02x113 - What Not to Teach Your Teenager and Padding the Bill?

[bunniefuu]

Your truck hit his air conditioning unit.
Did you see who was driving the truck?

The young lady beside him.

Somebody was driving the truck.

My son.

I don't know why you would
say my son was driving,

unless she doesn't have
a driver's license.

-You have a driver's license?
-I do not.

There you go!

[announcer]
This is Judy Justice.

[announcer]
Robert Ritter is suing homeowners

Jeff McNally and Angela Klingenburg,
for property damage.

[bailiff]
Court come to order, all rise.

Have a seat, please.

Hello Judge, case 2164,
Ritter vs. McNally, Klingenburg.

-Thank you.
-You're welcome

-Mr. Ritter, you own a piece of property?
-That is correct, Your Honor.

-And it's a residential piece of property?
-That is correct.

And you use it as a business?

That is correct.

-I would assume that this is your tenant.
-That is correct.

Perfect!

Could you stand up next to Mr. Ritter,
what is your last name?

-Mason.
-Mason.

These are your neighbors
across the street?

-Yes.
-I stood side-by-side.

So you're side-by-side
not across the street?

I live across the street.

Now, there came
a time Ms. Mason,

That you heard something
that was unusual.

Can you describe what you saw?

I was startled by the
sound of a big thud,

and my dog freaking out,
and ran to the window.

And so I jumped up,
ran to the window,

where the dog, as well, was running
toward, and looked out the window

And seeing the truck that had just
hit the air conditioning unit.

-Can you describe the truck?
-White truck, pick-up.

-Had you seen that car before?
-Yes, in the driveway next door to me.

-So in his driveway?
-Yes.

-Did you see who was driving the truck?
-I did.

-Was it Mr. McNally?
-It was not.

-Who was it?
-The young lady beside him.

-Ms. Klingenburg?
-Yes.

When you looked outside what
did you see the truck do next?

As I looked out the window
and made eye contact, I'd seen...

-With her?
-Yes, I'd seen Jeff at the backend

of the truck right by the AC unit,
kind of backing her off a little bit,

-Kind of gave her a raised hand.
-So he was out there as well?

Yes, positioned behind the truck.

-What did you do?
-Well, I jumped up, and then I ran and

actually grabbed my phone
to take pictures because

I did not want to be responsible for what
just happened to the air conditioning unit

because I could tell it had
been moved and hit.

-Do you have those photographs?
-I did send those to Bob,

He has pictures of those.

-Kevin.
-Yes?

Want to get them?

I immediately texted Bob
as well, letting him know.

So that day, the 20th of August, you went
and took photographs of the truck?

Yes, ma'am, and the yard,
and the air conditioning unit.

Okay.

-Mr. McNally?
-Yes, Your Honor.

Where had you been camping?

We were camping in a place
called McCall, Idaho.

Aside from you and Ms. Klingenburg,
who was there?

My son.

See how easy this is?

[laughing]

It's gonna get easier,
do you understand?

[laughing]

-Okay, now is this your girlfriend?
-Yes.

Okay, so now we got that clear.
This is your girlfriend,

you and your girlfriend
were camping,

your son was with you
and what you were doing that day was.

You were trying to unload the truck
with the camping gear, correct?

-Correct.
-Is the camping gear heavy?

-Yes.
-So, somebody was driving the truck,

amd somebody was schlepping the stuff
out of the truck to put it away, right?

-Correct.
-Now, Mr. McNally,

you don't want me to believe...

That either you or... stand up, stand up.

Or this guy were just twiddling your
thumbs and you backed up the truck,

so that you left Ms. Klingenburg
to empty the truck, right?

-You don't want me to believe that.
-No.

Because that wouldn't be true, and that
would be foolish,

and that would make you
certainly unchivalrous.

-Right?
-Correct Your Honor.

Okay. So when you were
first confronted with this,

you said oh my girlfriend
wasn't driving, right?

-Right.
-So let's get it straight now.

Because that's what you
wrote here in your answer.

"My girlfriend wasn't driving,
my son was driving."

That's not true!
I don't know why you would

choose to say my son was
driving, not my girlfriend.

Unless she doesn't have a driver's license
because otherwise there'd be no difference

whether your truck was being driven by
you, or your son, or your girlfriend.

Do you understand?
No difference.

