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Nicole M. Winston
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Nicole Winston’s Answers

10 total

  • My medical bill for my car accedent injury was 35000. I was a passenger and car hit us.

    Once I get my settlment check do I have to pay the 35000 dollers from my settlment check or do the insurance pay for it. Be couse they coused the accedent thnx

    Nicole’s Answer

    If your settlement check is for pain and suffering from the at fault driver's insurance company... This settlement does not include medical expenses. You have a separate claim for medical bills called your no-fault claim. This typically comes from your own (but there is a whole scheme set up for determining who pays your no fault benefits) but please be aware there is a 1 yr time limit for making this claim in addition to one yr to get any bill paid from the date you incurr it. I would urge you to talk with a lawyer who specializes in no-fault automobile insurance claims.

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  • Are my assets in jeopardy if my 19 year old son gets into an accident while driving my car intoxicated?

    The car has full coverage & he is carried on my policy. The car is in my name only. Can I be sued for more than what insurance will cover?

    Nicole’s Answer

    As the owner you can be sued in excess of the insurance policy. If you own jointly held assets, i.e. Own your home with your husband, these assets are not exposed.

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  • My son was in an accident (his fault) in his car and the title is in my name. Will they come after me as well for reimbursement?

    He was at fault. He makes the car payment, hes 26 years old, he pays his own insurance but it had lapsed about a week ago. We live in Michigan and there were no injuries just car damage to both vehicles. Hes a full time student with little mone...

    Nicole’s Answer

    I'm sorry to hear about this situation. In Michigan had the insurance not lapsed the total exposure would be $1000 of uninsured loss ( i.e. Deductible ). This claim is commonly referred to as a mini-tort claim.

    Due to the lapse of insurance, you as the owner and your son as co-owner/driver could be pursued for the total damage to the vehicle. Sometimes this occurs and sometimes the other driver's carrier doesn't. You should be aware that if the carrier pursues the claim in court don't ignore. Attempt to work out payment arrangements. Do not ignore as the carrier will then get a judgement against the two of you and will then have the ability to suspended your driving privileges. This cannot occur if you make payment arrangements and work towards paying off debt.

    I wish you the best,

    Nicole Winston

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  • If i'm just after no fault insurance claim for lost wages and medical, do i have to watch out for the insurance spying on me?

    'im not able to be playing any sports at all, i'm just able to lift maybe 10 pounds.

    Nicole’s Answer

    No-fault Insurance adjusters frequently use surveillance against no-fault insureds. This surveillance can be as simple as checking you out on social media sites like FaceBook, Twitter etc .. more often the adjuster will hire an outside agency to follow you and video or photogragh you about town. We have even seen the investigators talk to neighbors and friends about the claimant's activities. One Insurance carrier used a fabricated story pretending to be from a local college and that they were doing a survey about people and their phsycal exercise of choice. The questionong was trying to get the claimant to answer that they enjoyed bike riding or aerobics. So beware and be careful as even innocent activity can be taken out of context if you are not aware of these tactics. Good Luck.

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  • Wrongful death of my spouse Canadian citizen

    my spouse travelled from Toronto Ontario to Detroit Michigan to see his friend on his way in Macomb county Michigan he had accident rear ended and spouse was killed with in 2 hours. laws in Ontario is different than Michigan. do I hire la...

    Nicole’s Answer

    I am so sorry for your loss- you should hire a lawyer in Michigan who is familiar with Michigan no-fault and the interplay with Canadian insurance as well. You should do so right away. While I understand your hesitation about the distance ... You may be able to do consult initially over phone and some lawyers may meet you in Canada. Please make certain you get a lawyer who is versed with both no-fault and wrongful death claims.

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  • I am uninsured driver and was hit by an insured person can i still get paid for damages?

    i tookk it to small claims court but the person who hit me insurance company keep calling asking me what insurance do i have

    Nicole’s Answer

    What sort of damages are you looking for? Is it medical bills, property damage? Also, were you the titled owner or registrant of the uninsured vehicle you were driving ?

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  • Do I need ..... I just don't know .... It was a horrible accident ....a attorney it's under investigation , I was told I could j

    I'm a 31 yr mom of four , it was early morning before school with my 6 , 5 and 2 1/2 yr old twins . I have no prior ..... Anythings . I I has a five over speeding ticket once for my late night shift and not realiseing I was speeding . Other wise n...

    Nicole’s Answer

    Very sorry to hear about your accident.. You should consult with a lawyer immediately regarding this incident. I agree with others who advise not to speak to police without a lawyer. I would caution you as well about commenting on social media,and the like, until you have an opportunity to consult with a lawyer.

    Sympathies to you and your family for the tragedy... But please make certain you understand the complete landscape regarding criminal vs civil . Also you and your children do have rights to no-fault benefits. You have various issues you need to make certain you understand.

    Best to you and your family.

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  • Wrongful death timeline in michigan after auto accident

    my grandmother was killed by another driver 6 months ago. i am the only living blood relative. suspect got 6 months jail. how many days before i can apply for wrongful death suit against the suspect. how long does it takes for the case to go to tr...

    Nicole’s Answer

    It is unclear from your question if the negligent driver had insurance? If so it is important to determine how much insurance coverage there is. Also, did your Grandmother have insurance coverage called un-underinsured motorist coverage... If she did there may be additional claims that are available.

    It is also possible that the involved insurance company maybe willing to pay policy limits without you having to file a lawsuit against the negligent party... But either way it will be necessary to have you appointed as the personal representative for your grandmother's estate. There are various issues that you should consult with an attorney... To protect yourself.

    I am very sorry to hear of your loss and if you have questions please feel free to contact us~

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  • Do I have to reimburse BCBS AND medicare out of personal injury settlement?

    Michigan case. Just wondering if BCBS will start trying to collect after I pay the medicare lien?

    Nicole’s Answer

    The issue of reimbursement depends on several factors.... Is your personal injury claim one involving a motor vehicle? If so you may have a no-fault claim and the reimbursement to Medicare and/ or BC/BS may be owed by the no- fault carrier rather than out of a bodily injury/ Liability claim.

    If however, it is not a case where no- fault benefits are available it may still depend on the language of the BC/BS language. Is the policy an Erisa plan? There are many issues that determine whether and to what extent reimbursement is owed. I would urge you to talk to an attorney who deals with resolving liens as this area is frought with many twist and turns. Sorry this answer is not as clear cut as we ALL would like.

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  • What is the percentage of a check does is the Lawyer entitled to? (accident case).

    Was not at fault in accident.Laywer has me going to Physical Therapy and through a Spine Specialist for my back.

    Nicole’s Answer

    In Michigan the maximum contingent fee a personal injury attorney may charge is 1/3. In your particular instance you will have to read the terms of your fee agreement. Additionally, there is a difference between the fee an attorney can charge and the costs that may be owed as well. Typically a personal injury attorney will advance the costs associated with your case with the understanding that the cost will be reimbursed at the time the case is concluded, then the 1/3 attorney fee is deducted. Read your agreement and talk with your attorney, most attorneys will gladly explain the terms of the agreement.

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