Steven M. Gursten’s Answers

Steven M. Gursten

Farmington Hills Car / Auto Accident Lawyer.

Contributor Level 14
  1. I have auto insurance claim and the Auto insurance hasn't paid my medical providers bills around 100K$ is it normal?

    Answered about 1 year ago.

    1. Steven M. Gursten
    2. Daniel J. Melican
    3. Gerald R Stahl
    4. Christopher Michael Davis
    5. Michael David Myers
    6. ···
    6 lawyer answers

    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.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. I was involved in an auto accident in Michigan, hospital said no broken bones and I did. Can I file a law suite?

    Answered about 1 year ago.

    1. Steven M. Gursten
    2. Daniel J. Melican
    3. Jeffrey Ira Schwimmer
    4. Christian K. Lassen II
    5. Thomas William James
    6. ···
    8 lawyer answers

    Michigan has a very unique threshold law requiring anyone injured in a cae accident to suffer a serious impairment of body function. It sounds like you will qualify. You can read more on how to meet threshold at www.michiganautolaw.com. Remember the key is not pain, but showing how your injuries are changing your life now compared to before the crash.

    10 lawyers agreed with this answer

  3. Wrongful death case. uncle is a victim died of auto accident last thanksgiving. other company not released insurance policy info

    Answered over 1 year ago.

    1. Steven M. Gursten
    2. Mickey David Larson
    3. John F. Brennan
    4. Gregory Stephen Colburn
    5. Daniel J. Melican
    6. ···
    10 lawyer answers

    I'm sorry to hear of your uncle's death. To answer your question, the other side MUST release insurance policy limits once a lawsuit is filed (but this does not include a defendant's personal assets - most experienced personal injury lawyers have investigators that can perform at least a rough asset investigation of defendants). I've tried a number of cases in Macomb County, including last December. How long it takes really depends more on the judge you've drawn than anything else. As far...

    10 lawyers agreed with this answer

  4. What will happen now? Other driver has insurance and was ticketed

    Answered over 1 year ago.

    1. Steven M. Gursten
    2. Timothy J. Klisz
    3. Matthew C Simon
    4. Jeffrey R Caffee
    5. Christian K. Lassen II
    6. ···
    7 lawyer answers

    Sadly, if you are the owner and the operator of the vehicle, then the answer to your question is you are barred from any injury lawsuit and barred from collecting PIP no fault benefits and barred from collecting a mini tort for the first $1,000 of your vehicle damage. Michigan has a terribly unfair law in this regard. Here is a blog that gives you a more comprehensive explanation: http://www.michiganautolaw.com/auto-lawyers-blog/2012/11/16/top-9-risks-of-driving-uninsured-in-michigan/

    10 lawyers agreed with this answer

  5. Can i sue the other drivers insurance who was at fault during an accident even though i have no car insurance in michigan?

    Answered almost 2 years ago.

    1. Steven M. Gursten
    2. Christian K. Lassen II
    3. Michael Ryan Juarez
    4. Scott J. Corwin
    4 lawyer answers

    Welcome, sadly, to probably the most draconian law we have today in Michigan. If you are both the titled owner of the vehicle and you were also the operator of the car (you have to be both, so if you are a passenger, for example, you can still bring a lawsuit), then you are unfortunately completely barred from suing the wrongdoer and his or her insurance company for your injuries and your pain and suffering from a car accident. Here is a recent blog I wrote that describes the challenges you...

    10 lawyers agreed with this answer

  6. Can we sue the insurance of the bar who over served my brother which led to his death in a car accident

    Answered over 2 years ago.

    1. Steven M. Gursten
    2. John Robert Sauter
    3. Anthony A. Ferrante
    4. David Jay Sternberg
    4 lawyer answers

    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...

    10 lawyers agreed with this answer

  7. Recover deductible from the at fault party insurance

    Answered about 1 year ago.

    1. Steven M. Gursten
    2. Christian K. Lassen II
    3. John F. Brennan
    4. Michael David Myers
    5. Daniel Nelson Deasy
    6. ···
    8 lawyer answers

    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

    Selected as best answer

  8. Is it possible the owner of car#1 be sued for all damages as well as the driver for Negligence?

    Answered about 1 year ago.

    1. Steven M. Gursten
    2. Gregory M. Janks
    3. Daniel J. Melican
    4. John F. Brennan
    5. Gerald R Stahl
    5 lawyer answers

    Last question first - yes, since Michigan has an owners liability statute. Next second to last question - driver 3 can still bring a lawsuit, but that doesn't mean it will be successful. Insurance company of driver 2 will hire a lawyer to defend the case. May be dismissed as matter of law by trial judge at end of discovery. A judgment can also be brought against the driver of car 1. if driver 2 (or 3) has uninsured/underinsured they will be suing driver and owner of car 1 anyways....

    Selected as best answer

  9. Need advise on how to proceed. Car accident 3+ years ago and other driver is coming for 10k

    Answered over 1 year ago.

    1. Steven M. Gursten
    2. Jason A. Waechter
    3. Michael Shemtoub
    4. Christian K. Lassen II
    4 lawyer answers

    Well the good news is that Michigan has a 3 year statute, not 5 years. If the car accident occurred over 3 year years, you don't have to worry about a direct lawsuit being filed against her. But, here's the rub: she's not yet entirely off the hook. There are some UM (uninsured motorist policies) in Michigan have longer times to file - some are up to 6 years. When this happens, whatever the other driver's insurance company pays her to settle the pain and suffering case they will come back and...

    Selected as best answer

  10. How does wrongful death suit works after a lawsuit has been placed

    Answered over 1 year ago.

    1. Steven M. Gursten
    2. John F. Brennan
    3. Daniel J. Melican
    4. Christian K. Lassen II
    5. Thomas William James
    5 lawyer answers

    I agree with John. You asked a very similar question last week. I am sorry for your loss. John accurately lists the steps that take place once a lawsuit is filed. As to how many days the trial will be, it really depends on the issues involved. Is there economic loss? Was there pain and suffering where you need a pathologist to quantify how long your spouse may have suffered? If it is a wrongful death claim, the jury will need to understand the losses, so lay witnesses, family and others...

    Selected as best answer

Contact us today for an appointment or consultation.

888-974-3761