Your truck being driven with you
around hit his air conditioning unit.

So what difference does it make?
You have a driver's license?

-I do not.
-There you go!

Perfect!

-I was not driving Your Honor.
-Yes, you were!

Yes, you were. You were driving...
and he says you were.

You see, and he says you...
Just a second.

You didn't see his face just now.
He says you were.

Now how did I know you didn't
have a driver's license?

-Do you have a driver's license? Yes!
-Yes, Your Honor.

But how did I know you didn't?

Where do you think I got that from?

-We were all...
-I got that from common sense.

Because Mr. McNally doesn't
look like a stupid man.

And there would be really no
difference if he drove the car,

you drove the car, the son drove the car.
The car, his car caused damage.

But in order to perhaps
have insurance cover it,

if he had insurance
on the truck. Do you?

My insurance has actually lapsed.

Okay, it really didn't
make any difference,

if you had no insurance you
could've said she was driving.

But, didn't think that far.

Okay, that's why we're here.
We're here because you let

an unlicensed driver,
drive your truck.

That was uninsured,
that you took on a camping trip.

-Is this coming together for me?
-It's close.

So, now we've got that straight, right?

The next thing we have to
take care of are the damages.

I see that the outer part

of this air conditioning
unit was definitely hit.

Now the outside is
merely a cover so

I need some evidence
that this damage

that he caused,
while she was driving

damaged the mechanism of
the air conditioner, because you

replaced the unit and you want him
to be responsible for the unit, right?

That is correct, Your Honor.

I have to see a photograph because I don't
have this photograph of the inside

of this, I just have the
photograph of the cover.

I do not have the inside,
but I do have from two

HVAC companies that
did go out to service it.

One that did the replacement,
the other that came out, second opinion.

-As Jeff had asked us to do, which we did.
-Okay, I'd like to see it.

This will be the second, and this
is the actual invoice for payment.

Oh, this is the second opinion.

This says "Second opinion call.


has been backed into.

The unit has permanent damage

to the condenser coil." Oh, well that's
the unit itself, that's just not

the lipstick on it,
that's the guts of it.

This says "Immediate repair, replace
condenser coil and damaged panels

-$3961."
-Correct.

"Replacing the unit instead may
be an option to consider."

And to do the whole job,
what did he want $5000?

The other side, $3450
to replace the identical unit.

-It was less money to replace it...
-[Judy] Than to repair.

-Correct.
-Okay.

-Do you understand that now?
-Yeah.

-Okay.
-Thank you, Your Honor.

So, based upon your request
he got a second opinion,

second opinion was
for more money to repair.

He chose the lesser of the two
which is to replace the unit.

The ball is in your court, sir.

-Garrett was actually driving.
-I don't believe it.

You've had some time
to reprocess it all.

You would've had the boy, that's what
you raised him for, strong boys.

You wouldn't have said well you just sit
in the car while my girlfriend unloads it.

Take the hair out of your eyes,
so I can see your eyes.

Perfect!

[announcer]
And later today.

I want to know how much you received
from the insurance company.

$874.53

Then can you tell me...

"I had a check from the insurance
company

which was a little over
$1300 from their appraisal."

No, that's incorrect.

Well that's what you wrote madam, that's
your signature that's what you wrote.

[announcer]
Robert Ritter, claims homeowners,

Jeff McNally and Angela Klingenburg
owe for property damage

after hitting his air conditioner.

Your car, uninsured as it was, driven
by your girlfriend damaged his property.

Why don't you think
that you're responsible for it?

I don't believe we hit it.

The damage is on your truck, sir.
There's a picture of your truck here.

You want to see it?
Oh, you don't have to see it.

You'd be better off just saying you
know what I don't have the money.

You'd be better off just saying
because we started out wrong.

You and I Mr. McNally.

And the wrong started off was
"Claimed his son was driving."

Even though Regina
clearly saw his girlfriend.

Okay, so that was a... fib here.

Actually, Your Honor if I may. There was
just one front seat, a bench seat.

and she was sitting in the middle
and Garrett was actually driving.

I don't believe it. Sir, you've had
some time to reprocess it all.

That's not true. She was driving,
because if you were unloading the truck

you would've had the boy, that's what
you raised him for, strong boys.

You wouldn't have said well you just sit
in the car while my girlfriend unloads it.

You wouldn't have said that.
Put your hand down.

