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Steven M. Gursten's Answers
Contributor Level 13
- 133 Legal Answers
- 38 Legal Guides
4
Attorney answers:
Can we sue the insurance of the bar who over served my brother which led to his death in a car accident
The answer is yes, but sadly it may prove difficult -- and I am very sorry to read about your loss and offer you my condolences. In answer to your question, the cause of action is known as a Dramshop (or Michigan Liquor Control) case. However, the law is very difficult for proving liability under Michigan's dramshop laws, it was recently made harder by our supreme court, and successful dramshop cases are far harder here than in most states. The viability of a dramshop action will depend on...
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3
Attorney answers:
If one is Driven to Sucidal depression and sees a shrink and is unable to live a normal life for over a year due to an accident
I think you've received some poor legal advice. Michigan's auto accident threshold law changed on July 31, 2010. Although there may have been some argument under the previous and far harsher threshold law under Kreiner v. Fischer, based upon your description I clearly see that you have a legitimate claim. Temporal/durational factors were extremely important under the old law, and there were some unpublished opinions that did suggest you need to suffer an impairment of longer than a year,...
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3
Attorney answers:
Pocketing Auto Insurance Deductible/Hit and run Accident
Let me start with your second question first. You can certainly file a mini tort claim and recover the $500 dollars that the mini tort is limited to once you show an estimate that the repairs to your car will exceed that amount. You will need the police report, a repair estimate from a body shop, and I have a sample letter that you can send on my website: http://www.michiganautolaw.com/no-fault/mini-tort/index.php Now, as to the first part of your question, it does sound like the...
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2
Attorney answers:
A drunk driver totaled my car parked in a manufactured home park, My insurance is pl and pd Michigan. Not sure how to deal with!
The good news is you fit within one of the few narrow exceptions of the $500 cap to the Michigan mini tort law (you may actually fit under both exceptions if the drunk driver has no insurance, which I see quite often). And more good news is you don't need a lawyer to help you with this, you can recover the full value of the vehicle damage on your own, as long as your car was legally parked. Here is a link to a video that Jeff Bussell from my office did that explains what happens under the...
7 lawyers agreed with this answer
3
Attorney answers:
Car accident question
The previous answer from Florida misses entirely that Michigan law requires the injury be sufficiently serious to constitute a serious impairment of body function. Now, that being said, I believe your question also may be missing that emotional distress - and emotional distress claims such as psychiatric injury, depression, post traumatic stress disorder - can constitute very serious injuries that can be brought under the Michigan No Fault Act. Yes, we have a threshold law but the threshold...
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6
Attorney answers:
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How much can a michigan attorney charge for contingency fees in a auto case?
I've written extensively on this subject, and on what is and is not permitted by Michigan attorneys who are charging a contingent fee on undisputed medical bills. Perhaps this piece that I wrote, and especially the last section on what you can do will be of help: http://www.michiganautolaw.com/auto-lawyers-blog/2011/10/26/when-personal-injury-lawyers-cross-the-line/
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4
Attorney answers:
If I allow someone to use my car in Michigan & something happens would they be covered?
Yes and no (sorry for having to answer like a lawyer, but you'll see why as you read on). There will be insurance under Michigan's owner's liability law. This would be your own auto insurance as owner of the vehicle. In any civil lawsuit filed for injuries and pain and suffering damages as the result of an auto accident that the driver of your vehicle causes, both you as owner and the person driving the car will be sued. Even though you are being sued as the owner of the vehicle, and your...
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4
Attorney answers:
My dad passed out & put his truck in the ditch his ba 259 someone called him in for weaving a mile before. No one ellse was
If your father has a drinking problem, he should not drive, period. Your question does not state if your father will face any criminal prosecution for driving while drinking. If that is the case, the decision will be made shortly for you. His licensed was clipped, which leads me to believe you'll be hearing something shortly on this account. If your father has a serious medical problem that impairs his ability to drive, make good decisions, see and react to traffic, he should not drive. If...
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2
Attorney answers:
I paid my Insurance but now they dont want to cover my accedent.
You did not say when on 4/2/12 the payment of $209.13 was made? It makes a big difference if it was paid before or after your motor vehicle accident. If payment was made before, and accepted, you have a much stronger position. Cancellation has been thoroughly litigated in Michigan. You are not the first one to go through this with an insurance company. So, the place to look as to whether a cancellation is valid or not is governed by MCL 500.3020. This requires cancellation be given by...
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4
Attorney answers:
How long after a horse - car accident can the driver or horse owner file a suit
3 years
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