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Steven M. Gursten

Steven Gursten’s Answers

304 total


  • 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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  • In Michigan what is the 100% at fault driver responsible for ?

    At fault driver came flying out of a parking lot and T-boned my car. My insurance company has declared my car as a total loss. My shoulder and breast were injured .

    Steven’s Answer

    Daniel and Philip are wrong. Tim is correct. The lawyers who mark "I Agree" to these answers are also wrong and are chasing points. Under Michigan law, the at fault does not pay for any medical because we are a no fault state. The at fault is only responsible for the first $1,000 of vehicle damage under our mini tort law, and for your injuries and economic loss after the first 3 years of no fault wage loss, or if you make more than the statutory maximum. See www.michiganautolaw.com for more information on this.

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  • Can my ticket get thrown out if the ticket has my wrong liecence plate number and year make and color also wrong

    I was in an auto accident ( my fault) but I pulled into my work since it was right there where the accident was but they gave me a leaving the scene without identifying myself and then everything on the ticket was correct besides the description o...

    Steven’s Answer

    I would recommend hiring a traffic court lawyer to appear for you and to contest the ticket, based upon your misunderstanding of what happened and that you really never left the scene. Very often the police officer who wrote the ticket doesn't show up and often the ticket can be dismissed, and it gives you a chance to explain why you did and get the ticket pled down to a lesser offense if the police officer does show or if the attorney you hire can work out an agreement with the city's prosecuting attorney for you.

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  • Recover deductible from the at fault party insurance

    according to the accident i made left turn another driver come out of store parking lot and hit me police gave him ticket he was at fault. i have collision insurance (A) i had 2000 worth of damage 250 deductible insurance comapny paid 175...

    Steven’s Answer

    • Selected as best answer

    In Michigan you would not claim, but instead file a mini tort. Here is a sample letter you can use: http://www.michiganautolaw.com/no-fault/mini-tort/sample-letter

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