My name is Steven Gursten. I'm a partner in the firm. What I'd like to do is go over with you whether or not you have a case.

Unfortunately, Michigan probably has the worst law in the country when it comes to being injured in a car accident. Unfortunately, it is not enough if you were completely innocent. It is not enough if you are in pain every day. What you have to do under Michigan law is you have to suffer what's called a serious impairment of body function. So the key word that you have to always keep in mind is it's not pain; it's impairment, and then it's not just impairment, but it has to be a serious impairment.

So what does that mean in terms of do you have a case or not? Well, if you were injured, the next step is determining if your life is impaired or if it's different now than it was before your car accident. Obviously, the more things I can do to help you to show differences between before the accident and after your car accident, the more likely you are to have a successful auto case.

So in terms of a serious impairment, what exactly am I talking about? Thankfully, a lot of it is common sense. So for example, the way you get better is by going to treat with doctors. Well, every time you go to a doctor, you're giving a medical history and you're letting that doctor know what's wrong with you. Every time you give a history, you're letting that doctor know and you're establishing your impairments for the record, all of the things that are hurting you or disabling you from a car accident.

Another common indicator is time off work. So for example, it would be easy for any judge or any jury to say that you are more likely to have suffered a serious impairment the longer you're off work. Now, the problem is in Michigan is that the inverse of that is also true, so people who go back to work too early even though they're in terrible pain and are trying to do it, are the people who are most punished under our current law. The people who are trying to do their normal activities but they do it with pain are more likely to be punished because what's happening under our law is the courts are looking at these cases and they're saying, Gee, I notice you're able to go back to work after a couple weeks from your car accident even though you say you're in pain. How is that a serious impairment? So unfortunately, under our current law in Michigan, those people who are normally most worthy of our respect are those who are most punished and the key to having a successful auto case is really documenting your injuries with your medical doctors, being able to show how your life is different now compared to how it was before the accident, and then there's many common sense ways that we can show together about ways that your life is being impaired or different now than it was before your auto accident.

Please call me if you have any questions. I'll be happy to help. Thank you.

My name is David Christensen. I'm a partner in this law firm. Today I'd like to discuss a benefit with you that's available through Michigan's No‑Fault Act.

When you purchase your automobile insurance, you buy coverage for something called attendant care. Attendant care is a no‑fault benefit that entitles you to have nursing care while you're at home recovering from your injuries. For example, if you're in the hospital with a very serious injury and the doctor discharges you home, you may need to have a nurse come by and visit you, to change your bandages, to check on you, run tests, or provide medication. That is called attendant care.

In many instances, people are discharged home and they don't require the high nursing skill of a registered nurse, but maybe a home health aide can provide all of the care that they need. If you need a home health aide, you're entitled to purchase those services from a commercial home health company and your insurance company will be required to pay for those bills.

Now, the unique feature of Michigan's No‑Fault Act is that an individual who has a family member or a close friend that is capable of providing the attendant care can have that family member or friend provide the attendant care in their own home. The courts have ruled that family‑provided care can be much more caring and better care than what you actually buy from a commercial service.

The attendant care benefit requires the no‑fault insurance company to pay your family member or friend for their services at the commercial rate. In other words, the law does not give the insurance company a discount just because you are fortunate enough to have a family member or friend that is in a position that they can take care of you.

The important fact that everybody needs to know about attendant care is that it's available. That's something the insurance companies usually do not tell you until you make your claim.

It is important to keep a very close, well‑documented record of all of the services and hours that care was provided and those can be turned into the insurance company every month and then payment should be forthcoming. Of course, it is necessary to have a doctor's prescription for the attendant care.

I'd like to explain to you about another important insurance coverage that you can take out to protect yourself and your family. You take out liability insurance to protect the other driver in case you cause an accident, and that's fine to protect the other driver, but how about yourself and your family? There is a coverage called uninsured motorist/underinsured motorist and we strongly recommend that you take out this coverage.

