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Steven M. Gursten

Steven Gursten’s Answers

302 total


  • Settling with two insurance providers

    I was in an accident as a passenger which a drunk driver hit us. The drunk drivers insurance company has settled, issued a check and now my attorney is going after the drivers underinsured policy of the car that i was in. We've also settled with m...

    Steven’s Answer

    No, you don't need to wait. The underinsured case does not have anything to do with disbursement of the first case if the check is already in. Just be careful that the UIM carrier has given permission first to settle with the drunk's insurance company. Under Michigan law you must have permission first or you can lose your UIM case entirely. Please make sure to check with your attorney.

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  • Michigan; In an Uninsured Motorist Claim, the insurance company has requested their insured to see an IME Doctor ,

    After seeing the IME Doctor, what could happen next with the claim ?

    Steven’s Answer

    Even though Gerald and John are correct, I tend to take a darker view. Michigan has no bad faith laws to protect against abuse and claims adjusters routinely use the same doctors over and over again as a way of cutting off no fault insurance benefits. Here is a blog I wrote that has more information on how IMEs are used: http://www.michiganautolaw.com/auto-lawyers-blog/2011/03/26/why-insurance-company-ime-exams-are-no-laughing-matter/

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  • Do I qualify for a personal injury loan or disability assistance?

    I was involved in a hit and run, I was walking. I contacted an attorney and everything is currently an open investigation, I now cannot work due to a broken leg and other problems and I have bills to pay and a daughter to take care of. My only way...

    Steven’s Answer

    I'm sorry to hear about your financial distress, but you shouldn't be having any. You should be receiving 85% of your pre car accident wage loss, either from your own insurance company or II you were uninsured but hit by a car you can still receive no fault benefits and wage loss from the new MAICF. Here is more information: http://www.michiganautolaw.com/no-fault/no-fault-act/who-pays-benefits.
    I hope this helps.

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  • Michigan Auto Insurance Law: Who gets Paid First; "The Insured Client" Or "The Insurance company?"

    The At-Fault Driver was Uninsured and has Collectible Assets, The Insured carried coverage for Uninsured & Underinsured , The insured also has Life Changing Injuries and has not been compensated for the Injuries or PIP or Collision-Broad Form by t...

    Steven’s Answer

    Yes, if the insured has uninsured motorist coverage. UM coverage is a contract action against your own auto insurance company that steps into the shoes of the uninsured wrongdoer. An insurance company does not get to wait until it has a successful subrogation claim against the uninsured before honoring the UM contract with its own insured.
    There is more incormati

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

    History: In the State of Michigan , A man driving a car(car#1) (on a suspended license) that is owned "solely" by his wife and the car is not equipped for him to drive (He is Paralyzed from the waist down) Crashes into another car(car#2) that is ...

    Steven’s Answer

    • Selected as best answer

    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. Frankly,car 2 and 3 - assuming they have UM coverage, are probably better off with car 1 likely being uninsured.
    Hope this helps.
    Hope this helps

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  • Can I sue for the damages to my car? When the other person claimed fault and got ticketed?

    Hello, My name is Shelby and have recently been in an accident a few days go that lead to my car being totaled. I was driving at 50 mph and a lady pulled right out in front of me from a turn around. With no time to stop. I t-boned her. my car is c...

    Steven’s Answer

    Shelby, I'm really sorry to be the bearer of bad news, but under Michigan's mini tort law, the at-fault driver who caused your car accident an totaled your car is only responsible for the first $1,000 of vehicle damage. The rest, the assumption goes, is your own responsibility if you elect to purchase collision coverage to pay or vehicle damage beyond the first $1,000. Here is a more detailed explanation of how this works: www.michiganautolaw.com
    The only exception will be if the at fault driver was UNINSURED. In which case, yes, they are responsible for all of your vehicle damage because they no longer have the mini tort law to shield them beyond the first $1,000.
    I hope this helps.
    Steve

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  • Can (pip) benefits paid by primary insurance co. be recovered from the at fault drivers insurance co ?

    just need to know if what is the responsibility of at fault drivers company.

    Steven’s Answer

    Ignore the previous answer. Michigan is a no fault state and the at-fault driver does not, under Michigan law, pay PIP benefits. Your own no fault auto insurance company will pay all PIP benefits. If you did not have insurance, here is the order of priorities to recover PIP benefits in Michigan:
    http://www.michiganautolaw.com/no-fault/no-fault-act/who-pays-benefits
    Good luck.

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  • Michigan traffic court changed date w/out notifying

    My girlfriend recently got 3 tickets in a fender bender accident. 1. no insurance, 2. failing to yield and 3. Leaving the scene (Hit and run). She called the courthouse for more details and they said the court date was changed from the 13th to the...

    Steven’s Answer

    Your girlfriend really needs to hire a criminal lawyer and these questions you have - which are very good questions - but should not be asked in an open forum like AVVO. They should be discussed with the attorney you select.

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  • (Michigan) Uninsured girlfriend involved in a hit and run.

    My girlfriend recently had a fender-bender in which she pulled over briefly but took off. The police ended up coming to her house and ticketing her for 1. No insurance, 2. Failure to yield, and 3. Leaving the scene. My questions are 1. Is she auto...

    Steven’s Answer

    Your girlfriend will need to hire a criminal attorney immediately for leaving the scene of an accident. No, she is not automatically at fault for failing to yield because she left the scene. The one has nothing to do with the other. Unfortunately, your girlfriend is going to have major troubles because the no fault insurance company for the person she injured will also go after her for every penny they pay out, both in no fault PIP benefits and if an uninsured motorist claim is made with them by the other driver.

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  • What does release of claims, hold harmless agreement and satisfaction mean?

    my son got hurt in a automobile accident and is suing an insurance company and his lawyer gave him this paper to sign he don't understand it?

    Steven’s Answer

    That really is the main job of the attorney who is helping your son - to talk to him and make sure he understands what is going on and what this means.. The key thing in Michigan is to make sure that the attorney is not settling out all your son's legal claims. If your son was injured in an automobile accident, he actually has two cases, not one. Releasing all claims in a tort release against the wrongdoer driver and his/her insurance company without clearly noting that this is not a settlement of your son's first party no fault (also known as PIP or personal injury protection) case could mean your son loses his legal right to lifetime necessary medical care under Michigan's no fault law.
    The hold harmless and the rest is standard. Again, make sure the attorney is walking your son through the release.

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