Take the hair out of your eyes,
so I can see your eyes.

Perfect, thank you.

Judgment for the plaintiff
in the amount of $3800.

It's not a good idea, Mr. McNally, to show
your son that it's the right thing to do,

not to tell the truth.
That's a very good lesson that

parents should teach their children
right from the get-go.

And accepting responsibility for
what was clearly an accident.

I mean, she didn't mean to
back into his air conditioner.

-Right?
-Right.

It happens, it was an accident. That's
why they don't call it an on purpose.

It was an accident.

But once you have an accident you
have to accept responsibility.

That's what you want
to teach him.

And if he lifts his hair, he'll be able
to see and be able to hear better.

[laughing]
We're done.

-Thank you.
-This court is adjourned.

We were all sitting in the front of
the bench seat, so I was in the middle

and I think when she initially came
out she saw me sitting in the truck,

but maybe she assumed I was sitting
in the driver's seat, but I wasn't.

Nope, my vision was great that day.
It did make me jump,

and my dog was freaking out, so I
definitely knew something hit the house.

I told him that my son and
I were emptying firewood,

and that he may have hit his AC unit.

It's just sad, you know,
that they had to do that.

And that the young man had to be
involved when he really didn't do it.

That case is a great
demonstration of how being well

prepared and doing the right thing

can make the justice system work
for you in the right way.

He had all of his evidence

laid out exactly how he
needed to present it to you

and he had the damage evidence,
he had the photographs.

And he did the right thing.
He didn't try and get a whole new unit

for the $5000, he said

I'll get the two estimates if that's
what you want me to do.

So, it just shows how being prepared
and having all of your ducks in a row

can really benefit you, when you
come into a court system.

But, my problem was telling the lie...

after you've sworn to tell the truth
in front of his son.

Because those things remain
embedded in your children.

You wanna be a good parent

the first thing you have to
teach your children is to be honest.

And, if he sees that his father and
the father's girlfriend are dishonest.

That will become part of his fabric.
That's a mistake.

-So...
-I agree.

I think you are correct that it was a
good lesson in preparing a case

-that made it easier to try.
-True.

Case 2171, Cosby vs. Warren.
All parties please step forward.

[announcer]
Sheliya Cosby is suing mechanic,

Kevin Warren for the repair
cost of a car and lost wages.

Okay, Ms. Cosby.

According to your complaint you

parked your car near your
home on a side street.

You came out the next day and
you found your car vandalized.

-Car was a 2017 Hyundai Elantra.
-Correct.

-Did you buy the car new or used?
-Used.

And how much did you pay for the car?

I put a down payment of $13...


-So you financed the whole thing?
-Yes.

And you have to have insurance
on your car, you have to have

liability, collision, all that other good
stuff because you have a loan.

-Right.
-and you did have insurance.

Now, you came out you looked at
your car and it was vandalized.

-What was wrong with it?
-The back window was shattered,

and along the side passenger

top quarter panel, back passenger
door, and the passenger mirror

-it was shot.
-You have photographs of it?

-Yes...
-I'd like to see.

Right here.

Okay. Did you notify
your insurance company?

-I did.
-On what date?

The same exact date, which was July 22nd,

is when I came out and
found my car vandalized.

I submitted a police report,
I have that right here.

I'd like to take a look at it, please.

And, um...

Okay, nothing with nothing.

Okay, so you told the police
about it on the 22nd.

-Yes.
-And when did you bring it in for

-the defendant to take a look at it?
-That was August 18th.

-She brought the car to you in August?
-Yes.

And how long have you been
in the auto repair business?

-Sixteen years.
-So, you've dealt with

-insurance adjusters before?
-Yes.

And did you make the
appointment for the

insurance adjuster to come
and look at the car?

They never came to look at it.

Sometimes they just have me
submit photos if they don't have

anyone in the field to come
look at the vehicle.

Okay, now when the plaintiff

came in and brought you the car, did
you have a discussion with her?

-Yes I did.
-And I want you to tell me,

the best of your recollection,
what she told you, and what you told her.

Okay, like she said, she brought
me the vehicle on August 19th.

and she told me she took it from another
shop, she had a problem with another shop

-getting the repairs done.
-Tell me what kind of

problem you had with the other shop?

It was no problems with
the other shops besides

they didn't want to do
the estimate on it.