Many insurance companies will offer you what is called uninsured motorist and have for a long time and what that basically says, for a very small premium, if the wrongdoer has no insurance or if it's a hit and run, then they will take the place of the wrongdoer and they will settle with you as if they were the wrongdoer in theory, based on your injuries, up to your policy limit. And that's a great coverage.

So in 1970, there was $20,000 in insurance. You should now carry to protect you and your family normally at least $100,000, and if at all possible, $300,000 in insurance, because with inflation, that's where it is now for your benefit of your family.

Some insurance companies do not even offer underinsured motorist and this is a critical coverage for everybody in the state of Michigan, and especially for you, because what it says is if you're rear‑ended, somebody runs a red light, somebody is clearly at fault and they come out and say, Gee, we're terribly sorry we caused all of these serious injuries, but they only have a $20,000 or a $50,000 policy limit, that's all you can collect, but for a very, very small premium, and it really is a small premium, you can ask your insurance company to write what is called underinsured motorist coverage. That is critical because what that says is if the wrongdoer pays their policy limit and the value of your case is over that auto insurance. So the classic example would be that the person gets out of the car, you're seriously hurt, their insurance company says, We're sorry, we only have $50,000 in insurance but your case is worth $300,000, then your own insurance company will give you another $250,000 for your injuries, your pain and suffering, any lost wages over the no‑fault coverage, and it is tax free. Please understand, one of the greatest things in our law is the settlement with the wrongdoer is tax free and the proceeds you get from the uninsured/underinsured motorist is also tax free.

It is also important to understand that State Farm Insurance Company, other insurance companies refuse to write underinsured motorist coverage for your protection. AAA writes it. Citizens Insurance Company writes it. Allstate writes it. And if your insurance company does not carry this, you cannot properly protect yourself and your family just like you would take out medical insurance, just like you might take out life insurance and disability insurance, and you seriously should consider changing insurance companies and carry at least $100,000, which would be for one person. Sometimes you write 100,000/300,000. Or like Citizens offers a $300,000 single limit or even a $500,000. Normally whatever you carry in liability coverage in case you cause an accident, you can also carry an uninsured/underinsured motorist and I strongly recommend that you carry this coverage.

Hi. My name is Larry Gursten and I'm going to try to explain to you the no‑fault law in your action against the insurance company for your benefits, and I'm going to give you knowledge and understanding to help you in collecting these benefits.

You really have a contract with your insurance company and what it allows you to do is collect five different benefits.

The first no‑fault benefit is medical bills, and I know that is a concern because everybody wants to get their doctor bills paid, their hospital bills paid. The doctors are pressing you to be paid. And fortunately in Michigan, that is an excellent coverage. If you have medical insurance first in your household, you have to go to that medical insurance, and if they pay if it's an automobile accident because that you'll also have to check on, then the medical insurance will be first. If you do not have medical insurance in the household or they say to you, We don't pay if it's an automobile accident, that is not a problem because then your auto insurance or the auto insurance of a relative in your household is going to pay all of your medical bills for life. That is a great coverage.

You always want to check if it's your policy, do you have what's called coordinated or excess coverage and you have to check your relatives in your household if you're collecting from them if they have coordinated or excess that says you must go to your medical insurance first and then your auto insurance will pay. The reason that's so important is if you have a book of doctors or your relative has a book of doctors and you're covered under that auto insurance, you must go to the doctors in that book. Be very careful. If you go to other doctors outside of that book, your auto insurance company may deny your coverage for those doctors. So the medicals for life, it is a great coverage.

Your fourth benefit is called mileage and you are entitled to mileage every time you go to a doctor or hospital. So please, track your mileage. There are mileage forms ‑‑ the insurance companies have them, we have them ‑‑ you fill them out and you're entitled to mileage.

