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Ask Winston Mortain Your Own Question
Winston Mortain
Winston Mortain, Lawyer.
Category: Legal
Satisfied Customers: 665
Experience:  27 years practice of law
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where do you find breach of contract and fraud committed by ...

Customer Question

where do you find breach of contract and fraud committed by an insurance company laws in the state of MI.? It seems that they are not able to commit these acts.
Submitted: 9 years ago.
Category: Legal
Expert:  Winston Mortain replied 9 years ago.

The compiled laws probably aren't going to contain anything specific to your situation. If you suspect an insurance company has done something fraudulent you probably are considering taking the insurance company to court and asking for some sort of a remedy.

Tell me what happened and I will let you know if you have a case.

Customer: replied 9 years ago.
Reply to Winston Mortain's Post: self-employed got in a car accident tehy continually asked for more info and then 33 days before limitations expired sent denial based on a 26 year old case that had nothing to do with my case but with a guy who got killed. Also denied medical payments despite a report from the doctor that I will "probably find it very difficult to return to my work as a contractor.
Expert:  Winston Mortain replied 9 years ago.

You had a claim against (can sue) the insured for your injuries resulting from the accident. The insurance company has denied the claim. Has the statute of limitations expired, or is any of 33 day period left?

Customer: replied 9 years ago.
I have until april 10 and I have prepared a summons and complaint I will deliver tommorow,we are a "notice" state .I am putting together case law etc. to add to the summons. I figure if I get an attorney he can just throw me on the mercy of the court and fix any mistakes I make;trying to say as little as possible
Expert:  Winston Mortain replied 9 years ago.

It looks to me that you are doing the what needs to be done. Be sure you sue the insured (person you got in the accident with).

Service of the summons will toll the statute of limitations.

Customer: replied 9 years ago.
don`t know his name so I sue under my uninsured/under insured. di I need to put John Doe on the summons?
Expert:  Winston Mortain replied 9 years ago.

Was there a police report?

If it's your insurance company we have been talking about (uninsured coverage), you would sue it.

Customer: replied 9 years ago.
Reply to Winston Mortain's Post: yes there is a police report
Expert:  Winston Mortain replied 9 years ago.

Confused here.

You were hit by someone, but it is not known who it was? So the police report indicates unknown driver; hit and run?

When you talked about your problems with the insurance company, I was thinking it was the company of the person who hit you. But is it your own insurance company?