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Steven M. Gursten

Steven Gursten’s Answers

306 total


  • 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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  • I was at the stop sign I was stoped. I look both ways I did not see anything I started to pull out and a motorcycle was right

    there, after 30 days the sherrif deputy called me and said I had to be in court the next day and there was a warrant for my arrest, I went to court and they r charging me with a misdemeanorfor causing a accident with a motorcycle causing serious b...

    Steven’s Answer

    The last part of your question was cut off, but you need to do two things now.
    You will need to contact your own auto insurance company to put them on notice, and have them eventually assign a lawyer to defend you in a pending civil case since the rider was injured in the motorcycle accident, and you will need to find an excellent local lawyer to help you now with the criminal misdemeanor charge. There are many excellent Michigan criminal lawyers on AVVO who can help you.

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  • Chances at trial Oakland County Sympathetic Jury? Auto accident herniated disc

    How likely are the chances of a plaintiff , receiving a settlement from a trial in oakland county. I know its up to jury but thats the risk of going to trail. My buddy has a herniated disc and insurance company doesnt want to go over 40k. already...

    Steven’s Answer

    The largest non-operable herniated disc injury trial verdict in Oakland County Michigan was my own, and it was 1.1 million. That said, there certainly have been a number of no cause or zero dollar awards in Oakland County as well. Your question really is being asked in a vacuum and without knowing more about the case and seeing who will be sitting on the jury, it is really difficult to say. I personally feel the best resource is the jury verdict reporter. It will list all of the trial verdicts in Oakland County for herniated disk injuries, over the last several years. It will give you at least a reasonable basis to go off of. It gives your friend at least facts to make an educated decision.

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

    I seen my family doctor a week later due to swelling and pain in my foot, he ordered a CT scan. I ended up having five broken bones in my foot and had to have surgery. This is not the first time this has happened at this same hospital. Thanks f...

    Steven’s Answer

    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.

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  • Is there legal grounds for my Employer's Insurance to be held liable for my car's damage?

    I work for a Franchised Corporation in Michigan that handles deliveries to Customers. While parked in the store's parking lot, my car's back rear glass was shattered by a rock from a group of disgruntled customers who unsuccessfully tried to scam ...

    Steven’s Answer

    Well, arguably there is a moral and ethical grounds, but not a legal one. Most employers would cover the out of pocket costs in your situation, especially based upon the facts as you describe them.

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  • What will happem from here?

    I got into a car accident about two months ago. Me and a guy across from me were backing out of a parking space when we got into the accident he took full responsibility for it. Saying that it was his fault. I filed a claim and he said that he wou...

    Steven’s Answer

    If he brings a lawsuit against you, your own insurance company will hire a lawyer to defend you. If he was at fault, he is responsible for the first $1000 of vehicle damage. If you suffered injuries, and if those injuries are sufficiently serious, you can bring a lawsuit for your own injuries and pain and suffering against him (in reality his insurer).

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  • I was rear ended and the damages to my car exceeds 5k in repairs, I'm only getting 1k from my insurance can I sue the at fault?

    I was not at fault I was sitting at a red light when I got hit from behind. The women tried to make excuses to leave, but I made sure to make her give me all her info. The only problem is I like my car, however the repair exceeds the cars value an...

    Steven’s Answer

    Actually, the previous answer is incorrect if you live in Michigan. Sorry for the bad news, but this is controlled by Michigan's mini tort law, which limits the total recovery to $1,000. You cannot sue for the remaining cost of repairs, and unfortunately If you did not have collision repair coverage, you will remain responsible for the remaining repair costs. Here is more information on Michigan's mini tort:
    http://www.michiganautolaw.com/no-fault/mini-tort/

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