And told me to talk to
my insurance about it.

And my insurance told me
to find my own shop.

-And that's when I found him.
-Just a second.

Did your insurance company send you
to the first shop that you went to?

-Yes.
-And...

for some reason that first body
shop was unsatisfactory... to you.

So, you took it to the defendant.
This is what the story is.

The story is, the defendant
still has your car, right?

And he's keeping your car because he
says you didn't pay for the repairs.

It's your position that you gave him the
entire check from the insurance company.

Is that your position? Speak!

Be very careful what you tell me.

This is how her car looked
when she brought it to me.

Ms. Cosby, I have a feeling that you're
not going to like the outcome of this.

Oh, no I'm legit all the way around, so...

-Really? Shh, just a second!
-Those are the afterward pictures.

-Hustler! Hustler!
-It's not a hustle at all, ma'am.

Absolutely a hustle.

[announcer]
Sheliya Cosby claims,

mechanic Kevin Warren owes for the repair
cost of a car and lost wages.

The insurance check went to you?

-Correct.
-To cover the damage to the car?

-Correct.
-I'd like to see the check

receipt that you received from
the insurance company.

Look, we're gonna have trouble
with each other, madam.

Do you understand? This isn't the only
check you got from the insurance company.

If you're talking about a check in 2020,
that has no relevance

to 2022 vandalism check.

I want to know how much you received
from the insurance company.

-$874.53
-Then can you tell me

"I had a check from the insurance
company, which was a little

over $1300 from their appraisal."

-No, that's incorrect.
-Well that's what you wrote, madam.

That's what you wrote. That's your
signature, that's what you wrote.

I see the paper.

The totaling was $1374.53.

I didn't receive a full
$1374.53 check from

my insurance, I received $874.53.

And had to pay my deductible of $500.

When you brought your car into Mr. Warren,

-tell me what the conversation was.
-Before I got to him,

I let him know what was going on,
what I was going through...

No! Not "let him know."
I asked you what you said to him

and what he said to you.
First of all, you didn't like

the first place that the insurance company
sent you to, I don't know why.

All I know is when you're
dealing with this kind of thing,

everybody's trying to
make a little bit extra.

And it's been my experience,
and maybe I'm wrong.

That when you have a little accident,
you take your car into a body shop,

very often if that's their business.

They say this is what you want fixed,
this is what the damage was,

and the person who runs the body shop,
or the owner of the body shop

will say to you "I'll take whatever the
insurance is, I'll work with the adjuster.

That's what they usually do, correct, sir?

-Yes.
-Yes, and in this case,

-is that what happened?
-No.

Is what I'm asking you, because

your complaint is that he has your car,
won't give it back because he's put

a mechanic's lien on it, because he says

that he did $6000 worth
of work on the car.

He did work that was not approved
by me or my insurance.

I'm just telling you that's what he says,
he did $6000 worth of work on the car.

-Okay.
-Okay.

But, I have to tell you Mr. Warren, that
has been my experience and I'm very old.

That when you take a car in,
that's been in an accident,

that they say you know what, I'll
work with your insurance company.

And we all know what that means.

That means that whatever
your insurance company gives you,

they'll send me the check.

That will be what
I'm going to accept for the work.

Now what you're suggesting is that she

authorized you to do $6000 worth of work.

And you didn't speak to
the insurance company?

I spoke with them plenty of times.

Oh, what did they tell you
that they were sending her?

-I have it here.
-I'd like to see it.

-I have three estimates here...
-No, no, I want to see

-from the insurance company...
-No, they're the insurance company

estimates, not mine.

-I'd like to see it.
-Here's the first one like she said...

When she first brought her car to me
she had this one already for $873.

So then what we do when we see more damage
we put what you call a supplement in.

So I put a supplement in, and that's
when they told me she has two claims.

She has a claim for the auto body damage,
and a claim for the vandalism.

The $874 is for the vandalism.

If you look at these other two estimates,
it's a totally different claim number

-that she put the claim in for.
-May I see it, please?

-Oh.
-So these other two

are for the auto body portion.

-Not for the vandalism?
-No, it's two different claims.

When she brought you the car,
was there body damage on the car?

Absolutely. This is how the car
looked when she brought it in.

I'm not just talking about the...
can I see, please?

This is how her car looked
when she brought it to me.

