Steven M. Gursten’s Answers

Steven M. Gursten

Farmington Hills Car / Auto Accident Lawyer.

Contributor Level 14
  1. Can I sue for the damages to my car? When the other person claimed fault and got ticketed?

    Answered about 1 year ago.

    1. Steven M. Gursten
    2. John F. Brennan
    3. Gerald R Stahl
    4. Joumana Boutros Kayrouz
    5. Christian K. Lassen II
    5 lawyer answers

    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...

    9 lawyers agreed with this answer

  2. Is there a sensitive test that will detect an closed head injury in car accident

    Answered over 1 year ago.

    1. Steven M. Gursten
    2. Daniel Nelson Deasy
    3. Gerald R Stahl
    4. Philip Anthony Fabiano
    5. David B. Carter Jr.
    6. ···
    8 lawyer answers

    MRI and ct almost always come out normal. They show structure, not function. A person who is dead or in a coma will have a normal MRI too. The most sensitive, and specific, test for a closed head injury is neuropsychological testing, preferably a standardized test battery. You should have your treating doctor refer you for testing. After this, you may want to consider DTI MRI or a Pet scan, both are diagnostic tests that are better at measuring function. Good luck, I hope you get better...

    9 lawyers agreed with this answer

  3. Injury that took place in1993 . Would I still have health care coverages ?

    Answered over 1 year ago.

    1. Gregory M. Janks
    2. Steven M. Gursten
    3. Daniel J. Melican
    4. Christian K. Lassen II
    5. George G. Burke III
    5 lawyer answers

    Assuming a no-fault application for benefits was timely submitted, you are still entitled to no-fault insurance for all medical care and treatment you require.

    9 lawyers agreed with this answer

  4. Wrongful death who pays insurance or defendant

    Answered over 1 year ago.

    1. Steven M. Gursten
    2. Paul Y. Lee
    3. Christian K. Lassen II
    4. Daniel J. Melican
    5. Thomas William James
    5 lawyer answers

    I have been fortunate enough to receive several excess verdicts over policy limits, and have lectured to the Michigan Association for Justice on bad-faith litigation. The easiest and best thing to do is for the defendant to assign his bad-faith cause of action to the plaintiff in exchange for the plaintiff agreeing to forgo pursuit of the defendants personal assets. The seminal case on bad-faith in Michigan that you will want to look at - whether you are the plaintiff or the defendant in this...

    9 lawyers agreed with this answer

  5. My son got involved in an accident almost three years ago while driving my car. I do not have the same insurance company anymore

    Answered over 1 year ago.

    1. Steven M. Gursten
    2. Timothy J. Klisz
    3. S. David Rosenthal Esquire
    4. Christian K. Lassen II
    5. Matthew C Simon
    6. ···
    6 lawyer answers

    Can you clarify: when you write the insurance company of the person your son was involved in the accident with, I am assuming you mean the other driver's insurance company, and not the insurance company from 3 years ago that you do not have anymore? In a nutshell, if it is the other driver's insurance company, there is case law in Michigan that they are not entitled to asset information like bank accounts, retirement accounts, properties, etc until after a judgment when such information might...

    9 lawyers agreed with this answer

  6. I had accident two days ago,and the other driver was her fault. I do not have insurance but she does .

    Answered over 1 year ago.

    1. Steven M. Gursten
    2. Edward Jacob Sternisha
    3. Timothy J. Klisz
    4. Christian K. Lassen II
    5. Michael L. Van Erp
    6. ···
    8 lawyer answers

    You are completely barred under Michigan law if you are the owner and operator of the vehicle you were driving, and yes, you can be sued too. Here is a blog that explains this dangerous loophole under our law: http://www.michiganautolaw.com/auto-lawyers-blog/2012/02/07/dangerous-nofault-law-loophole/

    9 lawyers agreed with this answer

  7. I have been in a ma about 3 ks ago . Standing dead still on the highway due to peak traffic she bashed into me from behind . I

    Answered almost 2 years ago.

    1. Steven M. Gursten
    2. George Costas Andriotis
    3. Christian K. Lassen II
    4. Jason A. Waechter
    5. Kevin Coluccio
    5 lawyer answers

    I am assuming from your question that you live in Michigan. If so, and if you were the owner and were driving the vehicle at the time you were hit, then unfortunately under Michigan law you are barred from suing the wrongdoer driver for your car accident, your injuries, and your vehicle damage. Also since you would be uninsured you are barred from bringing a mini tort or collecting no fault insurance benefits. I know this sounds incredibly harsh, andit is. It is very sad that it happens to...

    9 lawyers agreed with this answer

  8. Company car accident and filing lawsuit against the driver and company

    Answered almost 2 years ago.

    1. Steven M. Gursten
    2. Timothy J. Klisz
    3. Scott Matthew Aaronson
    4. Christian K. Lassen II
    5. Bret A. Schnitzer
    6. ···
    6 lawyer answers

    I'm sorry for your loss. In answer to your question, Michigan does not allow juries to know about insurance policy limits, or liability insurance at all, of the driver/owner of the vehicle that killed your cousin (because we have an owners liability statute that makes both potential defendants in any lawsuit. Also, lawyers in Michigan, unlike some other states such as Missouri, cannot charge a contingent fee of more than 33 1/3%. There are a few other problems with your proposed scenario,...

    9 lawyers agreed with this answer

  9. 3 years go my 21yr old girlfriend was t boned in my Chevy sedan . I had no fault insurance but she had full coverage .

    Answered over 1 year ago.

    1. Steven M. Gursten
    2. Brian A. McKenna
    3. George G. Burke III
    4. George Costas Andriotis
    5. Christian K. Lassen II
    6. ···
    7 lawyer answers

    If AAA is offering $30,000, that means there is at least a $50,000 or $100,000 policy of insurance. You haven't raised any of the possible defenses AAA is raising, and $30,000 seems low based upon 3 years of medical treatment and time off work. That means there is more money available for your daughter. However, the one mistake your making with your questuon is assuming you have only 2 choices, and if you don't take the offer now then you must go to trial. That really isn't how it works,...

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  10. 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

    Answered over 2 years ago.

    1. Steven M. Gursten
    2. Jason P. Kief
    3. Christian K. Lassen II
    3 lawyer answers

    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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