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Steven M. Gursten

Steven Gursten’s Answers

306 total


  • 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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  • What are my rights in a auto accident caused by my husband

    I was a passenger in a dodge dually 3500 my husband was driving and went thru a stop sign and hit another driver . I injured my shoulder and went to the hospital and nothing was broken. But it has been a week today and I have limited motion in my ...

    Steven’s Answer

    I'm sorry to hear about your car accident. As a passenger in a car driven by your husband, you will still have 3 potential cases under Michigan law - this graphic will give you more information on each: http://www.michiganautolaw.com/no-fault/3-potential-cases.
    Even though it is your husband, his own insurance company should defend the case and pay up to your insurance policy limits if he was the at-fault driver who caused your injury. In addition, you will turn to your own insurance company to collect your no fault insurance benefits, including medical and wage loss if you were employed.
    Airbags are a different and very complex issue, that gets into forces of impact, acceleration and changes to the delta v/change in velocity of the vehicle, and, unfortunately, Michigan's product liability laws, which are likely the worst in the country. While we also do automotive product liability cases, in a nutshell what I advise people is that unless you suffered a catastrophic injury, I would stay away from pursuing any product case because of the costs and the caps imposed by the Legislature.
    I hope this helps. Happy to answer any further questions you have on your legal rights.

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  • Small claims question

    I had a car for three years from car city. I paid 12,500 for an 8000 dollar car. After 3 years of leasing I wrote them a letter, gave them the car and keys back. They are now suing me for 2500 dollars. On top of this, I had traded in a car which n...

    Steven’s Answer

    While I always encourage people to try to work things out when they can without involving an attorney, especially when it will not jeopardize future legal rights, you should at least consult an attorney first to learn what the time limitations will be to later hire a lawyer and file a lawsuit if you cannot negotiate this to your satisfaction. Once you learn how long you would have to file, and how much a lawyer believes this will cost you (and whether you can pay the lawyer a flat fee amount), you likely should try resolving it by yourself first based upon the dollar amounts. That way, if you don't like the result, you can always hire a lawyer afterwards.

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  • 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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