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David Blain’s Answers

131 total

  • Backed into an improperly parked car. Is this 100% my fault?

    I was leaving work one night after dark. Another employee was parked improperly behind my row of cars. As backed out, I backed into her car. We had a police report taken and it stated improper parking as a factor in the collision. Am I 100% li...

    David’s Answer

    I'm not a Kentucky attorney and I would advise you to speak with a Kentucky attorney about this.

    However, generally speaking the person who illegally parked would also be somewhat at-fault for the accident if the illegal park job contributed to the accident. Which it sounds like it did.

    Usually what a "no-fault" rule means is that unless you are 0% liable, you will be cut off from recovering from any other party. In other words, in order for the Plaintiff to recover for his/her damages, he/she must not have negligently caused the damages in any amount. Whether this is true of Kentucky is for a Kentucky lawyer to tell you.

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  • Can i get my deductible back from car accident?

    January 21st, 2012 I was driving home from work in the snow and was about to turn left, when my car slid to a stop in the left turn lane. I was only going about 10 MPH, the person behind me passed me on right, but a woman in a Jeep failed...

    David’s Answer

    I answered this question already, but yes, you have a right to be reimbursed your deductible from the at-fault party. Work with your insurance company to resolve this issue, it sounds like quite a bit of time has passed. Do not delay.

    Also, I have assumed that the other driver is at-fault. You would only be able to recover from an at-fault driver. If you were considered to be at-fault then you would not be able to recover from the other driver involved in the accident.

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  • Somebody rear-ended me, Can I get my deductibles back?

    Not at fault accident, can I get my deductibles back? I was rear-ended I'm going to have to fix the car with my insurance company. The initial estimate was ~$3000 and my deductibles is $1000. Ideally, my insurance company would pay the differen...

    David’s Answer

    Yes, you can seek "damages" from the at-fault driver, which would include reimbursement for your payment of the deductible.

    Submit the claim to your insurance company without delay and work with them in resolving the matter. You may have to pursue the other driver in small claims court.

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  • Why don't you all have identifying information whether you are a defense attorneys or the plaintiff's lawyers, especialy

    for medical malpractice and bodily injuries? Shouldn't you identify if you represent the injured individuals or the defense (corporations, businesses, and hospitals/doctors/nurses)?

    David’s Answer

    Many attorneys represent both plaintiffs and defendants in their respective claims. Some attorneys do limit their practice to Plaintiffs only or Defense only, and this claim is normally asserted on the attorney's website.

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  • Incorrectly listed defendants in a civil lawsuit?

    If a defendant in a civil lawsuit for an embezzlement incident had falsified checks out to his/her relatives, is it correct for the plaintiff's attorney to list them also as defendants, even though they were not directly involved? The relatives h...

    David’s Answer

    Who to name as a proper Defendant is within the realm of the Plaintiff's, or Plaintiff's attorney's, discretion. Based upon the limited facts you have provided, it is my opinion that the familial relationship between all of the Defendants is enough to properly name each as an individual defendant.

    Only after discovery has taken place and more of the facts have been gathered will the Plaintiff or his/her attorney consider dismissing some, or all, of the Defendants.

    But, so long as a Defendant has been named in the lawsuit, that Defendant is responsible to adhere to all court deadlines and obligations imposed upon parties to a lawsuit under the Code of Civil Procedure and the Evidence Code.

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  • Is it possible to file a declaratory of relief in California myself to request the judge to void/terminate my apartment lease?

    I signed a lease with a roommate I found on craigslist. After 2 -3 mths we did not get along and had major conflict issues. I discussed with the apartment management (Irvine Company) what we could do to break the lease earlier than expected. Th...

    David’s Answer

    I agree with Mr. Chen.

    You are responsible to the Irvine Company under the lease agreement that you signed. Unless the Irvine Company decides to release you from any liability, they can claim any unpaid rent from you.

    However, the Irvine Company cannot recover damages which through the use of reasonable care and efforts could have been avoided. For example, if you had 9 months left on the lease and through reasonable efforts the Irvine Company re-rented the unit after 2 months, then you'd be liable only for the 2 months in which the Irvine Company was actually out rent.

    The Irvine Company has to make a reasonable effort to re-rent the unit. If it makes such efforts but is simply unable to re-rent the unit then you are liable for the entire amount.

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  • How to file motion to force production of documents and the original copy of the copies?

    What are the other requirement beside 'meet and confer'?

    David’s Answer

    • Selected as best answer

    Read the following statute which governs demands for production of documents and motions to compel production of documents:

    For the format of a discovery motion please read the following:

    There are quite a few requirements and issues that need to be addressed. First of all, you need to have actually requested the documents that are the subject of your motion in a demand for production documents.

    The responding party had 30 days to provide a response stating: (1) they will comply and produce the records; or (2) they object to the demand or part of the demand, stating their objection; or (3) that they are unable to comply with the request and they must state such reason(s).

    The procedure in bringing a motion to compel is different for when there is a response verses a complete failure to respond.

    When there is a complete failure to respond, there is no deadline to bring the motion to compel. No meet and confer declaration is required (although it is a good idea to include one) and the moving party is not required to establish good cause for the court to grant the motion. A separate statement is also not required where no response has been made.

    Where a response has been made but it has been determined to be unsatisfactory by the demanding party, then the motion must be brought within 45 days of the service of the response. Moreover, a meet and confer declaration must accompany the motion as well as a separate statement, notice of motion and memorandum in support thereof. The moving party must also show good cause why the Court should compel further responses. This means specific facts must be set forth as to why the additional discovery is justified.

    If the documents you need are crucial to proving your case, it would be a good idea for you to pay an attorney to write the motion for you. It will increase the likelihood of the success of such a motion being granted in your favor by the court.

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  • I am involved in at fault rear end collision.after 8 months i got married.will my spouse be liable to the lawsuit ?

    i am involved in at fault rear end collision 2 yrs ago.after 8 months i got married.since 1 year i m unemployed and dependent on my the time of accident i only have 25 k per person and 50 k per accident liability limits.the car i hit has...

    David’s Answer

    You should be seeking the advice of a New Jersey lawyer with expertise in the field of personal injury and/or asset protection or marital property under New Jersey law.

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  • Somebody put a tracking device on my car. Can I sue for punitive damages in small claims court in california?

    I have proof

    David’s Answer

    You are not allowed to recover punitive damages in small claims court. And even if punitives were available I don't think you'd be awarded them based on the facts you provided.

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  • I was driving my moms car and didn't have insurance or licence. Now. What can I do to get the car out of impound

    I backed into a car parked directly behind me did not see her. She didn't have a license either it was on a private property. It just so happened a police officer was walking by and both of our cars are impounded for 30 days. The vehicle is my ...

    David’s Answer

    Tell your mom what happened. Take her down to the impound lot, pay the fee and they will release the car to her.

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