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Philip Matthew deMaine

Philip deMaine’s Answers

12 total


  • Got into a car accident? Sisters policy did not cover me. Now they want me to pay damage fee

    Going on a green light when te driver on the opposite side turns left. Resulting in me crashing into her. Police reported that none was at fault. Few days later i get a bill saying i would need to pay for the damage fee of the car. There was no i...

    Philip’s Answer

    I agree you don't have to do anything unless a claim is brought against you in court. Then you will need to defend it and talk to a lawyer.

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  • Rear end auto accident where front driver slammed on brakes - rear driver 100% at fault?

    Front driver saw people on sidewalk walking up to crosswalk - too close to stop safely - slammed on brakes - No one was in crosswalk - Police were present - no citation issued to either driver - Portland Oregon

    Philip’s Answer

    Not necessarily. Generally speaking, all drivers owe a duty to act with reasonable care when driving. While the following driver was probably following too close, that does not mean that he/she is 100% at fault automatically, and I have seen cases where the driver in front has been found at fault (sometimes even more at fault). Talk to your insurance company, though, to make sure they are on board and can provide you with legal counsel if necessary.

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  • What can i do if i was wrongly accused of abuse on a resident in a nursing home and was fired without investagation..

    I have a witness that was in the shower room with me..I was pulling off a piece of tape from residents skin and cause a skin tear the resident has no feeling from waste down so he didnt even know i did it..I told what happen and he said dont worry...

    Philip’s Answer

    I'd recommend consulting with an attorney in your state. While you may be an "at will" employee, your employer may have had some written policies and procedures regarding discipline and termination of employees. It would be well worth spending 30-60 minutes with an attorney to discuss your rights.

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  • Do I need a lawyer ?

    My co worker accused me of saying racial word to her.My boss talked to us and it was determined that its an unfounded alligation.Then she accused me of hitting her car in the parking lot.I went to the police station to show my car if it has a da...

    Philip’s Answer

    At this point I would recommend getting a lawyer. Keep open communication with your boss and, if helpful, see if your boss can ensure things are documented in employment files to protect you. If it escalates, you could seek legal advice later.

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  • I bumped and scratched a car in a store parking lot and I have photos that both of her tires were covering more than one half oF

    I bumped and scratched a car in a store parking lot and I have photos that both of her tires were covering more than one half oF the white line painted on the ground so I could not avoid her car when parking am I 100% at fault? For tiny scratch...

    Philip’s Answer

    Make sure you talk to a local attorney. I don't practice in your jurisdiction, but generally speaking a parked car is not going to be at fault for this, even if parked a little bit. I'd suggest talking to your dad if you can bring yourself to do so. Contacting the insurance company may be the best thing to do, but it would likely be your dad's insurance.

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  • Should I get an accident attorney?

    I was slowly and cautiously backing out of a driveway. As i looked left i got hit from the right at least 8 seconds after my rearend had first entered the roadway. The other driver said he didn't see me. A witness not a party said the other driv...

    Philip’s Answer

    You need to speak with an attorney in your state. In my opinion, the indpendent witness is the key to your case as to the liability issue. So often accidents are a "he said, she said" proposition. If there is an independent witness supportive of your position and who witnessed the other driver driving too fast or otherwise not paying attention, this could be the most helpful part of your case. Good luck!

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  • They totaled my car but their insurance had lapsed. I had insurance but not uninsured motorists coverage. What are my options?

    On June 23rd, a white 2006 Chevy Impala crashed into my 2002 silver Kia Spectra and totaled it out as I was heading from work. Her front end collided into my driver front side and I was pushed off the highway into a large ditch. The driver admitte...

    Philip’s Answer

    I agree you need a local lawyer, but many will not take your case because there is no available insurance. You must hope that the at-fault driver has a decent job or other assets from which you can collect. You will need to bring a lawsuit most likely, hopefully obtain a quick and easy default judgment and hope to be able to collect on that judgment. But do consult with an attorney. Good luck.

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  • Can i go after a company that makes prenatal pills?

    I hope this makes sense. I found out i was expecting baby number three for me and my husband. I did what i did with the last two. started eting better and made doctos apointments. My apointment was still a long ways away so i went into the store ...

    Philip’s Answer

    I'm sorry to hear about your loss, as that is obviously an emotional and painful experience. From a legal perspective, the biggest challenge for you would be to link the loss to the prenatal pills, as there are numerous other causes that could be involved. Additionally, the drug manufacturer will have a team of experienced attorneys. They do not just easily settle these types of claims, in general, and are likely to put up a major fight.

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  • Should I fight my ticket for following too close?

    I was involved in an accident when merging on an on ramp at 8:45 pm in Seattle, WA. There was a car who had stoppped at the end of the on ramp, that caused two cars to completely stop behind them. I came around the bend of the on ramp and saw th...

    Philip’s Answer

    My recommendation would be to only fight the ticket if you actually have witnesses who will support your version of the accident. Do you have the names of the other drivers and their contact information? If so, it may be worth a shot at fighting the ticket if you can get written statements from them. Good luck.

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  • My van was impounded after a motor vehicle accident along 1-5 N of Tacoma, wa. Is it legal?

    My son fall asleep on the wheel that causes an accident 20 ft away (right lane) of the freeway along the berry bushes in 1-5 in Tacoma, Wa on our way back home to Seattle at around 3 am. I was trying to make an arrangement with my AAA towing, when...

    Philip’s Answer

    Yes, it was likely legal. The highway patrol is generally given latitude to remove vehicles for public safety reasons.

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