Richard L. Migala Blog

Why have insurance companies taken away their adjuster's authority to settle claims?

Rich Migala — Mon, 29 Apr 2013 21:39:17 GMT

Have a mediation coming up. Insurance companies seem to need an independent party to tell them that they should pay, and how much they should pay. I have a defense attorney on one of my personal injury cases who apologized for the insurance company's low offer. I keep hearing how the insurance

Why should I purchase underinsured or uninsured coverage in my automobile insurance policy if I am in an auto accident in Michigan?

Rich Migala — Wed, 17 Apr 2013 17:37:34 GMT

I have 3 motor vehicle accident injury victims from different accidents in Kalamazoo, Portage, and Battle Creek who were smart enough to take out optional underinsured coverage in their automobile insurance policies. All 3 at fault drivers were charged with OWI and will be uncollectible beyond

What the heck?

Rich Migala — Tue, 16 Apr 2013 18:31:24 GMT

Criminal clients are like your children. You never get the whole story until you talk to other people or get the full police report. Like your kids, they leave out a lot of information or often forget to tell you the best parts of the story. I am your attorney. You should be honest with me. The

Choosing the right insurance company is important if you are seriously injured in a car accident in Michigan

Rich Migala — Wed, 10 Apr 2013 22:27:48 GMT

I have a client who was seriously injured in automobile accident in Plainwell and his auto insurance carrier is refusing to pay benefits until it determines if it is the proper carrier to pay in the order of priority. This violates Michigan law. I shouldn't have to sue my client's own insurance

How do I avoid being pulled over for a safety inspection while boating?

Rich Migala — Fri, 05 Apr 2013 07:01:27 GMT

Are you ready to get the boat out? You might want to have the Coast Guard Auxiliary or other organization perform a safety inspection. Once completed successfully, you get a sticker to put on the windshield. Then you won't be stopped while boating for those pesky safety inspections while you are

Can I be pulled over while operating my boat for a safety inspection if I already have a sticker on it?

Rich Migala — Fri, 05 Apr 2013 06:56:36 GMT

what happens if I get in motorcycle car accident in Michigan and I don't have insurance or motorcycle endorsement?

Rich Migala — Wed, 03 Apr 2013 22:45:51 GMT

Spring is here. If you own a motorcycle make sure you insure it before you take it out on your spring test drive. Also, I have a Portage personal injury client who got in motorcycle accident. Defense attorney in Kalamazoo is arguing because client didn't have motorcycle endorsement he was

How do I get a felony or misdemeanor expunged to clear my criminal record in Michigan?

Rich Migala — Mon, 01 Apr 2013 22:05:31 GMT

I have a client in Kalamazoo who had a shoplifting conviction when he was 18 and a possession of marijuana conviction 10 years ago. The possession criminal conviction is keeping him from a higher paying promotion. He thought because he had 2 criminal charges, he couldn't get the possession

How did my license get suspended after pleading guilty to possession of marijuana or MIP in Kalamazoo?

Rich Migala — Thu, 21 Mar 2013 18:01:20 GMT

Was at 54th District Court in East Lansing helping Kalamazoo area student. There were at least 30 MSU students who were appearing for MIP (minor in possession) charges. Most pled guilty. If they get another one, their license will be suspended. Not by the Court, by the Secretary of State. Most

Does having a mental health disorder mean you can't suffer a traumatic brain injury in a car accident in Southwest Michigan?

Rich Migala — Mon, 18 Mar 2013 21:35:11 GMT

Does a personal injury automobile accident victim who was bi-polar his whole life but functioned normally and worked successfully pre accident who receives a minor traumatic brain injury along with other injuries that prevent him from working suffer more, or less, than someone who has never

West Michigan police using cameras to run license plates can traffic cameras be far behind?

Rich Migala — Sun, 17 Mar 2013 16:29:53 GMT

Grand Rapids police have rolled out a camera that takes pictures of cars and license plates while they are on the highway or parked allowing police officers to seize vehicles with multiple outstanding parking tickets, warrants, and find stolen cars. Can the widespread use of traffic cameras to write

Michigan no fault personal injury benefits reform is being proposed to reduce medical payments if injured in motor vehicle accident, so who will pay if the auto insurance carrier won't?

Rich Migala — Sun, 10 Mar 2013 21:10:03 GMT

A bill is making its way through the Michigan legislature that would eliminate no fault unlimited medical coverage if you are seriously injured in an automobile accident and maximizing medical coverage at $50,000. I am not against no fault reform but most of my personal injury clients injured in

Who pays for my lost wages and medical bills if I am injured after being hit by a car while riding my bicycle?

Rich Migala — Tue, 26 Feb 2013 15:51:17 GMT

You would think that the insurance company of the car that hit a bicyclist in a motor vehicle or car accident should pay the bicyclist’s lost wages and medical bills (called Michigan no-fault PIP benefits). You would be wrong. In Michigan we have what is called a priority system to determine what

How can I avoid a criminal record if I am arrested for MIP (minor in possession of alcohol), possession of marijuana, shoplifting (retail fraud 3rd degree) in Kalamazoo?

Rich Migala — Wed, 20 Feb 2013 22:08:29 GMT

Deferred sentences, pleas, or other similar programs are there to assist first time offenders from having a permanent criminal record for a youthful indiscretion like MIP (minor in possession of alcohol), possession of marijuana, or shoplifting (retail fraud 3rd degree). They all have provisions

Why are the Michigan courts so aggressively prosecuting MIP and Possession of Marijuana?

Rich Migala — Tue, 19 Feb 2013 22:09:46 GMT

I talked to a city attorney who is prosecuting my Portage WMU client who got an MIP with friends while in Grand Rapids. Even he couldn't understand why the police and courts are so aggressively pursuing kids for minor in possession of alcohol and possession of marijuana. He was reminiscing about

Urine drug testing. How good are they?

Rich Migala — Mon, 18 Feb 2013 22:13:45 GMT

I have a KVCC student as a client for a possession of marijuana who spent an hour telling me about all the research he did on the urine testing he would be undergoing and all the ways kids try to outsmart the test. Drinking large amounts of water (doesn't work). Supplements (doesn't work). Blah,

Elderly personal injury clients have unique issues.

Rich Migala — Thu, 14 Feb 2013 18:23:20 GMT

I have the most wonderful 93 year old personal injury client who was injured in a motor vehicle accident in Kalamazoo. She went to the hospital but her medical issues relating to her age made it hard to know what injuries resulted from the accident as time went on. She often failed to even mention

What do young people think of the War on Drugs?

Rich Migala — Wed, 13 Feb 2013 21:18:32 GMT

I have a MSU student from Kalamazoo as client who was charged with possession of marijuana. We had a deep discussion about marijuana drug laws and how much more severe they are (even for use of marijuana) in comparison to alcohol laws like MIP. He made a good argument that the war on drugs will

How to be safer when walking at night

Rich Migala — Mon, 11 Feb 2013 18:30:40 GMT

It's so sad to see another fatal pedestrian accident in Kalamazoo. If you are going to be out and about on foot at night, make sure people can see you. Always wear bright colored coats or reflective clothing. Be seen to be safe. Even streets with street lights don't always make people easier to

Michigan no-fault benefits may be unlimited but you may have to file suit to get them.

Rich Migala — Thu, 24 Jan 2013 20:19:47 GMT

I am a case evaluator tomorrow in Kalamazoo County. Half of the 10 cases I will evaluate are no fault benefit disputes. This is a disturbing trend. Auto carriers are denying their own insureds benefits more frequently. God help you if you have back, shoulder, or neck problems in your past and