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August 20, 2004
iranian.com

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Hit and run

Dear Mr. Taheripour,

What do I do if I get in a car accident and the other person drives off without giving me their insurance information?

J.L.

Dear J.L.,

Assuming that the driver of the vehicle that drove off was not identified, your only option is to pursue reimbursement by way of your own insurance company. If your policy includes uninsured motorist (commonly referred to as U.M. coverage), your insurance company will pay for your vehicle, medical bills and pain and suffering.

Uninsured motorist is applicable in two situations: 1) In case of a hit and run, such as your case; 2) Where the vehicle responsible will even acknowledge liability, however, the driver simply does not have any insurance and the only option is to recover from your own policy.

Assuming that your have U.M. coverage, I would suggest making a claim with your insurance carrier immediately. With personal injury claims, the longer you wait, the more difficult it will become to recover full reimbursement.

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Collectors: Threatening calls

Dear Mr.Taheripour,

After I moved out of my last apartment, I got a bill that I owed a sum for six months rent because I broke the 1 year lease. But as I had explained to the building manager time and time again, I had to move out because infestation of vermin, which I noticed soon after I moved in and although I was promised they would be fixed, they weren't.

So I got fed up and moved.

I refused to pay the building company and they have now referred me to a collection agency that keeps calling me with abusive and threatening calls (like I will go to jail) both at home and at work. I want to know if what they are doing is legal and what I can do to make them stop?

Anon.

Dear Anon.,

First and foremost, the collection agency has absolutely no right whatsoever to threaten you with “jail time.” Collection agents do not have such “powers,” and it appears that these phone calls are simply attempts to recover on what they believe is an outstanding debt. Most collection agencies buy a debt from the owner (i.e. the landlord in this case) and will collect 10-25% of any amount which is recovered.

Also, the landlord cannot simply sit back and say “oh well, my tenant left six months early so I will just sit here and not do anything and eventually sue him or her for the remainder of the lease.” Rather, the law mandates the landlord to take affirmative steps to find a new tenant as soon as possible. This is known as the duty to mitigate damages. For example, if there was 6 months left on your lease and the landlord took two months before finding a new tenant, you would only be responsible for those 2 months and nothing more.

Finally, with respect to the infestation of vermin, the landlord has an obligation to keep the premises in proper living condition. By failing to do so, he has breached his duty known as a warranty of habitability. Assuming that you had notified the landlord (preferably in writing), you would have a basis for early termination of the lease.

I would suggest having an attorney review your rental agreement and take the necessary steps to prevent the collection agencies from harassing you directly at work or home and only communicate through your attorney.

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Green Card lottery online

Dear Mr. Taheripour,

Can I file lottery "Green Card" (2006) application and submit via internet, here in USA in behalf of my sister & brother (spouse & children) who lives in Iran? Or they (sister & brother) have to apply directly themselves from Iran.

Abbas

Dear Abbas,

Nowadays, you can only file the Diversity Visa program, more popularly known as Green Card Lottery, electronically. Since last year, the Department of State has stopped accepting paper applications. The instructions, in great detail and specificity are to be found on the U.S. Department of States’s official website.

Since the DV-2005 application period is over, we are awaiting the new Diversity Visa Program 2006 information by the US State Department. Check the Department’s website until they post the newest information and follow the guidelines.

Under the DV-2005 instructions, the Department stated that applicants may “have someone submit their entry for them” however you must check the new instructions in case they have changed that regulation.

Ali Taheripour, Esq.: a_taheripour@yahoo.com
Law Offices of Ali Taheripour
12754 Ventura Blvd, Ste D
Studio City, CA 91604
Tel: (818) 754-6777
Fax: (818) 754-6778

Main areas of practice are civil litigation (including personal injury) and immigration law.

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