How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LADYLAWYER Your Own Question

LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience:  Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
7887522
Type Your Legal Question Here...
LADYLAWYER is online now
A new question is answered every 9 seconds

Question in 2 parts: My company paid for my travel from Denver,

Customer Question

Question in 2 parts:
My company paid for my travel from Denver, CO to Flagstaff, AZ following a work related accident that was not my fault. I have an additional insurance benefit through the company that pays for hospitalization and travel when involved in any kind of accident and payment is directly to me regardless of who pays for any of the bills. My hospitalization was paid for by workman's compensation and my insurance paid their required benefit for being in the hospital. My company purchased my travel ticket on their company credit card and they are refusing to release that payment information so that I may claim my benefit from the insurance that they provided. The benefit would be $500 paid to me. Again, this benefit pays regardless of what entity pays any or all of the bill.
Second is that my company is withholding my personal belongings from a company vehicle that was involved in the accident. They recovered the vehicle and I have been told that my belongings were also recovered and stored in their facility at their company headquarters. They will not release my belongings to anyone else but me and following the accident, I cannot travel the 140 miles to the company headquarters to pick up my belongings in person due to disability. Contained within the belongings are documents that would reinforce that I was not responsible for the accident and may show negligence on the part of the company. I believe they know this and that is why they are making it hard for me to retrieve my belongings. The total value of the belongings comes to around $3,500 (I lived in the company vehicle for up to 6 weeks at a time).
Can I file in small claims court for the value of $4,000 and if so, how do I file when I cannot travel from my city 140 miles to their headquartered city? Are there other options I can pursue with a local attorney? Please note: Most of my receipts for the belongings were in the company vehicle because I was planning to do the prior years taxes during my down time.
Submitted: 1 year ago.
Category: Legal
Expert:  LADYLAWYER replied 1 year ago.

LADYLAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.

LADYLAWYER :

Sorry to hear about what has been going on here with your previous employer.

Customer:

Do you have a response based upon my initial question or do you require more explanation or information?

LADYLAWYER :

If you are in a position to hire an attorney in the city or county where the company is headquartered, I think you will be able to get both the payment information released, as well as your personal belongings, simply by having a demand letter written. The demand letter will threaten legal action unless the company complies with your demands. They are unable to withhold information needed to process insurance claims for employees and they are also unable to hold your personal belongings in the event you are trying to assign someone to be able to pick them up for you. I agree with you about what you believe are their motives in withholding your things; however, I do think you will be able to get this resolved with a simple demand letter.

LADYLAWYER :

Sorry for the delay. I had to reboot and retype my answer.

LADYLAWYER :

To answer your other question, if you have to file a small claims case against them, you may do this with the assistance of an attorney and you will not need to appear at the court house based on your disability.

LADYLAWYER :

If you need to be involved in any hearings, you will be able to do so telephonically.

LADYLAWYER :

Your previous employer would have to compensate you for legal fees and whatever it cost you to file the action in the first place.

LADYLAWYER :

I am most happy to help you with any additional questions you may have about this matter.

Customer:

As a suggestion, it sounds as if I would have to pay attorney hourly fee for a threatening letter. Yet if I do find an attorney who feels confident about the claim, I could pursue small claims and have my attorney fees paid for if the claim settles in my favor.

LADYLAWYER :

When a demand letter is written, it is usually for a flat fee. This flat fee will be included in the demand so that your employer will either have to compensate you for having to hire an attorney to write the letter, or face small claims.

LADYLAWYER :

But there is no need to go through with small claims if you can get what you desire with a letter, including the cost of the letter itself.

LADYLAWYER :

Generally, you are looking at about $250.00

LADYLAWYER :

But yes, you would pay this up front, just like you would have to pay the amount to file the small claims action and your attorney's fees up front if you went to court.

LADYLAWYER :

You can use www.martindale.com in order to find civil litigators or employment law attorneys in the general vicinity of your previous employer.

Customer:

Thank you for your response. This will help me in finding an appropiate attorney and based upon their response and your advice, will aid me in determining if I should use their services. I am happy to rate your service as excellent.

LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
LADYLAWYER and 12 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
LADYLAWYER
LADYLAWYER
Owner of my own law firm
3822 Satisfied Customers
Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts