about this letter?

Mike: No, we have not.

David: That is the first thing you should do. Also look into the details of the claim, see what was paid, for what purpose, if there is a damage estimate, if a release of any kind was signed, etc. The insurance company could have left it open and paid the initial estimate and then they discovered there is $6,000 in additional damage and they are going after the rest of the insurance policy. There is a limit to how much the insurance company is going to pay, but if the person accepts the insurance money, whether a portion of it or all of it, almost always an insurance company is going to require a full and final release. The only reason that the person would not then accept that is if they think they can go after your girlfriend to get paid personally.

Ross: A man’s wife was going through a car wash and the guy in front of her backed his truck into the front of her car and messed it up. There is video of his wheels moving backward, but the driver of the vehicle said they did not notice anything and is basically denying that he had anything to do with it. He drove away and they got his license plate number, can they hold whoever holds the insurance to that vehicle accountable?

David: Yes, they can. You can find the insurance from the license plate number. This is not always easy, but it is doable. There is insurance that can cover a crash that is not just the insurance written for that particular car. I like to remind people that if you own a vehicle to insure yourself but also add uninsured/underinsured coverage to your policy as well. This is called UM coverage. This will cover you if you are hit by someone who does not have insurance or is underinsured. What we do is look to find out how many insurance policies might apply? Who covers the driver, who covers where the driver is living, who covers the car itself, are there other cars that the driver has insured? In this situation we can find out who owns the car easily, but then you have to do a little digging to find out what insurance company is insuring their car. The insurance company may decide it is not worth the time to try and track the person who hit your car down and may decide to use the UM coverage.

More McDivitt Frog News