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Friday, October 19, 2012
By Michael Nichols
Michigan drunk driving attorney Mike Nichols is fighting against the ability of insurance companies to collect from his client in a Livingston County OWI-OUIL case. “The insurance company may fight the legal definition of ‘victim’ but they are required to show special facts that make them a victim as opposed to an ordinary person who suffered an out of pocket loss,” Nichols says. The court and prosecutor believed that the insurance company was entitled to restitution because the crime victim’s rights act (CVRA) lists an insurance company as a victim. In this Livingston County drunk driving case, a woman was drinking, left the road on a sharp curve, struck 3 vehicles then was arrested by the Livingston County Sheriff Department. “I was angered when I read the presentence investigation report and saw the request for over $15,000.00 for the 2 vehicles that were fully insured,” said Nichols.
Nichols filed a motion and brief, citing the Michigan No Fault Insurance Act to argue that the insurance company would not be entitled to compensation under the No Fault Act. “Under Michigan common law, the court must find ‘special facts’ in the case to determine that the insurance company should get compensation when it otherwise is not entitled to compensation. I cited the case, People v Gourd, 200 Mich App 493 (1993) which says just that. So far, the court has issued no order requiring the insurance company to be paid over $15,000.00 by my client – they’ll get that money when I am out of breath fighting this issue because it is wrong and shameful for an insurance company to try to double dip” Mike Nichols says.
For an attorney who speciallizes in helping the underdogs, especially citizens accused of drugged and drunk driving – and the lawyer who is committed to results, contact drunk driving attorney Mike Nichols of Lansing at 517.432.9000 or mnichols@nicholslaw.net