Ms. Cosby, I have a feeling that you're
not going to like the outcome of this.

-No, I'm legit all the way around, so...
-Oh, really?

-Those are the afterward...
-Just a second... just a second.

This car was in a bad accident.

-Yes, correct in 2020...
-This car was in a bad acc...Hey!

This car was in a bad accident
shortly after you got it.

-Correct.
-Right, and you got a check from

the insurance company to fix this.

How much was the check that you got from
the insurance company to fix this?

The totaling amount I'm not sure,
but I think it was like $2001 or $2002.

-And you didn't have it fixed?
-No one wanted to fix it.

-Well he fixed it... just a second
-So I...

-Hey, Ms. Cosby, he fixed it!
-Mhm.

-Without my approval.
-What did you do with the $2000?

Oh, I paid my own personal bills,
because no one wanted to fix the car so...

-I have to keep living.
-Your case is dismissed.

Okay.

How's that? Your case... Hustler!

-Oh, it's not a hustle at all, ma'am.
-Hustler, hustler.

Absolutely... absolutely a hustle.

That's fine. That's your personal
belief, that's fine.

Because you had an accident in 2020. You
got a check from the insurance company to

fix it. I don't know how
much that check was,

because you don't have
a copy of that check.

You brought the car into him and said
"Now I have a broken back window."

I have a feeling, and I know
it's only a feeling but,

this is my program so
I can vent that feeling.

That you went to the first place
to fix the car and you said to them

"I want you to fix the front
and the back." and they said "No."

That was for something else,
you already got paid for that.

That's incorrect they didn't want to do
an estimate altogether.

-Yeah I don't believe you.
-You don't have to.

I don't... Well, I don't.

-You don't have to.
-That's why your case is dismissed.

That's fine.

Now I'm getting to your counterclaim.

Because you put a mechanic's
lien on the car?

-Yes, I have it here.
-Great, so...

You've got a mechanic's lien on it.
She can't sell it.

I'm not giving it back to her.
I'm not ordering it back to her.

You have the car?

-Yes.
-Sell it!

I need that signature on that
paper to be able to do so.

-From whom?
-From her.

-Or you can sign it, just the same,
-I can't...

To turn over... that says she has
no more interest in the car.

She does have an interest
in the car. It's got a lien on it, sir.

-Absolutely.
-You're gonna have to pay off this note.

Do you understand? I don't think you're
gonna be able to get the money

after you pay off the note.

-But you fixed the car...
-Absolutely, I did.

I think that you're entitled to money
for fixing the car on your counterclaim.

She's going to pay,
on your counterclaim.

Because I'm not sure whether you're gonna
be able to get any money on this car.

I don't know what's gonna happen
with this car,

I'm just not returning it to her.

-Do you understand?
-Yeah.

I'm going to try to make you
as close to whole as you can be.

Because I think what
happened to you was a hustle.

That's what I think. Usually... usually
I don't side with mechanics.

[laughing]

It's... It's just... It's just
been my experience.

-But I think that this is a hustle.
-I'm glad you changed today.

$3800 judgment for the defendant on the
counterclaim. Thank you very much.

-This court is adjourned,
-We're done.

I appreciate her decision. I believe she
ruled the right decision,

because I brought all my paperwork and
there wasn't another way to rule it.

She said she wanted me to help her
get her car fixed and that she was gonna

get the insurance and pay me
like she was supposed to do, but

I guess when she got the money she changed
her mind. All mechanics aren't bad.

-That was a surprise, for me.
-That was.

Did not think it was gonna go that
way when we reviewed it earlier.

When we talked about it, I looked at it,
and we spoke about it I said ya know,

sort of using my life's history.

Take the car in, don't worry,
I'll work with the insurance company.

Does a little bit more work, the insurance
company sends a check for a little less.

But he wasn't at fault,
she was the hustler.

He wasn't trying to make
an extra quick buck

like a lot of mechanics that we've seen.

-He did the work.
-No, he did the work.

She... she didn't bring the car
in there just for the...

back windshield...

it's a hustle.

It seemed that way, as soon
as somebody says...

"Oh, that thing from then has nothing
to do why we're here now."

-Immediate red flag.
-Bing!

Anyway, I'm glad that worked out.

-Me too. I'm glad you gave him the money.
-She's not gonna get...

And she's not gonna
get her car... Perfect!

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