Car Accidents - Serafini, Michalowski, Derkacz & Associates, P.C.

Watch – Attorney Sean Serafini argues before the Michigan Supreme Court regarding auto no-fault and bodily injury insurance coverage for children of divorced parents.

Serafini, Michalowski, Derkacz & Associates — Tue, 14 Apr 2026 21:47:16 GMT

Watch SMDA associate Sean Serafini’s April 9, 2026 argument before the Michigan Supreme Court in Frownfelter v Esurance Property & Casualty Co., et. al.

This case involves a minor child of divorced parents who was involved in an auto accident while she was a passenger in a car driven by her brother. Since her brother lived with her father, and the father owned the car, suit for her injuries had to be filed against her father. Additionally, suit was filed against both her mother’s and father’s respective no-fault insurers after they refused to pay for the child’s medical treatment and essentially just pointed the finger at each other.

There were two primary questions in this case. First, whether the minor child would get no-fault PIP benefits from her mother’s auto insurance or her father’s auto insurance. This question turned on where the child was considered “domiciled”.

The second issue was whether the minor child, who indisputably primarily lived with her mother, would be subject to a coverage reduction provision in her father’s policy of auto insurance, that would leave her father with only $20,000.00 of liability coverage instead of the $250,000.00 of coverage that he had purchased. This determination turned on the definition of “resident” in the policy of insurance that Esurance had written and issued to the father. Accordingly, this finding would also determine the amount the minor child, who suffered serious injuries to her spine, would be able to recover under the insurance policy.

Both the trial court and Court of Appeals held that the minor child’s domicile was with her father, because she had spent the night before the collision at her father’s house. Similarly, the Court of Appeals upheld the trial court’s ruling that the child was a “resident” of her father’s house, such that the coverage reduction provision applied. SMDA appealed this decision to the Michigan Supreme Court, which agreed to hear oral argument on the matter.

On April 9, 2026, Mr. Serafini argued for reversal of the lower court decisions before the Supreme Court. Regarding the first issue, Mr. Serafini argued that although the lower courts had incorrectly applied the existing test used to determine the domicile of a minor child of divorced parents, the Supreme Court should re-write the rule complete, as it had led to numerous conflicting Court of Appeals opinions in the previous few years. Amicus briefing in support of this position was submitted by the Family Law Section of the State Bar of Michigan and the Michigan Association for Justice.

On the second issue, Mr. Serafini argued that Esurance should be forced to provide the $250,000.00 that the child’s father had bought and paid for. Though Esurance failed to define the term “resident” in the policy, Esurance argued that the term should be given the broadest meaning possible, such that the child would be considered a resident of her father’s household, when she did not live there and only visited about one weekend per month.

Mr. Serafini asserted that Esurance, with a team of coverage attorneys and underwriters, had no excuse for not defining the term “resident” if they truly intended to expand the term resident to include a person who spends a couple of nights per month at another family member’s house. However, since Esurance did not define the term, it was ambiguous, or subject to multiple meanings, as a matter of law. Mr. Serafini argued that because the Supreme Court has long held that any ambiguity in an insurance contract must be construed against the drafter of that contract, which was Esurance, and because the Court has repeatedly stated that insurance contracts should be construed in favor of providing coverage, the child’s father should get what he thought he was paying for: $250,000.00 of liability coverage.

The Michigan Supreme Court is expected to issue either a written order or opinion detailing its decision within the next few months.

Click here to read more about Attorney Sean Serafini.

Court of Appeals Decision Represents Major Victory for Survivors of Catastrophic Crashes and their Families

