Skip to main content
D. Scott Blair
Avvo
Pro

D. Blair’s Answers

8 total

  • I gave my friend to drive my car without insurance he wrecked my car who is responsible for the damage ?

    The accident happen in Florida police report was made but no one got a ticket the police said Florida is a no fault state the driver who hit my car his insurance company say its my friends fault will i be held responsible for the damage caused in...

    D.’s Answer

    Fault usually follows the driver since cars can't drive themselves. I would check with a local Florida lawyer, but the only way you can be personally liable I would think is if they can show you negligently entrusted the car to him knowing he had a bad driving record. If he had a decent record and this was just an accident, then your friend will likely be on the hook, not you.

    See question 
  • Personal Injury lawyer says he does not have time, find some one else

    I hired a personal injury lawyer because he was very nice and always available whenever I called him (before signing contigency agreement) ...but just a day after signing agreement everything changed...he would not respond to my call or return my ...

    D.’s Answer

    I agree with Evan that he might claim a lien, however if he told you to find another lawyer, one could also argue that he has has waived any lien by telling you to find someone else only three months from the statute of limitations. I would suggest that if he is intent on you finding another attorney you should ask him to withdraw so you can hire another attorney without having to worry about a lien. You will still owe for the out of pocket expenses associated with getting your medical records and such, but at least then you are free to hire other counsel without worrying about a lien for his time. As for the bar complaint, I don't think it is worth your hassle. Consider his withdrawal a gift if he does not want to talk to you. How would it be if you had to go to trial with him and face a jury, and the jury picks up on the fact he does not treat you well and does not care for you. With the statute of limitations approaching you need counsel who is willing to go to arbitration or trial. Often times, attorneys who do not try cases and who see that a case is likely to be tried will withdraw if they don't have the experience or staying power to take a case to trial. If that is what is happening, get him to withdraw and find other counsel. If you terminate him, he will possibly be entitled to a lien. So ask him to withdraw, and if he refuses then tell him to put his big boy pants on and get ready for trial if he calls itself a trial lawyer. Frankly, if the insurance company knows you have hired a lawyer that tries cases regularly, they are far more likely to make a fair settlement offer than with someone who doesn't try cases. Moral of the story, if you hire a paper tiger, it will fold when the insurance carrier puts weight on it. Get someone who enjoys trying cases. Having tried well over 100 jury trials, give is a call and if we can't help you being in Seattle, we can give you the name of a good trial laser in Tacoma. Scott Blair

    See question 
  • What should i do? how can i go about this? Can i sue him?

    so i was involved in a hit and run, car behind hit me, causing me to hit the vehicle in front, he then reversed and hit the car behind him. Everyone moved to the side to trade information. Once he (the drive that caused the accident) heard the pol...

    D.’s Answer

    If the car was truly stolen, was there a report filed prior to the accident? It sounds strange that a guy who just stole a car would even stop for an accident as opposed to flee the scene. I mean, think about it, why would a guy who stole a car even stop and risk getting identified in a car he just stole? Is this a car thief with a modicum of morality? I doubt it, and I suspect mthe owner of the car is spinning this tale to avoid responsibility because he may not have insurance. If this the case, then you will need to turn this in to your own carrier under your uninsured motorist coverage. When we handle these types of cases, we make sure to investigate the at fault owners claim the car was stolen, because most of the time it is just a story the owner is spinning on the hope they can avoid responsibility for their negligence. Finding the truth and exposing it is very important in these cases to preserve your rights under your underinsured motorist policy.

    See question 
  • I am having major issues with Progressive insurance delaying my repairs so they can use after market parts while I pay for a

    rental car out of pocket. My car has been in the shop for the fourth week now and they continue to delay and my shop has told me it is becuase they are denying their estimate so they can find after-market parts from wreck yards and specific vendo...

