Mark Carleton Blane’s Answers

Mark Carleton Blane

San Diego Car / Auto Accident Lawyer.

Contributor Level 14
  1. What legal action can I take if an auto lease (which was not mine) was added to my credit report and caused my score to drop?

    Answered over 4 years ago.

    1. Mark Carleton Blane
    1 lawyer answer

    If they negligently or knowingly did so, then you could have some damages known as "damages to credit." What I would do is write them a letter and get them to remedy it. Tell them you need this done as soon as possible. Under the Fair Credit Collections Act they have to respond to you in writing within certain time frames. This letter from them should narrow the focus as to what happened. If they ignore your request, or respond but avoid your issue, then you definitely having something...

    1 person marked this answer as helpful

  2. What is the statute of limitations on a slip and fall case in California?

    Answered over 4 years ago.

    1. Brian Richard Dinday
    2. Kenneth Lewis Swenson
    3. Guy Scott DiMartino
    4. Mark Carleton Blane
    4 lawyer answers

    There is a two-year statute of limitations in California for such a claim, so your time is still okay. You should seek counsel with an experience personal injury attorney to not only review liability (is Ralph's at fault for the water being there), but also your medical care since the date of the accident.

    1 person marked this answer as helpful

  3. Can car insurance deductible be denied for a no fault situation

    Answered over 4 years ago.

    1. Mark Carleton Blane
    1 lawyer answer

    If you have the license plate number of the vehicle that sped away, you could file a SR-19 with the CA DMV to see if there was a valid insurance policy in place on that vehicle. You have to file a SR-1 (if you have not done so yet) with the SR-19 at the same time. The SR-19 costs $20.00, the SR-1 has no charge. It takes about 4-6 weeks and all forms are online at www.ca.dmv.gov. Your deductible should be 100% waived by your insurance company if it is proved that you were damaged by all...

    1 person marked this answer as helpful

  4. I slipped and fell in a furrs fresh buffet restraunt a few days ago. the floor was wet or greasy or something. is it worth pursu

    Answered about 3 years ago.

    1. Mark Carleton Blane
    2. Biju Varghese
    3. Steven Alan Fink
    4. Jeffrey Mark Adams
    4 lawyer answers

    Yes, definitely retain legal counsel on your Texas Slip and Fall injury claim - if you are injured, then you should pursue it (in case your injuries get worse!). Your lawyer should handle the liability aspects. If you have private health insurance, then you I am sure your lawyer will probably want you to treat under that unless otherwise instructed. You are on the right track so far.

  5. I hit a teenage girl with my truck. She ran into traffic. I have witnesses and police reports. Her parents are suing.

    Answered about 4 years ago.

    1. Mark Carleton Blane
    2. Bradley Todd Cheskes
    3. Andrew Daniel Myers
    3 lawyer answers

    Your insurance company should have assigned counsel to defend and indemnify you. Your questions leave little facts for me to analyze further; however, if you have witnesses indicating she ran in front of you and you had no time to react, then you should be fine. Review the police report for witness statements, and what the police officer concluded. Assuming he did not witness the accident, review how he came to any conclusions on the issue of fault, if any. If everything supports your...

  6. What are my rights as a tenant whose home is being sold by the owner?

    Answered about 4 years ago.

    1. Mark Carleton Blane
    2. James Coy Driscoll
    2 lawyer answers

    Your owner will be on the hook for damages to you as a result of the breach of the lease. This could include moving expenses, full return of your deposit, if any, and other damages that reasonably "flow" from the breach. Since this area is not my specialty area, I would like to refer you to a good resource for you. Check out www.tenantslegalcenter.com. They also have free downloads for you, etc. Best of luck with this issue, mb

  7. Car accident with no insurance in california?

    Answered over 4 years ago.

    1. Mark Carleton Blane
    2. Peter Clancy
    3. Claude Armand Wyle
    4. Jeffrey Michael Donato
    4 lawyer answers

    From your question, you indicated your vehicle at the time of the accident was uninsured, and you also indicated the other party sustained no property damage or injuries. Thus, as long as this remains constant, then you should not have any "third party" claims from the other people (property or bodily injury). You will just be out of pocket your property damage (assuming you also sustained no bodily injury. You will have to "wait and see." California law carries a two-year statute of...

  8. DUI Car accident, scuffed neighbor's car parking. I was already parked when the cops came, but was still arrested. Advice?

    Answered over 4 years ago.

    1. Matthew Edward Williamson
    2. Robert Lee Marshall
    3. Mark Carleton Blane
    4. Joseph A Blaszkow
    4 lawyer answers

    Yes, you will need to defend yourself through a private criminal attorney, or public defender. It appears you were arrested at the scene for DUI and there is plenty of evidence to show you were driving under the influence of alcohol. You will need to seek competent counsel in criminal law as to your legal strategy. On the civil side, you will need to confirm your insurance company is handling the property damage.

  9. In California is there any way around the 3rd party liability?

    Answered over 4 years ago.

    1. Jessica Sommer Grigsby
    2. Mark Carleton Blane
    2 lawyer answers

    Your questions pertains to the subrogation rights (the right to reimbursement) your insurance company has to what they expend in medical payments. Yes, they have this right in California. However, it is limited to certain exclusions. For example, if you retain counsel for your son, a good attorney can negotiate a hefty reduction of the reimbursement right to help increase the net recovery to your son, and help to usurp the cost of using an attorney. Certain State law protections in...

  10. Rear ended vehicle that stopped suddenly and given field sobriety test.

    Answered over 4 years ago.

    1. Steven C Eggleston
    2. Matthew Edward Williamson
    3. Brian Richard Dinday
    4. Mark Carleton Blane
    4 lawyer answers

    Right now, notify your insurance as soon as possible. Let them protect and indemnify you.

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