Serafini, Michalowski, Derkacz & Associates — Fri, 26 Aug 2022 20:03:43 GMT

SMDA is proud to report that survivors of catastrophic crashes and their loved ones, including a number of my clients at Serafini, Michialowski, Derkacz & Associates, PC, won a major victory in the Michigan Court of Appeals today. The Court issued its long awaited decision in Andary v USAA and held that benefit reductions passed as part of 2019 auto insurance reforms could not be applied retroactively. The decision Represents a Major Victory for Survivors of Catastrophic Crashes and their Families, has binding effect on retroactive application of benefit reductions. The Court ruled 2-1 in favor of the plaintiffs in the case of Andary et al. v USAA Casualty Insurance Company et al. The lawsuit was filed in 2019 by guardians of two catastrophically injured auto accident victims — along with the nationally renowned brain injury rehabilitation clinic Eisenhower Center — and names Citizens Insurance Company of America and USAA Casualty Insurance Company as the defendants. The victims, on whose behalf the lawsuit was filed, are Ellen Andary, of East Lansing, and Philip Krueger, of Ann Arbor. The decision will enable thousands of severely injured accident victims to continue receiving medical expense and home care reimbursement at the benefit levels that were legally enforceable under insurance policies that those victims bought and paid for for years before the new law went into effect. The decision will prevent insurance companies from reaping windfall profits by retaining premiums they collected to pay benefits they would no longer be required to provide if the Court had allowed the Insurance Companies to retroactively apply the new law to these claims some of which stem from catastrophic collections that occurred more than thirty years ago. Most significantly, the ruling determined that: The legislation did not contain specific and sufficient language confirming that the legislature intended to apply these changes retroactively. Even if the legislation contained sufficient provisions intending to apply benefit reductions retroactively, such an application would have been an unconstitutional violation of the Contracts Clause of the Michigan Constitution. The trial court improperly dismissed the plaintiffs’ constitutional equal protection and due process challenges, which alleged that such benefit reductions would violate these constitutional provisions if applied to future accident victims, for the reason that such allegations required factual development in the trial court. Under the Michigan Court Rules, this published opinion has immediate, binding, precedential effect unless it is overturned by the state Supreme Court. Lead counsel for the Plaintiff, George Sinas is to be commended for his work on this case. It is a lifeline for the most vulnerable citizens of our state.

FOLLOWING UP WITH YOUR DOCTOR AFTER A CAR ACCIDENT

Serafini, Michalowski, Derkacz & Associates — Tue, 20 Mar 2018 04:00:00 GMT

Some car accident victims suffer from evident pain immediately after a car accident, such as a broken bone or back injury. Others, however, may not experience the pain right away. Some people may think that their pain is not severe and will go away on its own.

There is no question that it would be in your best interest to see a doctor after a motor vehicle accident. You may not immediately experience pain, but that does not mean that you have not suffered an injury, or that you will face one down the road. Clients have frequently stated that immediately after an accident they were not in pain and that the pain came days, or even weeks, later.

Being a victim of a car accident can be a very scary and confusing time. Many people are unsure of the steps they need to take to ensure they receive benefits they are entitled to. If you or a loved one has been injured as a result of a car accident, call SMDA Law today to schedule your free consultation. It is important to know and understand your rights.

SUPREME COURT ALLOWS HIGH SCHOOL RUNNER TO CHASE THEIR CLAIM

Serafini, Michalowski, Derkacz & Associates — Mon, 14 Aug 2017 04:00:00 GMT

The Supreme Court has overturned the Court of Appeals decision preventing a 13 year old member of a high school cross country team from suing the coach in addition to the driver that hit him as he was on a training run with the team. The team was on a pre-dawn training run when they came to a traffic light. The team initially stopped at the light, but continued to cross the street, against traffic laws, on their coach’s instruction. The plaintiff was one of two members of the team who were injured by a vehicle which hit them while crossing the street. In addition to the driver, the family sued the coach alleging that he was partially responsible for their son’s injuries when he ordered the team to cross the street.

The family initially lost the case regarding the claim against the coach when the Court of Appeals ruled that the coach was protected by governmental immunity. The Michigan Supreme Court subsequently held that the Court of Appeals had failed to properly analyze the cause of the child’s injuries and when the case was reconsidered, they found that the coach was not necessarily protected by governmental immunity and he could be sued for the runner’s injuries.

DANGERS OF TEXTING AND DRIVING

Serafini, Michalowski, Derkacz & Associates — Fri, 12 Feb 2016 05:00:00 GMT

Texting while driving continues to increase and is a very dangerous distraction. Texting while driving causes you to take your eyes off the road, your hands off of the wheel, and your mind off of driving. These three forms of distractions, whether individually or combined, can lead to a fatal accident. When texting or using your cell phone and driving combines all three distractions at one time, which makes it especially dangerous.

Michigan law prohibits texting while driving. Texting and driving, or any cell phone use, has become a very dangerous epidemic that causes accidents that result in serious or life-threatening injuries. These accidents occur every day.

If you or someone you know has been involved in an accident caused by a driver who was texting and driving, call SMDA Law today to learn your rights and let us give you the help you need.