I would also like to explain to you the initial procedure when you have an automobile accident. Obviously, you've contacted your auto insurance company, and if you have no auto insurance, then your relative in your household, and if there's no auto insurance in your household, then you can go to what is called the Assigned Claim Fund of the State of Michigan. There's an application for benefits form. It's a notice form, but it must be filled out as soon after the accident as you can and you must have that in within one year of the date of the accident or you lose entirely your right to collect all no‑fault benefits. So please, make sure you do that.

You only have one year from the date you have gone and incurred a bill to have the auto insurance pay that bill or you lose the right to collect that bill. So whether they say it's under investigation or they need more information, that does not do it. You have to have a lawsuit started within one year of the date you have gone to a hospital, a doctor, have incurred lost wages, incurred attendant care. Anything you have done as a no‑fault benefit must be paid within one year or a lawsuit must be started.

Please understand that every factor can change an answer and it is extremely important that you call an attorney and talk to him about these benefits as to any questions because this is a technical, complex law. And I hope this has given you knowledge and advice.

And if there are any questions, please feel free to call us. We're here to help you and make sure things go well for you. Thank you.

Hi. My name is Larry Gursten and I'm going to try to explain to you the no‑fault law in your action against the insurance company for your benefits, and I'm going to give you knowledge and understanding to help you in collecting these benefits.

This law was passed October 1, 1973, and you really have a contract with your insurance company, and what it allows you to do is collect five different benefits. Four of them, your insurance company will tell you about. The fifth one many times they don't, but I will give you that knowledge and understanding.

I'd also like to explain to you the initial procedure when you have an automobile accident. Obviously, you have contacted your auto insurance company, and if you have no auto insurance, then your relative in your household, and if there's no auto insurance in your household, then you can go to what is called the Assigned Claim Fund of the State of Michigan. There's an application for benefits form. It's a notice form, but it must be filled out as soon after the accident as you can and you have it in within one year of the date of the accident or you lose entirely your right to collect all no‑fault benefits. So please, make sure you do that.

The first no‑fault benefit is medical bills, and I know that is a concern because everybody wants to get their doctor bills paid, their hospital bills paid. The doctors are pressing you to be paid. And fortunately in Michigan, that is an excellent coverage. If you have medical insurance first in your household, you have to go to that medical insurance and if they pay if it's an automobile accident, because that you'll also have to check on, then the medical insurance will be first. If you do not have medical insurance in the household or they say to you, We don't pay if it's an automobile accident, that is not a problem because then your auto insurance or the auto insurance of a relative in your household is going to pay all of your medical bills for life. That is a great coverage.

You always want to check if it's your policy, do you have what's called coordinated or excess coverage and you have to check your relatives in your household if you're collecting from them if they have coordinated or excess that says you must go to your medical insurance first and then your auto insurance will pay. The reason that it's so important is if you have a book of doctors or your relative has a book of doctors and you're covered under that auto insurance, you must go to the doctors in that book. Be very careful. If you go to other doctors outside of that book, your auto insurance company may deny your coverage for those doctors. So the medicals for life, it is a great coverage.

The next benefit is lost wages and this is also a great benefit. You are entitled to eighty‑five percent of your lost wages, your gross lost wages tax free every month you are disabled for up to three years. That is a wonderful benefit. So remember, it's tax free. It's just a form from your employer that filled it out. If you have overtime, please put in your overtime. And you're entitled to collect overtime not even the date of the accident, but while you were disabled if you would get a raise, you are entitled to also have that raise included in your lost wages.

The third benefit is called replacement services. Sadly when this law was passed in 1973, that benefit was $20 a day for people doing the work that you can no longer do: housework, shoveling the snow, cutting the lawn. That has never gone up by the cost of living. So there's another form for your doctor to fill out stating you're in need of replacement services and then there is also a form for the people doing the work to fill out. They could be a husband, wife, family, friends, whoever is doing that, and they are entitled to be paid at $20 a day.

