Michigan Car Accident Legal Questions

Ice and snow are "acts of God" and are a defense to negligence (maybe not the same thing as criminal or traffic) But I would think your testimony should carry the day. By the way unless you talked too much (most people do) the police will not be able to make a case against you. you should not have nee charged.... Read Answer

I don't understand. If the case arbitrated for $38,000, then as I understand it, that is what you are supposed to get. If the other side does not want to pay it, then they have to file an appeal, and they must prove an abuse of discretion or some other very serious complaints about the arbitrators or the arbitration process. I am unclear why the attorney thinks that he has to settle for half of the arbitration. You need to make an appointment and have the lawyer explain everything.... Read Answer

I cannot give you a definitive answer without knowing what the claim is about that is being denied. If the insurance company is denying that their insured is at-fault for an accident or that you were injured, you cannot sue the insurance company itself. You sue the driver of the vehicle. The insurance company then hires an attorney to defend their insured-driver and pays, up to their Coverage limits, if you win your case. There are very few instances in which a person can sue a car insurance company itself. Some situations in which you can sue an insurance company include: uninsured motorist claim; under insured motorist claim; or if at-fault driver files for bankruptcy.... Read Answer

Don't you think that it is time to call in the Marines? Get YOUR lawyer to determine what the case is worth. I think that since you are negotiating with your own insurance that the other dingbat was NOT insured. The case is worth what the injuries are worth, and their impact on your life style. You need an expert to help you. If you do it yourself, you have an incompetent lawyer and a foolish client.... Read Answer

No your fiance cannot sue the insurance company but she can sue the at-fault driver. There are very few instances in which a person can sue a car insurance company itself, some of which include: uninsured motorist claim; under insured motorist claim; and the at-fault driver files for bankruptcy. Your fiance sues the at-fault driver if she cannot reach a settlement with the insurance company. The at-fault driver's insurance company will hire an attorney to defend their driver and will pay, up to their Liability/ Bodily Injury coverage limits, your fiance if she does finally reach a settlement or if her case goes to trial and a judge or trial renders a verdict or judgment in her favor. Your fiance may want to consult with an automobile accident attorney to discuss her case. Most accident attorneys offer a free initial consultation so it will not cost your fiance anything to get more information about her rights and options.... Read Answer

Under Michigan law, if you have lived in Michigan for more than 30 days and your car has been here for more than 30 days, then you MUST have a Michigan No Fault insurance policy. If you were driving an uninsured car, then regardless of whose fault the accident was, you cannot sue. PERIOD.... Read Answer

How much later? More than 3 years after the accident, there is nothing you can do because the Statute of Limitations expired. If it is less than 3 years, you just sue the person who caused the accident. However, if you already settled the case, there is nothing you can do because you have signed a release, releasing the wrong-doer and the insurance company from any further liability.... Read Answer