Nicole M. Winston’s Answers

Nicole M. Winston

Port Huron Personal Injury Lawyer.

Contributor Level 5
  1. Are my assets in jeopardy if my 19 year old son gets into an accident while driving my car intoxicated?

    Answered 7 months ago.

    1. William S. Stern
    2. Nicole M. Winston
    3. Jeffrey Mark Adams
    4. Christian K. Lassen II
    5. David B. Carter Jr.
    6. ···
    8 lawyer answers

    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.

    12 lawyers agreed with this answer

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

    Answered 7 months ago.

    1. Nicole M. Winston
    2. Daniel J. Melican
    3. David Ian Schoen
    4. Christian K. Lassen II
    5. C. Donald Briggs III
    5 lawyer answers

    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...

    8 lawyers agreed with this answer

  3. 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?

    Answered 9 months ago.

    1. Nicole M. Winston
    2. Daniel J. Melican
    3. James J. Wascha
    4. Samuel Cohen
    5. Gerald R Stahl
    6. ···
    6 lawyer answers

    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...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered over 2 years ago.

    1. Nicole M. Winston
    2. Robert J. Ehrenberg
    3. Lars A. Lundeen
    3 lawyer answers

    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...

    3 lawyers agreed with this answer

  5. 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

    Answered about 1 year ago.

    1. Gregory M. Janks
    2. Daniel J. Melican
    3. Brent Sitto
    4. Nicole M. Winston
    5. Christian K. Lassen II
    5 lawyer answers

    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...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Wrongful death of my spouse Canadian citizen

    Answered about 1 year ago.

    1. Christian K. Lassen II
    2. Josh P Tolin
    3. Jeffrey Mark Adams
    4. Nicole M. Winston
    5. Tatiana Kadetskaya
    5 lawyer answers

    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.

    2 lawyers agreed with this answer

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

    Answered over 2 years ago.

    1. Jason P. Kief
    2. Nicole M. Winston
    3. Christopher J. Ebbott
    4. Jeffrey Mark Adams
    5. Joyce J. Sweinberg
    6. ···
    7 lawyer answers

    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...

    2 lawyers agreed with this answer

  8. 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?

    Answered about 1 year ago.

    1. Timothy J. Klisz
    2. Christian K. Lassen II
    3. Michael R Crosner
    4. Daniel Nelson Deasy
    5. David Ian Schoen
    6. ···
    7 lawyer answers

    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...

    1 lawyer agreed with this answer

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

    Answered about 1 year ago.

    1. Gerald R Stahl
    2. Sreenivasarao Vepachedu
    3. Jason Todd Studinski
    4. Christian K. Lassen II
    5. Timothy J. Klisz
    6. ···
    6 lawyer answers

    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 ?

    1 lawyer agreed with this answer

  10. Wrongful death timeline in michigan after auto accident

    Answered about 1 year ago.

    1. William Comingore Failey
    2. Timothy J. Klisz
    3. Amanda B. Warner
    4. Nicole M. Winston
    5. Joseph Jonathan Brophy
    6. ···
    7 lawyer answers

    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...

    1 lawyer agreed with this answer

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