What you should do when involved in an auto accident?

Serafini, Michalowski, Derkacz & Associates — Sat, 03 Oct 2015 04:00:00 GMT

Ok, It was bound to happen.
You have been in a car accident.
You felt OK right after the crash, but the next day your back and neck are really sore.
What to do??

Well, first and foremost go see your family doctor and follow their advice.

Whether you caused the accident or not, you are entitled to certain benefits from the insurance company. You need to contact the insurance company and complete a simple form called an application for no-fault benefits. These benefits are called 1st party or PIP (Personal Injury Protection) benefits. If you suffer an injury in a car accident you are eligible for these benefits no matter how the accident happened.

So, what are PIP or first party benefits?

Here are the basics you need to know. Michigan is a No-Fault Insurance state. As a result, your own insurance company pays your benefits whether or not you were at fault. First-Party benefits include things such as lifetime medical expenses, three years of wage loss (85% of your pre-accident wages), replacement services ($20 per day) and attendant care benefits.

If you are seeking damages for pain and suffering or non-economic benefits, you must file a third party case. These cases involve bringing a lawsuit against the at fault driver who is defended by their auto insurance company. Under Michigan law, the standard is to show a “serious impairment of body function.” (For a more in-depth discussion of this standard see the blog entry on 08/26/2010). In many cases, the individual may choose to file both types of cases.

The best way for to assess your rights in regards to either type of case is to speak to an attorney at SMDA Law with two convenient locations in Sterling Heights, MI or at our West Michigan location in Zeeland!

Understanding Replacement Services

Serafini, Michalowski, Derkacz & Associates — Fri, 21 Aug 2015 04:00:00 GMT

Michigan’s No-Fault Law entitles car accident victims to certain benefits. Among these benefits are “Replacement Services”. These are services that the injured person was able to perform for him/herself prior to the car accident. They typically involve household chores such as cooking, cleaning, taking out the garbage, mowing the law, etc.

If the injured person requires help with these services, the person who is helping is entitled to receive compensation for the services they provide on behalf of the injured victim. Anyone can provide these services, including family members or friends.

The service provider can receive up to $20 per day for three years from the accident date. Typically, the insurance companies require that the service provider document the tasks and chores that are performed. This can be done on monthly calendars that will be provided.

Injured in a bicycle accident?

Serafini, Michalowski, Derkacz & Associates — Fri, 24 Jul 2015 04:00:00 GMT

Bicyclist in Michigan are considered vehicles that have the same responsibilities and rights as other motorized vehicles on the road.

If you are a victim of a bicycle accident and were injured as a result of an accident with a car or motor vehicle such as a motorcycle, truck or bus, then you are entitled to certain rights. You are entitled to no-fault benefits such as reimbursement for medical bills, medical mileage, lost wages and for help with household chores. These benefits are paid by your auto insurance company. However, if you do not have auto insurance then you can file with the insurance company of a relative that resides with you or you can collect benefits from Michigan’s Assigned Claims Facility.

You may also file a lawsuit for the pain and suffering you suffered. The at-fault driver’s insurance company will compensate you for the injuries you suffered.

If you are a victim of a bicycle accident, contact SMDA to learn your rights and get the benefits you are entitled to.

How to find the right attorney for your auto accident case

Serafini, Michalowski, Derkacz & Associates — Fri, 10 Jul 2015 04:00:00 GMT

Aggressive litigation in no-fault cases is extremely critical to good resolution of claims. How do you find the right firm to take your no-fault case? It is important to find an attorney who not only understands the law but who will take the time to carefully understand your case and aggressively litigate it. Your personal protection benefits are a critical part of your claim. It is a very intricate part of the law. It is important that the firm you hire to protect you, knows how to get the most benefits available to you. Our firm specializes in the payment of no-fault benefits and protecting our clients rights. Our attorneys have decades of experience in helping injured persons obtain their no-fault benefits. We are not like the high volume personal injury firms that you may see on TV. We understand that victims of car accidents can be very vulnerable and most are unsure of their rights. For that reason, we do not treat our clients like just a case number. We spend time and thoroughly prepare for each case to ensure the best results for our clients.

If you are the victim of a car accident, call SMDA law firm in Sterling Heights to see how we can help you.

Motor Vehicle Accidents and Pre-existing Injuries.