    D.’s Answer

    Yes, you have a claim. Take a look at WAC 284-30-330 through 380, under the insurance commissioners administrative regulations. Keep writing very nice sounding letters to them asking them to do the right thing, as these letters will eventually become exidence against them and you don't want to come across as an ass- let them occupy that role. If you eventually have to file against their insured to get your car fixed, there will be a nice trail of evidence showing who the real villain in this process is. Juries like to do the right thing, and when they see that progressive is abusing their position, they will hammer their insured for it. I doubt they will let it get that far. If there is no injury from this accident. Contact an attorney who does property claims. If there is an injury, contact counsel that does handle injury claims. I have found that filing the propery and injury claim together in cases where the carrier wants to be a pain gives a big advantage to the plaintiff because it brings insurance into the courtroom where normally it is not admissible. Carriers want to keep jurors in the dark, thinking that any verdict comes out of their insureds pocket so they scrutinize the claim closer. But when you bring the property claim with the injury claim, it puts tremendous pressure on the carrier to settle out the propelrty claim so they can keep the jury in the dark on insurance. If there is. O injury, and your damages are less than $4,000, then consider taking the defendant into small claims court. There are no lawyers allowed there, and the adjuster will have to come into court and justify themselves since the guy who hit you has nothing to do with the repairs. There is nothing adjusters hate more than having to do this, and will magically find a way to get the car fixed to protect their insured if you do this. Good luck.

    See question 
  • Is a medical mal practice settlement subject to being taxed?

    Is a medical mal practice settlement taxable? I realize the portion for lost wages may be, but what about the portion for pain and suffering?

    D.’s Answer

    No, as my friend Kevin has stated. However, if the defendant requests confidentiality, then a portion of the settlement can be taxable that is attributable to the value of the confidentiality. The IRS has for the last ten years taken this position, so if you do agree to confidentiality, make sure you allocate in the settlement agreement a definite amount for confidentiality so you can point to that as the taxable portion attributable to the confidentiality, and prevent the IRS from deciding on their own what they think it is worth, and how much tax would be owed. If you google the old Dennis Rodman case on this issue it lays it all out for you. Moral of the story, make them pay more.if they want to keep a med mal settlement confidential.

    See question 
  • Are doctors subject to Mahler reduction or anything similar to this in Washington State?

    I'm a doctor in Seattle, and an attorney sent me a letter including a subrogation worksheet which reduced my fees by 1/3rd, and a check. He cited Mahler and RCW 60.40.010 as the reason for reduction. To my knowledge, Mahler pertains to the insur...

    D.’s Answer

    This lawyer clearly does not know what he is talking about. There is no Mahler deduction applicable to doctor bills. Mahler only applies to insurance companies claiming a right of subrogation against their insured when they have recovered from a third party. It sounds to me like this lawyer is simply looking for a way to pay you less because he settled for too little and needs to make it up somehow to his client and came up with the Mahler excuse hoping you would fall for it. Either that, or this lawyer has never read Mahler, which suggests that he does not practice much in the personal injury area. Lawyers who play these games with doctors are generally have short lived reputations with the chiropractic and medical community. In short, either settle the case for an amount that is fair for the client and his medical providers or take the case to arbitration or trial. That's why we are called trial lawyers.

    See question 
  • Should I seek an attorney to negotiate rear-end accident settlement? (~5k car damage & injuries)

    I was struk from behind by the son of a driver who stopped short in front of me. The act seemed malicious but the driver was not charged with assault. His Insurance Co has accepted liability but won't negoitiate the settlement without me making s...

    D.’s Answer

    By all means get an attorney in your area who is experienced in personal injury. In complex cases like this, the longer you wait, the greater the chance of giving the adverse carrier something that they willlater use against you. Get counsel right away.

    See question 
  • Getting a Video deposition, when i already have a witnesses written deposition. the witnesses is a very busy person. What to do?

    My lawyer says he called him, but witness never called him back, I told the witness before he gave me the 1st statment that would probly be all we'd need from him. Now the opposing lawyer wants to try to punch holes in his statement, so we gave t...

    D.’s Answer

    This is your lawyers job unless there are facts you have not mentioned that would justify why your lawyer wants you to be the one t arrange an interview or a statement. However, when it comes to a video deposition, it is definitely his or her job, since a deposition has to be taken by your lawyer, not you. Since a deposition is a legal proceeding, your lawyer is definitely the one that should be arranging and taking it so there are no regrets later on at trial about what could or should have been asked.

    See question