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Michael R Varble, Esq.
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Michael Varble, Esq.’s Answers

692 total


  • Does a rental car company have to provide their insurance information after an accident?

    My parked car was hit by a drunk and uninsured motorist. She was driving a rental car from a rental car company is a shady (and potentially fraudulent) used car lot catering to under age/no credit/ no documentation crowd. They initially said their...

    Michael’s Answer

    Yes they do. There should be a code for the insurance carrier on the police accident report if the rental car company has refused to provide the information to you and any attorney who knows what they are doing can find out who the insurance carrier is for you.

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  • What should i answer to this question for a background check for a new job if i had a Dui?

    Have you ever been convicted, pled "guilty" or "no contest" or otherwise admitted guilt (including participation in first time offender program) as an adult to any felony or misdemeanor? Dui was more than 2 yrs ago resulted in court supervision...

    Michael’s Answer

    • Selected as best answer

    Be honest and deal with it head on. Hopefully
    It was your only incident and your employer should not think it is that big of a deal.

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  • Car accident and I failed to break, so I bumped the car in front pretty hard, then I tried to get away but I still pulled over

    I got 2 citations FAIL TO CONTROL SPEED, and ACCIDENT INCLUDING DAMAGE TO VEHICLE <$200. I have a court date, and I was wondering will I get jail time for this ? Or will I just pay? I have no I idea I'm new to this, I'm scared

    Michael’s Answer

    Unlikely that you will be looking at jail time unless you have a prior record, but you should consult a local attorney as soon as possible for more accurate advice.

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  • Can I file a medical malpractice claim against a hospital/nursing staff for negligence?

    During recovery for open obdominal surgery, my surgical wound became infected. I pointed out the infection to the nurse (the nursing staff did not catch the infection...I did and have a witness). I was assured my doctor would be contacted. Noth...

    Michael’s Answer

    Infection is always a risk of surgery and they are difficult to prosecute and be successful. I would speak to an attorney in your area that handles medical malpractice claims regularly and have him or her review your chart and your case. Good luck with it.

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  • Can i sue my soon to be ex wife for defamation of character for giving false information on police report?

    Its a long story but in my situation i read the police report and seen the cops had asked my wife some questions about me and she lied about every answer. She has no way of backing up her answers. Can i sue her and what can i get out of it?

    Michael’s Answer

    Talk to you lawyer. While rare, defamation claims of this nature are prosecuted in New York.

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  • Do i have any legal recourse for medical abandonement in this case.

    My personal doctor has dropped me as a patient, this was done over the phone by a nurse. I was told at that time i would get 3months of refills on my medications while I found a new doctor. Yesterday I went to the pharmacy to fill the perscription...

    Michael’s Answer

    You can only take action if the doctor deviated from the standard of care and you have been injured as a result. You have not mentioned any injuries that you have suffered and you would need another doctor to review the circumstances and be willing to testify that your doctor deviated from the standard of care.

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  • This question relates to a personal injury case.

    I currently am in the Discover stage of a PI case and my attorney is very new. The great injuries I sustained in this current case are completely unrelated to a PI case I had approximately 12 years ago and the defense is trying to subpoena the o...

    Michael’s Answer

    Well, in New York where I practice your attorney could move to quash the subpoena. I suspect California has a similar procedure and if the injuries are truly unrelated, then the old file is irrelevant. You are also assuming that your former counsel still has your file. While I do not know how long attorneys need to keep a file in California, in New York we are only required a keep a file for 7 years. I suspect the old file may have been destroyed by now. You may have to disclose something if the file still exists, like the documents showing what injuries were claimed to defeat the subpoena, but the defense attorneys should not be able to get into all of your old medical records.

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  • In West Virginia, can you refile a civil suit/personal injury case ?

    a few years ago my son was bitten in the face by a mixed breed dog (was part pitbull) while playing next door to the dogs home...my son ran over to the dog (no property line distinction/fence) onto the homeowners side and was bitten in the face. a...

    Michael’s Answer

    I would contact a local attorney at your earliest convenience and schedule a consultation. Avvo.com has a good find a lawyer feature.

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  • Can a city police officer, obtain patients blood, from a person who just had a motorcycle and was in ER with head injury!

    Had a motorcycle, on major highway, within the city limits no one else involved. Had a broken ankle, and bleeding in the brain. No one else to speak for me was at the ER, a police officer had been called to accident site. A nurse in ER gave the...

    Michael’s Answer

    While I do not practice in Texas, I would suspect that there is a method by which the Court can issue an order that permits the police to acquire a suspects blood who is involved in an accident. There is a procedure for it in New York. You need to speak to an attorney about whether the blood sample was obtained legally.

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  • Husband responsible for hit and run. What is my obligation?

    My husband was involved in a hit and run a year and a half ago. He clipped a car parked at a red light and ran out of fear. A cop showed up at our door a few hours later. He admitted his guilt, the police officer took pictures of the minimal da...

    Michael’s Answer

    Contact your insurance carrier and provide them with the summons and complaint. This is why you pay for liability insurance. The insurance carrier is obligated to defend your husband and indemnify you on a settlement or judgment. As for the house, if you were an owner of the car it does not matter if you owned the home prior to being married to him. However, your home and bank accounts won't come into play until a long time from now and there may not be any issue with it at all if the case is settled within the limits of your insurance policy.

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