Your fourth benefit is called mileage and you are entitled mileage every time you go to a doctor or hospital. So please, track your mileage. There are mileage forms ‑‑ the insurance companies have them, we have them ‑‑ you fill them out and you're entitled to mileage.

The fifth benefit sadly is where you are seriously hurt, whether it is physical injury where somebody has to help you with what is called assist you with the functions of daily living: dressing, eating, going to the bathroom. There are many functions. And if you have that or you have a closed head injury that is serious enough that you need help, somebody near you to help supervise at night, somebody has to be there in case you cannot get out of the house in case there's an emergency, that is called attendant care and that is paid on an hourly basis. That is an extremely important coverage, because sadly where people are seriously hurt, you are entitled to collect twenty‑four hours a day, seven days a week if that's what the doctor says, and that goes on indefinitely. So lost wages are three years, replacement services are three years, but the attendant care can be for life or as long as you need it. It is complex, it is sophisticated, but it is a great benefit for you.

You only have one year from the date you have gone and incurred a bill to have the auto insurance pay that bill or you lose the right to collect that bill. So whether they say it's under investigation or they need more information, that does not do it. You have to have a lawsuit started within one year of the date you have gone to a hospital, doctor, have incurred lost wages, incurred attendant care. Anything you have done as a no‑fault benefit must be paid within one year or a lawsuit must be started.

Now those are the five benefits. Please understand that every factor can change an answer and it is extremely important that you call an attorney and talk to him about these benefits as to any questions because this is a technical, complex law. And I hope this has given you knowledge and advice in terms of explanation of no‑fault benefits.

And if there are any questions, please feel free to call us. We're here to help you and make sure things go well for you. Thank you.

Hi. My name is Larry Gursten and I'm going to try to explain to you the no‑fault law in your action against the insurance company for your benefits, and I'm going to give you knowledge and understanding to help you in collecting these benefits.

You really have a contract with your insurance company and what it allows you to do is collect five different benefits..

You are entitled to 85% of your lost wages - your gross lost wages - tax free, every month you are disabled for up to 3 years. That is a wonderful benefit. So remember its tax free, its just a form from your employer that is filled out. If you ahve overtime, pls put in your overtime or intent for overtime. Not even the date of your accident but while you were disabled if you would get a raise, your entitled to have that raise included in your lost wages.

I would also like to explain to you the initial procedure when you have an automobile accident. Obviously, you've contacted your auto insurance company, and if you have no auto insurance, then your relative in your household, and if there's no auto insurance in your household, then you can go to what is called the Assigned Claim Fund of the State of Michigan. There's an application for benefits form. It's a notice form, but it must be filled out as soon after the accident as you can and you must have that in within one year of the date of the accident or you lose entirely your right to collect all no‑fault benefits. So please, make sure you do that.

You only have one year from the date you have gone and incurred a bill to have the auto insurance pay that bill or you lose the right to collect that bill. So whether they say it's under investigation or they need more information, that does not do it. You have to have a lawsuit started within one year of the date you have gone to a hospital, a doctor, have incurred lost wages, incurred attendant care. Anything you have done as a no‑fault benefit must be paid within one year or a lawsuit must be started.

Please understand that every factor can change an answer and it is extremely important that you call an attorney and talk to him about these benefits as to any questions because this is a technical, complex law. And I hope this has given you knowledge and advice..

And if there are any questions, please feel free to call us. We're here to help you and make sure things go well for you. Thank you.

My name is Larry Gursten and I'm going to try to explain to you the no‑fault law in your action against the insurance company for your benefits, and I'm going to give you knowledge and understanding to help you in collecting these benefits.

This law was passed October 1, 1973, and you really have a contract with your insurance company, and what it allows you to do is collect five different benefits. Four of them, your insurance company will tell you about. The fifth one many times they don't, but I will give you that knowledge and understanding.

