Legal Question in Personal Injury in Michigan
determination of damages
This happened in a restaurant in Michigan.
My wife bit into a hamburger and broke a tooth on a hard object.
The incident was witnessed by her sister and reported at once to the restaurant.
The tooth was repaired by a dentist. The cost was $700. Our insurance paid
$500. We paid $200.
The meatpacker�s insurance company has (finally) offered to pay our $200. Loss.
I argue that the fact that we had insurance should not work to the benefit of the
Meatpacker and that we should be reimbursed the full $700.
Am I right or wrong?
2 Answers from Attorneys
Re: determination of damages
Actually, the issue is a little more compliated than that. There are some recent changes in the law that would allow the restaurant to get credit for the fact that you had insurance. However, many of the health insurers have a requirement that they be reimbursed in the event that you successfully recover damages. This means that you would have to pursue the damages paid by the insurer. The amount that they are attempting to settle for is ridiculous. Call me at 248-353-9400 if you wish to discuss this further. Bill Stern
Re: determination of damages
Hello, I have received a copy of your e-mail. You are correct in your conclusion that that the meat packer should be responsible for the entire charges to you, whether covered by insurance or not. You are also settling for too little. If you have any questions feel free to cal my office and schedule an appointment. John C. Talpos (http://www.Mich-Lawyer.com)
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