Serafini, Michalowski, Derkacz & Associates — Fri, 12 Jun 2015 04:00:00 GMT

What happens when you are involved in a car accident and it affects an injury you had prior to the accident?

When a person is involved in a car accident it can cause the victim to suffer new injuries, but sometimes the accident can make a pre-existing injury worse. In other words, it “aggravates the pre-existing injury”. This is a very common situation. Even though there was a prior injury, the victim is still entitled to benefits for the increase of pain and suffering, and expenses related to the aggravation of that injury.

People may think that they are not entitled to benefits unless they sustain new injuries, however, you are entitled compensation for the aggravation of an old injury as well. If you have been involved in a car accident and have sustained new injuries, or if it made an old injury worse, call Serafini, Michalowski, Derkacz & Associates today to learn your rights and let us help you.

What happens when a Pedestrian is struck by an Uninsured Motorist?

Serafini, Michalowski, Derkacz & Associates — Fri, 05 Jun 2015 04:00:00 GMT

It is important to know that if you are a pedestrian and have been hit by an uninsured driver, even if you are not insured, you still can make a claim for no-fault PIP benefits.

The first thing you must do, is look to a relative that is residing in your household and who has a no-fault insurance policy. That insurance policy would be responsible for paying your PIP Benefits. If that is the case, you must contact that insurance company and fill out an application for PIP Benefits.

If you do not live with anyone who has such a policy you can apply to the Michigan Assigned Claims Facility who will assign an insurer to your claim. This is typically the last resort when there is a priority dispute among insurers.

What should you do after a car accident?

Serafini, Michalowski, Derkacz & Associates — Fri, 08 May 2015 04:00:00 GMT

When involved in a car accident, you might not be in pain right away. Some people feel the pain and soreness the day after, and if that is the case, you should see your primary care physician and follow their advice.

Also, you will need to contact your auto insurance company and fill out an application for benefits. This will let the insurance company know of the accident and it is a way for your to collect the benefits that you are entitled to. You are entitled to certain benefits (called PIP benefits) from the insurance company, regardless if you are at fault or not. PIP benefits include things such as lifetime medical expenses, wage loss for up to three years, attendant care benefits, and household replacement services.

In addition to these benefits, a third party law suit can also be filed against the at fault driver of the accident. This suit is if you are seeking damages for pain and suffering. The standard that one must prove is to show that there was a serious impairment of a body function as a result of the accident.

Dangers of Distracted Driving…..

Serafini, Michalowski, Derkacz & Associates — Fri, 27 Mar 2015 04:00:00 GMT

We know that talking on the phone while driving or texting while driving is distracting. But how distracting is it? According to Car and Driver Magazine, a huge distraction. In a short test they conducted they found that texting and talking on the phone while driving was actually more dangerous when it came to stopping distances than drunk driving. Other studies have come to the same conclusion. This is a staggering fact given that most of the laws in Michigan focus on drunk driving.

Payment of Attorney fees

Serafini, Michalowski, Derkacz & Associates — Fri, 13 Mar 2015 04:00:00 GMT

Our firm has been instrumental in convincing insurance companies to pay attorney fees as part of the total resolution of no fault claims. Recently, the firm has had many cases settle with the payment of attorney fees as part of the claim. While attorneys do not like to pay those fees, sometimes it becomes necessary because the exposure to such fees can be so high.

The law holds that if an insurer does not pay benefits within thirty days of receipt of reasonable proof, then they run the risk of being on the hook for the payment of attorney fees. This is especially true if the Jury finds that the refusal to pay or delay in payment was unreasonable and awards penalty interest.

The insurance company assumes the risk that the decision to terminate benefits or delay payment was reasonable. In fact, there is a presumption of unreasonableness for every delay made by an insurance company.

Preventing Auto Accidents, Part II, Summer Safety:

Serafini, Michalowski, Derkacz & Associates — Mon, 30 Jul 2012 04:00:00 GMT

The following are more practical ways to keep yourself and your family safe:

-NO TEXTING AND DRIVING:

Deadly distractions such as texting while driving are becoming increasingly more common. Texting is an intrigal part of our everyday life. However, is not a harmless action because you have to take your eyes off the road to text and traffic conditions can change very quickly. During that time, a vehicle can pull out in front of you: You may go through an intersection on a red-light: You may not be able to stop in time and rear-end the vehicle in front of you. The person you hurt may not be the other guy, it may be you and your family.

