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Ask a Lawyer

Published on: 02/20/2018) In:
Ask a Lawyer Winter 17

Q: What do I do if I am struck by a vehicle that does not have insurance?  

A: There are other potential sources of recovery to consider.  For example, the driver of the at-fault vehicle might be insured by an auto policy other than that of the vehicle driven at the time of the crash (consider a borrowed car situation for example).    You might also be entitled to uninsured / underinsured motorist  (“UM/UIM”) compensation.  You should consider the policy of the vehicle you occupied at the time of the crash as well as your own auto policy (if different from the vehicle you occupied).   

Due to the limited nature of this article I cannot thoroughly evaluate and answer the question presented.  Please give my office a call for a proper consultation.   

Q: An Uber driver crashed into my vehicle.  Does the driver’s personal liability policy apply or does Uber’s?   

A:  Which liability policy will apply generally depends on the Uber driver’s “status” at the time of the crash.  Here is an overview of the different statuses and their respective coverages:   

  • OFFLINE (the vehicle is driven solely for personal use and the app is not active): The driver’s personal liability coverage will apply. 
  • AVAILABLE (the driver has activated the ride-share app and is ready to accept passengers): Uber provides a $50,000 per person injury limit and a $100,000 per incident injury limit (in the event that more than one person is injured). 
  • EN ROUTE (the driver has accepted a passenger request and is en-route for pick-up): Uber provides $1.5 million in liability coverage. 
  • ON TRIP (the driver is transporting a passenger to their destination): Uber provides $1.5 million in liability coverage. 

Due to the limited nature of this article I cannot thoroughly evaluate and answer the question presented.  Please give my office a call for a proper consultation.  

Q: My apartment complex was recently taken over by new management. Not long afterwards we started having problems with our water. For about a week and a half we had freezing cold water; then we had lava hot water for another week; and intermittently we had no water at all. Finally fixed the main problem but we still have the occasional days with no hot water or no water at all. They refunded me a $50. What are my rights in this situation? 

A: I would need to see your lease to better answer your question. But in general, your landlord is obligated to keep your apartment habitable. Not having hot water...or having no water at all...arguably makes your apartment unfit to live in. If your landlord does not completely fix this problem within a reasonable period of time, you may have a few “self-help” options. One could be to pay for the repairs out of your own pocket, and then deduct the cost from your next rent check (be sure to submit the rent check with a copy of the repair receipt). A more drastic measure would be to move out and walk away from the lease. However, your landlord could try to sue you for not paying rent or for breaking the lease, so my recommendation would be to consult an attorney skilled in landlord-tenant disputes prior to taking further action. In the meantime, make sure you notify your landlord in writing every time there is a water problem, and keep copies of your communications. Also, keep detailed records of the dates and times you have no water or no hot water. If possible, take video of turning on the faucet with no water running. All this evidence will help bolster your case should your landlord take legal action against you. 

Q: What do you do when your employer falsely accused you of lying about having a disability (when you have doctoral proof) and terminates you because of it? 

Nevada is an “at-will” employment state, which means that employers can fire employees for any reason…but there are some exceptions: 

One exception is if the firing somehow violates “public policy.” In other words, the firing may be unlawful if it threatens public health, safety, welfare, and morals. 

Another exception is if the firing violated the terms of a written, oral or implied contract between the employer and employee. 

And under federal law, employers are prohibited from firing employees on the basis of race, age, sex, religion, disability, or pregnancy. 

On the basis of what you said, I would argue that your former employer violated public policy by firing you for “lying” about having a disability when you have medical proof that you did not lie. But I would need to know more details about your situation to advise you, so I recommend you consult with an employment attorney as soon as possible to discuss whether your case falls under one of the aforementioned exceptions. 

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