Have Legal Questions? Ask a Lawyer Now.
Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.
Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO XXXXX CREDIT, if not the site keeps your money on deposit.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
But the insurance company with held the evidence of the crime since 2009 , and the complex of course for their own safety stated that they lost the evidence since 2009 " renters application ".
So I as the victim have not been able to gather this information until recently when the insurance company finally turned over the evidence, note the insurance company waited until after the statue of limitations ran out for me to sue the complex.
Do you understand ?
Let me help you, lets replace the criminal offense of fraud with murder , lets say a life insurance company was investigating a murder of their insured, lets say that the insurance company found out who committed the murder but the police was to dumb to see, would the insurance company investigator have an obligation to report what he has found in his findings? What if the insurance company investigator hid the evidence and did not report the murder ?
Please cite the obligation violations by the insurance company .
Thank you for your response. It takes some time to respond as we are working with multiple customers and also looking at case law takes an incredible amount of time, so I do not appreciate your bad rating when I was diligently working on your matter. I do understand what you are saying. You are also saying you did not report the crime to the police or to the DA. However, now that you did turn up the evidence you can report it to the DA. Furthermore, in order for the DA to charge the insurance company, it would have to be as an accessory to the crime. With regards XXXXX XXXXX accessory, to charge the insurance company with accessory to the crime of fraud, the courts have held that there are few Florida cases discussing what level of knowledge the defendant must have of the underlying crime. Mere suspicion that a crime has been committed is not enough. State v. Gardner, 112 N.M. 280, 814 P.2d 458 (Ct.App.1991). On the other hand, it is not essential that the State prove that Ms. Bowen was an eyewitness to each of Carr's crimes. See State v. Taylor, 283 So.2d 882 (Fla. 4th DCA 1973) (reversing dismissal of information for accessory after the fact when traverse alleged that the principal told defendant she had committed crimes). See: Bowen v. State, 791 So. 2d 44 (Fla. App., 2001) The court concluded that the state must prove that the insurance company either directly knew or was provided sufficiently reliable information of facts that would give a reasonable person sufficient basis to believe that the complex had committed the crime alleged. See: Bowen, supra.Thus, you need to report the crime against the complex and the DA has to investigate to determine the involvement of the insurance company to determine if there is sufficient evidence to charge them as an accessory under FL Statute Ch. 95-184, § 13 or just charge the complex.
Ok well the insurance company revealed they had the evidence during a deposition in 2009 and then refused to hand over a copy of the evidence to to the victim. Of course everyone needs evidence to report a crime to the DA.
What level of knowledge do you consider the insurance company would of had of the crime when they had the evidence in 2009 and the crime was pointed out during a deposition by the victim in 2009 ?
Sorry about the rating it can be fixed.
You want to hear the interesting part is that the police investigators should have had access to the documents even without the insurance company if they had properly investigated the burglary of the apartment then they should have been able to clearly see the evidence not only to the crime of burglary but also to the crimes surrounding the burglary wouldnt you agree ?
can you cite the laws that the police officials violated , would it fall under negligent misrepresentation ?
Actually I found out each police department is different with their reporting a crime policy.
It is a fact that the police lied on the initial report with mis-statements about window locks which evidence is available and clear, and it is also a fact the police took it upon their self to include the fact that the complex is low income in their statements and report attempting to make me look like a lier.
If I would have knowingly filled out the complex low income paperwork I would have been charged for making a false police report if the assets in the application was different than what was reported stolen as per my possessions, I would say they looked there to attempt to make me look like a lier and charge me as they hated me that much it seems. They even made statements that they didnt like me and that I look amish as well as other statements on the record in depositions.
Thank you for your additional information. Again, police departments and officers do have discretion on how they conduct their investigation and some police officers conduct a better investigation than others, but again they are covered by the qualified immunity.If you are alleging they intentionally discriminated against you because they thought you were Amish, this is a different story and a civil rights violation and you can sue for that discrimination. Again, it still does not account for the fact you have not filed a fraud complaint with the DA regarding the fraud committed by the complex.
Thank you for your continued bad ratings. You have been given the case law and I understand you keep wanting to blame others for this, but you need to still report the complex for the fraud and you need to do that now and the DA will investigate the matter as discussed above.
Can you send the case law link again please .
I myself dont see the point in asking a question and having to look up the answer myself, just answer cost us users 25 and up per question , if I paid for an attorney at 160 per hour I would expect on an average about the same amount of questions to be answered.
I know attorneys these days are mostly bias nature corporate robots so I dont waste my gas money but I understand there are a few attorneys that know right from wrong and how to put the corrupted ones in check. I appreciate your attempts to share the citation with me but I do feel that citing the law should be the priority of a legal question.
Thats ok , I apologize I just assumed the laws are located in the statues not in other cases , just a small misunderstanding , I appreciate your assistance in confirming what I needed to confirm,
Good luck to you
If you like you could take the case . I have have all the required documents to prove the facts.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).