Steven M. Gursten’s Answers

Steven M. Gursten

Farmington Hills Car / Auto Accident Lawyer.

Contributor Level 14
  1. If someone hits me in a car accident and believes I am at fault, can they sue me?

    Answered over 1 year ago.

    1. Steven M. Gursten
    2. Timothy J. Klisz
    3. Jason A. Waechter
    4. Daniel J. Melican
    5. Christian K. Lassen II
    6. ···
    9 lawyer answers

    I see you are from Livonia, Michigan, so it raises a few questions and concerns right away to me. The $5,000 number doesn't make any sense. First, Michigan is a mini tort state, so the most they can get from you is $1,000 for the mini tort, assuming you were actually at fault since I see you strongly disagree with the other driver in this regard. As to the rest, the other driver would be collecting whatever No fault PIP benefits for wage loss, medical bills or replacement services from HIS...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Got rear ended and the other drivers' insurance company said they won't pay for any damages. Do I have any moves here?

    Answered almost 2 years ago.

    1. Steven M. Gursten
    2. Bret A. Schnitzer
    3. Daniel J. Melican
    4. Daniel Nelson Deasy
    4 lawyer answers

    Yes, there is recourse. In fact, you have 3 potential cases under Michigan law. Happy to answer any questions you have, but I would first click on www.michiganautolaw.com and look under the 3 cases icon on the right to learn more about your mini tort - which was raised on October 1st to $1,000, your no fault rights, and a potential claim for injuries.

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  3. Settling with two insurance providers

    Answered 10 months ago.

    1. Daniel J. Melican
    2. Steven M. Gursten
    3. Stephen Ross Cohen
    4. Christian K. Lassen II
    5. Gerald R Stahl
    6. ···
    6 lawyer answers

    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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  4. I was in an car accedent i was in the back passenger seat . car was going 40 mph and hit the side t bone when will i settle

    Answered about 1 year ago.

    1. Steven M. Gursten
    2. Ezra N. Goldman
    3. Melissa Aura Keiko Odama
    4. Christian K. Lassen II
    5. Lars A. Lundeen
    6. ···
    7 lawyer answers

    It is impossible to answer this question without more information. It is certainly possible to settle within several months with an adjuster pre-lawsuit, but that assumes that you have reached maximum medical improvement. Is your case already filed and in a lawsuit? What is the nature and extent of your injuries and how often are you treating for them? These are all good questions, but you really need to talk to an experienced car accident lawyer.

    8 lawyers agreed with this answer

  5. I have a case pending on my car accident injury im suing auto insurance for my injuries mean while i want to go to vacation

    Answered about 1 year ago.

    1. Steven M. Gursten
    2. Joseph Leonard Ciaccio
    3. Edward Jacob Sternisha
    4. Christian K. Lassen II
    5. David B. Carter Jr.
    6. ···
    6 lawyer answers

    It's probably okay but keep in mind you are in Michigan and Michigan has a serious impairment threshold law for auto accident cases. If the courts interpret that threshold more harshly next year as I predict they might, then evidence of long trips can be used to argue that your injuries are not seriously impairing you. So I can't tell you whether it is or is not okay, Just understand that Michigan law is based upon impairment, not pain. Certainly, ongoing treatment with a variety of specialists...

    8 lawyers agreed with this answer

  6. Is it true that bc the car owner and the driver at fault do not have insurance that medical care will not be covered for life?

    Answered about 1 year ago.

    1. Timothy J. Klisz
    2. Daniel J. Melican
    3. Steven M. Gursten
    4. Gerald R Stahl
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    Both Tim and Dan are correct. Whether someone who causes a car crash can be sued is different from whether someone has insurance and/or is collectible.

    8 lawyers agreed with this answer

  7. I was in an car accedent 4/13 and now its 7/13 im feeling pain in my hip

    Answered about 1 year ago.

    1. Steven M. Gursten
    2. David B. Carter Jr.
    3. Daniel J. Melican
    4. Gerald R Stahl
    5. Albert Lee Crosner
    6. ···
    7 lawyer answers

    It is certainly not too late. You have one year under Michigan law to file an application for benefits with your own insurance company for no fault benefits. You have three years to sue the wrongdoer driver for your injuries if they prove to be serious.

    8 lawyers agreed with this answer

  8. My son is a employed by a pizzeria to deliver using my car. Are they liable if he has a car accident?

    Answered about 1 year ago.

    1. Steven M. Gursten
    2. Edward Jacob Sternisha
    3. Daniel J. Melican
    4. Thomas William James
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    Yes, if he is in the course and scope of his employment, the pizzeria will be liable if your son causes a car accident. Now, here's the bad news. They aren't the only ones who would be liable. If, for example, you own the car that your son is driving, then you also would be liable under Michigan's owners liability law. And your son, as a driver, would also be responsible. If the pizzeria does not have adequate insurance coverage, your son could face potential financial exposure.

    8 lawyers agreed with this answer

  9. How long wrongful death takes in Oakland county michigan

    Answered about 1 year ago.

    1. Steven M. Gursten
    2. Timothy J. Klisz
    3. Daniel J. Melican
    4. Gregory M. Janks
    5. Christian K. Lassen II
    5 lawyer answers

    I am very sorry to hear about your accident and your loss. But you really need to ask your attorney these questions. That is why you hired him or her. But no, a jury will not know about insurance or policy limits. If it is an individual driver, then they may wonder about the defendants ability to pay. Oakland County is one of the more conservative venues in Michigan. I have tried many cases there. You can get the answers to many of your questions and how the auto law works in this state on...

    8 lawyers agreed with this answer

  10. I had two car accident in 2005 not my fault they do not have insurance. i become disable due to it can i sue and whom

    Answered over 1 year ago.

    1. Timothy J. Klisz
    2. Steven M. Gursten
    3. Jeffrey Ira Schwimmer
    4. David B Pittman
    5. John Paul Thygerson
    6. ···
    7 lawyer answers

    You will almost certainly not be able to sue the drivers who caused the car accident in 2005. Michigan has a 3 year statute of limitations. Many insurance policies have a different date for contractual actions like uninsured motorist claims, assuming the other drivers did not have insurance as you wrote, but even then I've never seen anything longer than 6 years in a policy I've read. However, you will still have a claim for no fault PIP benefits, assuming YOU were insured and you timely...

    8 lawyers agreed with this answer

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