Family member was in car accident having trouble with insurance.

[jkohen7514]

What is the name of your state? NY & MI
A family memeber of mine was is an accident. We hired a lawyer to try to sue him because the family member got hurt. We jsut got a letter from the lawyer stating that his insurance company Bristol Insurance Group is rescinding their insured's policy for material misrepesentations allegedly made by her obtaining that policy. Michigan's state law howevewr prohibits a complete denial in cases involving an innocent third party. Michigans requires that hte policy be reformed to comport with Michigan's minimum liability limiits of $20,000.00. Because the accident occured in NY, the Michigan policy must be raised to the NY minimum of $25,000.00. If I accept this I would only get 2/3 of that amount.
Is there a way to still go after the insurance comapny, because I dont think they have a right to deny coverage, since the car had insurance.
Should I sign the offer of 25k, or should I hire an MI lawyer and try to colect under his policy.

 

[moburkes]

What is the name of your state? NY & MI
A family memeber of mine was is an accident. We Who is we? Why are you involved in this? hired a lawyer to try to sue him Tried to sue whom? The family member? because the family member got hurt. We jsut got a letter from the lawyer stating that his Again, which party? The at fault party? The not at fault party? insurance company Bristol Insurance Group is rescinding their insured's policy for material misrepesentations allegedly made by her obtaining that policy. Michigan's state law howevewr prohibits a complete denial in cases involving an innocent third party. Michigans requires that hte policy be reformed to comport with Michigan's minimum liability limiits of $20,000.00. Because the accident occured in NY, the Michigan policy must be raised to the NY minimum of $25,000.00. If I accept this I would only get 2/3 of that amount.
Is there a way to still go after the insurance comapny, because I dont think they have a right to deny coverage, since the car had insurance.
Should I sign the offer of 25k, or should I hire an MI lawyer and try to colect under his policy.

Rewrite this for clarity. He and him, when you are talking about 2 different people, is confusing. Where did the accident occur, MI or NY? Who was at fault? Does your family member live in NY or MI?

 

[jkohen7514]

Rewrite this for clarity. He and him, when you are talking about 2 different people, is confusing. Where did the accident occur, MI or NY? Who was at fault? Does your family member live in NY or MI?

The person that got into the accident is a male, but the paper from the lawyer says her? (I dont know)
The accident occured in NY. My family member lives in NY, and he was at fault.

 

[moburkes]

What is the name of your state? NY & MI
A family memeber of mine was is an accident. We hired a lawyer to try to sue him because the family member got hurt. We jsut got a letter from the lawyer stating that his insurance company Bristol Insurance Group is rescinding their insured's policy for material misrepesentations allegedly made by her obtaining that policy. Michigan's state law howevewr prohibits a complete denial in cases involving an innocent third party. Michigans requires that hte policy be reformed to comport with Michigan's minimum liability limiits of $20,000.00. Because the accident occured in NY, the Michigan policy must be raised to the NY minimum of $25,000.00. If I accept this I would only get 2/3 of that amount.
Is there a way to still go after the insurance comapny, because I dont think they have a right to deny coverage, since the car had insurance.
Should I sign the offer of 25k, or should I hire an MI lawyer and try to colect under his policy.

I'm confused. Your family member caused an accident, and you are trying to sue your family member because said family member got hurt? What do you have to do with this? Your explanation still didn't make sense. If you want, rewrite this using initials. What lawyer? Your family member's lawyer, or the other person's lawyer. What does MI have to do with this?

 

[jkohen7514]

I'm confused. Your family member caused an accident, and you are trying to sue your family member because said family member got hurt? What do you have to do with this? Your explanation still didn't make sense. If you want, rewrite this using initials. What lawyer? Your family member's lawyer, or the other person's lawyer. What does MI have to do with this?

My mother got into an accident with somone that had MI insurance. He was at fault and the accident happened in NY. We are suing him becasue my mom got hurt. My mom's Lawyer said he was repeating to us what the other party's insurance company told him.

 

[moburkes]

My mother got into an accident with somone that had MI insurance. He was at fault and the accident happened in NY. We are suing him becasue my mom got hurt. My mom's Lawyer said he was repeating to us what the other party's insurance company told him.

Okay, you've clarified some things.

The problem is this. If the insurance company rescinds the policy, then it never existed. It is different than a cancellation. However, in NY, your mother's insurance policy should be paying her medical bills.

 

[jkohen7514]

Okay, you've clarified some things.

The problem is this. If the insurance company rescinds the policy, then it never existed. It is different than a cancellation. However, in NY, your mother's insurance policy should be paying her medical bills.

They are paying for her medical bills, but we want to sue him for damages.
Should we sign the offer, or try to go after the insurance company.
IS it right that the my lawyer should get a third for not even dooing anything, I should just have to pay him for his time???

 

[moburkes]

They are paying for her medical bills, but we want to sue him for damages.
Should we sign the offer, or try to go after the insurance company.
IS it right that the my lawyer should get a third for not even dooing anything, I should just have to pay him for his time???

How much are her medical bills? How old is your mother? What are her injuries?

 

[jkohen7514]

How much are her medical bills? How old is your mother? What are her injuries?

I dont know how much the medical bills are, She is in her mid 50's and she broke her hand in 3 places, plates were put in, she is still going tho physical therepay one year later.

 

[moburkes]

I dont know how much the medical bills are, She is in her mid 50's and she broke her hand in 3 places, plates were put in, she is still going tho physical therepay one year later.

The hand that she writes with? If she has uninsured motorist coverage on her own policy, then she can use that policy for compensation. However, I'm not sure why you feel that your lawyer did nothing. He is entitled to whatever percentage your mother agreed to give him. And, by the way, $20k is 80% of $25k, not 66%.

You have to decide if this person, if sued, has the money to pay a winning lawsuit.

 

[jkohen7514]

The hand that she writes with? If she has uninsured motorist coverage on her own policy, then she can use that policy for compensation. However, I'm not sure why you feel that your lawyer did nothing. He is entitled to whatever percentage your mother agreed to give him. And, by the way, $20k is 80% of $25k, not 66%.

You have to decide if this person, if sued, has the money to pay a winning lawsuit.

Thank you for your help