I'd also like to explain to you the initial procedure when you have an automobile accident. Obviously, you have contacted your auto insurance company, and if you have no auto insurance, then your relative in your household, and if there's no auto insurance in your household, then you can go to what is called the Assigned Claim Fund of the State of Michigan. There's an application for benefits form. It's a notice form, but it must be filled out as soon after the accident as you can and you have it in within one year of the date of the accident or you lose entirely your right to collect all no‑fault benefits. So please, make sure you do that.

The first no‑fault benefit is medical bills, and I know that is a concern because everybody wants to get their doctor bills paid, their hospital bills paid. The doctors are pressing you to be paid. And fortunately in Michigan, that is an excellent coverage. If you have medical insurance first in your household, you have to go to that medical insurance and if they pay if it's an automobile accident, because that you'll also have to check on, then the medical insurance will be first. If you do not have medical insurance in the household or they say to you, We don't pay if it's an automobile accident, that is not a problem because then your auto insurance or the auto insurance of a relative in your household is going to pay all of your medical bills for life. That is a great coverage.

You always want to check if it's your policy, do you have what's called coordinated or excess coverage and you have to check your relatives in your household if you're collecting from them if they have coordinated or excess that says you must go to your medical insurance first and then your auto insurance will pay. The reason that it's so important is if you have a book of doctors or your relative has a book of doctors and you're covered under that auto insurance, you must go to the doctors in that book. Be very careful. If you go to other doctors outside of that book, your auto insurance company may deny your coverage for those doctors. So the medicals for life, it is a great coverage.

The next benefit is lost wages and this is also a great benefit. You are entitled to eighty‑five percent of your lost wages, your gross lost wages tax free every month you are disabled for up to three years. That is a wonderful benefit. So remember, it's tax free. It's just a form from your employer that filled it out. If you have overtime, please put in your overtime. And you're entitled to collect overtime not even the date of the accident, but while you were disabled if you would get a raise, you are entitled to also have that raise included in your lost wages.

The third benefit is called replacement services. Sadly when this law was passed in 1973, that benefit was $20 a day for people doing the work that you can no longer do: housework, shoveling the snow, cutting the lawn. That has never gone up by the cost of living. So there's another form for your doctor to fill out stating you're in need of replacement services and then there is also a form for the people doing the work to fill out. They could be a husband, wife, family, friends, whoever is doing that, and they are entitled to be paid at $20 a day.

Your fourth benefit is called mileage and you are entitled mileage every time you go to a doctor or hospital. So please, track your mileage. There are mileage forms ‑‑ the insurance companies have them, we have them ‑‑ you fill them out and you're entitled to mileage.

The fifth benefit sadly is where you are seriously hurt, whether it is physical injury where somebody has to help you with what is called assist you with the functions of daily living: dressing, eating, going to the bathroom. There are many functions. And if you have that or you have a closed head injury that is serious enough that you need help, somebody near you to help supervise at night, somebody has to be there in case you cannot get out of the house in case there's an emergency, that is called attendant care and that is paid on an hourly basis. That is an extremely important coverage, because sadly where people are seriously hurt, you are entitled to collect twenty‑four hours a day, seven days a week if that's what the doctor says, and that goes on indefinitely. So lost wages are three years, replacement services are three years, but the attendant care can be for life or as long as you need it. It is complex, it is sophisticated, but it is a great benefit for you.

You only have one year from the date you have gone and incurred a bill to have the auto insurance pay that bill or you lose the right to collect that bill. So whether they say it's under investigation or they need more information, that does not do it. You have to have a lawsuit started within one year of the date you have gone to a hospital, doctor, have incurred lost wages, incurred attendant care. Anything you have done as a no‑fault benefit must be paid within one year or a lawsuit must be started.

Now those are the five benefits. Please understand that every factor can change an answer and it is extremely important that you call an attorney and talk to him about these benefits as to any questions because this is a technical, complex law. And I hope this has given you knowledge and advice in terms of explanation of no‑fault benefits.

And if there are any questions, please feel free to call us. We're here to help you and make sure things go well for you. Thank you.