-CUTTING OFF SEMI TRUCKS:

Everytime there is heavy traffic, there always seems to be vehicles attempting to speed past the stopped traffic and pull into the gaps left by semi trucks, in order to try to get to where they are going faster. This is a deadly proposition since it takes a semi-truck much longer to stop then a car, SUV or pick-up truck. It is never a good decision to speed up and get in front of a semi truck and then slam on your brakes for the stopped traffic in front of you. Semi trucks weigh tens of thousands of pounds. Getting hit by a semi truck hauling 80,000 pounds at two to three miles per hour, delivers a significantly powerful blow. It is much different than getting hit by a battery powered toddler car going the same speed.

-DEFENSIVE DRIVING:

Always look ahead 12 seconds and adjust your speed according to what you see ahead. Always anticipate what could happen and slow down. As you approach blind intersections or areas where vehicles could be coming out from blind spots, slow down and wait until you can make sure it is clear. Never let another vehicle wave you into traffic, unless you can completely see where you are going. If another vehicle stops to let you in and is blocking your view, wave them on. Never ever proceed into traffic if you cannot see.

IF I AM INJURED IN AN AUTO ACCIDENT, WHO PAYS MY MEDICAL BILLS? (AUTO INS. vs. HEALTH INS.)

Serafini, Michalowski, Derkacz & Associates — Fri, 23 Mar 2012 04:00:00 GMT

This question can be very complicated. However, the simple answer is every person is entitled to have all medical bills paid for all reasonably necessary medical treatment arising out of injuries sustained in the auto accident. (exceptions are rare) Determining which company should pay first is not always an easy analysis. It involves a detailed information intake. Most auto insurance policies have coordinated medical plans. Simply put, this means your private health insurance plan pays first according to its rules. This company is most likely primary for the payment of your medical bills. Whatever is left is then paid by the auto insurance company.

If you are a named insured on either your private health or auto plan or you elected the coverage plans for either of your health or auto plans, you will have to follow your private health plan’s rules before the auto insurance company is responsible for paying your medical bills. If you have an HMO, it is important to stay within your network and get the necessary referrals to be eligible. There are some rare exceptions. If you have questions about this please call our office before handling these issues on your own.

If your private health insurance is Medicare/Medicaid, neither is primary and entitled to reimbursement for any conditional payments made pertaining to your auto accident related treatment. If your health insurance plan is a qualified ERISA plan, then it might also be entitled to reimbursement. If you have no health insurance, you are not barred from having the auto insurance pay for your medical bills. If you thought you had coordinated coverage with your private health insurance plan, but later find out you have uncoordinated coverage with your health plan, this fact alone will not bar you from first submitting medical bills for payment to your auto insurance for payment.

Even if you have no auto insurance or private health insurance, you will likely still be entitled to Michigan no-fault benefits in order to submit a claim to get your medical bills paid. The exceptions to this rule are extremely rare.

You only have one year to get any outstanding medical bill paid by an auto insurance company, so if you have questions about which insurance should be paying, which insurance company is primary or having trouble getting an auto insurance company to pay your no-fault benefits for any reason, please contact our office immediately. We specialize in the payment of no-fault benefits. -Suzanne M. Kalka

Motorcycle Helmets Save Lives in Motor Vehicle Accidents

Serafini, Michalowski, Derkacz & Associates — Mon, 22 Nov 2010 05:00:00 GMT

According to USA Today, motorcycle accidents are responsible for the deaths of 12 people every day in the United States. The leading cause of death in these accidents is not surprisingly head injuries. Although nearly every other type of traffic fatality has gone down, motorcycle fatalities have been on the rise for the last 11 years (with the exception of last year which experts attribute to the economy).

Although almost all states have helmet laws, only 20 states require them for all riders (Michigan included). Many states only require helmets for riders under 18. The National Transportation Safety Board (NTSB) is urging these states to enact more stringent helmet laws, requiring all riders to wear them.

Many enthusiasts disagree with NTSB and think that awareness and rider education are the solution rather than mandatory helmet laws. Whatever your view, it is clear that unfortunately many fatal motorcycle accidents occur each year and in a disproportionate amount. Although motorcycles only account for 3% of all traffic accidents, they represent 13% of all traffic accident fatalities.