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Posts made in August, 2013

Failing To Ask Permission Before Settling Your Florida Car Accident Case Could Cost You Thousands | Orlando Accident Attorney

Posted by on Aug 28, 2013 in Motor vehicle accidents

Failing To Ask Permission Before Settling Your Florida Car Accident Case Could Cost You Thousands | Orlando Accident Attorney

I thought it would be worthwhile to share this post from Virginia accident attorney, Ben Glass.  Ben talks about having to break some bad news to a potential client after learning that she settled her underlying claim against the at-fault driver without seeking permission from her own insurance carrier.  By his estimate, the woman lost $100,000 by making this mistake. Florida law works very similarly, as it applies to settling car accident claims.  If you have Uninsured/Underinsured Motorist (UM) coverage on your automobile, and you have any inkling that you may need to make an Underinsured Motorist claim arising out of your car accident (i.e. if you think your overall damages might be more than the liability insurance the at-fault has), you must seek the permission of your automobile insurance company to resolve your claim.  Section 627.727, Florida Statutes, sets out the specific manner in which permission must be sought. If you don’t know, or forget, to seek permission from your UM carrier, and you sign a Release with the at-fault driver’s carrier, you will most likely forfeit your ability to make any UM claim.  In a situation like this one, Ben Glass is right — the least you can do is call an experienced Florida personal injury lawyer just to make sure you are not making a mistake. If you have any question after a Florida car accident, call Winter Park personal injury lawyers Kim Cullen and Robert Hemphill at 407-254-4901, or order a FREE copy of Kim’s book, Asleep At The Wheel:  13 Mistakes The Insurance Company Desperately Hopes You’ll Make After Your Florida Car Accident by clicking...

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Thorough Investigation Behind Florida DUI Crashes Can Yield Benefits | Orlando Accident Attorney

Posted by on Aug 27, 2013 in Motor vehicle accidents, Uncategorized

Thorough Investigation Behind Florida DUI Crashes Can Yield Benefits | Orlando Accident Attorney

I recently saw a story on InsuranceJournal.com about a family who is filing suit against a Montana bar after a mother and daughter were killed in a DUI car accident.  Apparently the drunk driver was visibly drunk when she was served drinks in a Montana bar shortly before the crash. This story highlights the importance for any DUI accident victims here in Florida to make sure that a thorough investigation is performed after the crash with an eye toward determining where the drunk driver became intoxicated, and under what circumstances. In Florida, a bar, nightclub, or restaurant can be held liable for providing alcohol to someone how shouldn’t have it.  This list of people would include underage drinkers, habitual alcoholics, and also people who are already visibly intoxicated. If a bar serves someone who is already fall-down drunk, slurring his or her speech, or exhibiting other signs of obvious drunkenness, the bar can be held liable for damages, in addition to the liability of the drunk driver.  In a crash involving catastrophic injuries, having additional sources to recover damages from can be key. Cases against bars and nightclubs can be very challenging, and perhaps intimidating for a layperson, as insurance companies often attempt to deny coverage from these kinds of “dram shop” losses. If you have a questions regarding a Florida car accident involving a drunk driver, or a Florida dram shop claim, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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Powerful Documentary Tells Stories Of Texting While Driving Victims | Orlando Accident Attorney

Posted by on Aug 26, 2013 in Motor vehicle accidents, Wrongful Death Claims

Powerful Documentary Tells Stories Of Texting While Driving Victims | Orlando Accident Attorney

“From One Second To The Next” is a very powerful short documentary film directed by award-winning filmmaker Werner Herzog. The film was produced by AT&T, as part of its “It Can Wait” public awareness campaign against texting while driving. As an Orlando accident attorney who has seen his fair share of distracted and texting while driving accidents, I thought the stories in the film would be sort of old hat for me. I was wrong. This film is very moving: I was particularly struck by the testimony of “Chandler”, a young father from rural Indiana who killed an entire family in a crash while he was texting with his wife. He said before this accident he always thought, “I can text and drive at the same time — it’s no big deal.” How many of us have thought this, too? Texting while driving is a big deal. If you have to text while you are on the go, by all means pull over, or wait until your vehicle is stopped. If you have any questions regarding a Florida car accident, whether it involves texting or distracted driving or not, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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