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Steven M. Gursten

Steven Gursten’s Answers

297 total


  • My son was in an accident where a woman ran a red light. He has plpd on his car, can we sue her for the value of the car?

    We believe his car is totaled. We live in Michigan.

    Steven’s Answer

    No, I'm sorry but because Michigan is a mini tort state, the woman who ran the red light and caused the car to be totaled will only be responsible for the first $1,000 of vehicle damage, even if the total loss is far greater. Under Michigan’s mini tort law, victims of auto accidents can only recover a maximum of $1,000 for vehicle damage from the driver who caused the crash. This is called a mini tort claim. However, if the other driver is uninsured, they will lose the protection afforded under the mini tort and can be responsible for the full amount of the loss.

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  • Will the drunk driver be able to atleast pay for my medical expenses and to fix my truck?

    I was in a car accident yesterday by a drunk driver who ran into me from the tailgate as I was turning. He blew on a test and it read .13. He told me he had insurance but it shows on the police report for him that his insurance is "unknown". I wen...

    Steven’s Answer

    I'm sorry to hear about your accident and hope you feel better soon. The answer to your question is Michigan is a No Fault and a mini tort state. This means your own auto insurer will pay any medical expenses you incur, and assuming the other driver has insurance, that driver is protected under the mini tort law and is only responsible for the first $1,000 of vehicle damage. If he is uninsured, he loses this protection.

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  • If a car is hit from behind, no tickets but no insurance for the driver in the backcar what is the limit for damages in Michigan

    The accident happened in Michigan and involves a Canadian bus

    Steven’s Answer

    The Canadian bus will certainly have insurance, so I am assuming you are referring to the driver of the car in your question? There are 3 potential cases, under Michigan law, or if the driver is an uninsured owner and operator at the time of the crash, there will be no case.

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  • Is there ever a time to throw in the towel on a auto claim if the lawyer doesn't brief or attend depo, inform status ,

    make or receive/return calls. amt. of possible award is small- won't prevent filing bankruptcy,

    Steven’s Answer

    • Selected as best answer

    Throw in the towel on your case? Sounds like it may be more appropriate to throw in the towel on your lawyer if he or she isn't attending depositions or court hearings and returning your phone calls and giving you status updates.

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  • Can I sue the one/more people who hit my car in an accident and recover all the extra costs incurred due to this accident?

    I was in an accident two days ago. I was rear ended by the car behind me and another car hit the front bumper and damaged the head lights. it will take 5 weeks to get my car back and I will be paying $500 deductible for the repairs and all the mo...

    Steven’s Answer

    I have to respectfully disagree with the last answer. Michigan has a mini tort statute that is very specific as to what you can recover. Under Michigan's mini tort law, you are limited to a maximum of $1,000 as of October 1, 2012, for all vehicle damage that any at-fault driver causes.
    The state of Michigan does not require a driver to have collision coverage or rental car coverage. If you do not have collision coverage on your vehicle, or rental on your policy, you can recoup some of your out-of-pocket costs for vehicle repairs via the mini tort law. The mini tort also applies if your coverage is limited or you have a collision deductible — and you are less than 50 percent at fault for the accident. You can read more on my website www.michiganautolaw.com about our mini tort law.
    Good luck.

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  • Is there a way to get my deductible back considering Michigan is a No fault insurance state?

    I have collision insurance. A kid hit my car and caused minor damage to my car. I had to pay the deductible. After this I got mail from the kid's insurance that their insurer is not guilty as per their investigation but this is against the police ...

    Steven’s Answer

    Have you filed a mini tort claim? Even if your own insurance company does not waive your deductible if you were not at fault (many do) you still will be reimbursed for up to $1,000 from the wringdoer's insurance company, if they will not pay, contrary to a police report that shows their insured at fault, you can file in small claims court. It is a bit of additional hassle, but they likely will pay at some point before your hearing and even if they don't, you almost certainly will win based upon your description.
    I have a small claims form on my website: www.michiganautolaw.com
    Type small claims in search box and it will come up.
    Good luck.

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  • I was rear ended. I have no fault insurance. Is the driver at fault responsible for paying damages to my car?

    I was in my boyfriends car. He has no fault insurance. Will the driver at fault be responsible for paying damages even though they do not exceed $1,000. A report was filed with police because the other driver refused to give his name and contact n...

    Steven’s Answer

    Because Michigan is a mini tort state, the wrongdoer driver who rear-ended you is only responsible for the first $1,000 dollars in vehicle damage - assuming the other driver also had no fault insurance and thus is protected by the mini tort. You do not need to hire a lawyer for this.
    You can read more here on the Michigan mini tort law:
    http://www.michiganautolaw.com/no-fault/mini-tort/

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  • I have auto insurance claim and the Auto insurance hasn't paid my medical providers bills around 100K$ is it normal?

    I had an no fault accident by drunk rear ended, and I have auto insurance claim or lawsuit. and tomorrow is the first settlement conference. Is it normal that the auto insurance hasn't paid my medical bills related to accident for more than a year...

    Steven’s Answer

    It has nothing to do with the amount of coverage because Michigan is a No Fault state. Many very legitimate cases like yours will go to settlement conference with no offers. Michigan has no bad faith laws or punitive damages, so insurance companies in PIP claims can do this to people with relative impunity.

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  • Attorney advised needed critical!

    Currently I am being sued by an insurance company for physical car damage for 18,000 2 years ago. The car accident was my fault I must admit and my insurance lapsed. The have hired a debt collector lawyer. I have filed my answer with the court a c...

    Steven’s Answer

    Dan is correct. You will need to consult with a collection attorney that has worked out payment agreements with these insurance companies in the past and who will hopefully have better luck than you did on your own negotiating a payment plan.

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  • What is the latest you can file a auto accident police report in michigan?

    somebody had gotten rear ended, at 15 miles an hour and there was not much damage to the rear ended car and no damage to the car that hit them. But now the guy is saying that he needs 5000 worth of damage. wondering since the police were not cal...

    Steven’s Answer

    It completely depends on the city or township in which the car accident happened.

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