Car Accident

December 9 2024

How to Report a Drunk Driver: A Step-by-Step Guide

Drunk driving remains a leading cause of fatal car accidents in the United States, claiming thousands of lives annually. These preventable tragedies highlight the importance of taking action when you suspect someone is driving under the influence. Reporting a drunk driver could prevent a collision, save lives, and hold irresponsible drivers accountable.

Your drunk driving car accident lawyer, Matthew R. Boren, Attorney at Law explains how to safely observe, document, and report suspected drunk drivers, focusing on Florida’s reporting procedures. By understanding what to do and how to act, you can make a meaningful difference in road safety.

Orange County – Motor Vehicle Collision

Plaintiff, driving his personal vehicle, was hit in the passenger side by another driver operating a large pickup truck who ran a stop sign at approximately 45 miles per hour. Plaintiff’s vehicle sustained approximately $12,000.00 in property damage. Plaintiff was taken by ambulance to Advent Health Altamonte Springs Plaintiff sustained multiple compression fractures of his cervical spine. Plaintiff had 3 surgeries over a course of two years.

Case Outcome

A settlement was reached with the at-fault driver and the owner of the vehicle totaling $3,785,000.00.

Steps to Safely Observe and Document

When you encounter a suspected drunk driver, safety should always come first. Observing and documenting details without putting yourself or others at risk is essential. Here’s how you can do it as effectively as possible:

Take Note of the Vehicle’s Description

Identify the car’s make, model, and color. Additional features like bumper stickers or damage can help law enforcement locate the vehicle.

Write Down the License Plate Number

A full or partial license plate number can be critical for identifying the driver. Record it accurately if possible.

Document Erratic Behavior

Look for signs like weaving between lanes, abrupt stops, excessive speeding, or ignoring traffic signals. These behaviors are often clear indicators of impairment.

How to Report in Florida

Florida residents have several options for reporting suspected drunk drivers. Knowing which resource to use depending on the situation ensures a timely response:

Call 911 for Immediate Danger

If you believe the driver poses an immediate threat to others, dial 911. Be prepared to share all the information you have gathered.

Use Non-Emergency Hotlines

For less urgent situations, contact local non-emergency numbers. Some Florida counties offer designated hotlines for impaired driver reports.

Report Through Traffic Apps

Certain apps, like Waze, allow users to report erratic drivers. However, these tools should complement, not replace direct reporting to authorities.

What Information to Provide to Dispatchers

When you call 911 or a non-emergency hotline, such as *FHP(347) according to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), providing accurate and concise information helps dispatchers assess the situation. Share these details:

Your Location

Give the specific street or intersection where you observed the driver. Include landmarks if possible.

Vehicle and Driver Description

Describe the car’s appearance and any noticeable traits of the driver, such as age, gender, or erratic movements.

Observed Behavior

Specify actions like swerving, excessive braking, or speeding. These observations justify your concern and prompt quicker intervention. Clear communication ensures authorities understand the urgency and act accordingly.

Safety Tips for Reporting

While reporting a suspected drunk driver is a responsible action, your safety must remain a top priority. Follow these guidelines:

Do not attempt to stop the driver – Confronting or trying to block the driver can escalate the situation and put you in harm’s way.
Maintain a safe distance – Keep your vehicle at a safe distance to avoid accidents if the driver loses control.
Focus on driving safely – While observing the suspect, continue to follow traffic rules and remain focused on your own driving.

Drunk Driving Accident FAQ

Can I report a drunk driver anonymously?

Yes, most law enforcement agencies accept anonymous tips. However, providing your contact details can be helpful if additional information is needed.

What happens after I report a drunk driver?

Authorities will attempt to locate the vehicle and assess the situation. If the driver is found to be impaired, they could face arrest and DUI charges.

Do I need to follow the driver?

No, never follow or pursue a suspected drunk driver. Share your observations with law enforcement and allow them to handle the situation.

What if I’m unsure the driver is drunk?

Even if you are uncertain, it’s better to report suspicious behavior. Trained professionals will evaluate the driver’s condition.

Speak With an Experienced DUI Accident Attorney for Help Today

Reporting a drunk driver can save lives, but when accidents happen, victims often face life-altering challenges. If you or a loved one has been injured in a DUI-related crash, you may be entitled to compensation for medical expenses, lost income, and emotional trauma. Having a knowledgeable personal injury attorney by your side can make all the difference in navigating the complexities of your claim and holding negligent parties accountable.

Matthew R. Boren, Attorney at Law, has years of experience fighting for justice on behalf of accident victims across Florida. We understand the physical, emotional, and financial toll these accidents take, and we are here to provide the guidance you need. Contact us by phone or through our convenient contact form to schedule your no-cost, risk-free consultation as soon as today.

what to do after a car accident not your fault

December 9 2024

What to Do After a Car Accident That’s Not Your Fault

Jane Car Accident

Car accidents can be disorienting, especially when you are not the one at fault. In the aftermath, you may find yourself juggling medical bills, vehicle repairs, and insurance claims, all while trying to heal physically and emotionally. Knowing your rights and taking the proper steps can make a significant difference in protecting your financial stability and legal interests.

If you have been in an accident caused by someone else’s negligence, it is essential to act quickly and thoughtfully. Below, your car accident lawyer, Matthew R. Boren, Attorney at Law, discusses the critical steps you should take to safeguard your rights and secure fair compensation. Here’s what you need to know to navigate this challenging time with confidence.

Immediate Steps at the Scene

The moments immediately following an accident are critical for your safety and your potential case. Taking the right actions can lay the groundwork for a smoother claims process.

Ensure Safety First

After a collision, check yourself and others for injuries. If it is safe to do so, move your vehicle to the side of the road to prevent additional accidents. Turn on your hazard lights to alert other drivers. If you or anyone else is seriously injured, avoid moving and wait for emergency responders.

Call 911

Contacting the authorities is essential, even if the accident seems minor. A police report is a key piece of evidence when determining fault. Emergency medical services can assess injuries on the scene, providing documentation that may be crucial for your insurance claim or legal case.

Be Careful With Your Words

While speaking with other parties or law enforcement, stick to the facts. Avoid admitting fault or making speculative statements about what happened. Simply provide the necessary information and let the investigation determine fault.

Documenting the Accident

Collecting thorough documentation is essential for proving your case. The more evidence you have, the stronger your position will be when negotiating with insurers or pursuing legal action.

Take Photos and Videos

Capture detailed images of the accident scene, including damage to all vehicles, road conditions, and any visible injuries. Video footage can also help provide a clearer picture of the incident. Don’t forget to document skid marks, traffic signs, and any other relevant details.

Gather Witness Information

If there are witnesses to the accident, ask for their contact information and a brief statement of what they observed. Witness testimony can be a powerful tool in establishing fault.

Obtain the Police Report

A police report often serves as an impartial account of the accident. Request a copy as soon as it becomes available, as it can support your version of events during insurance negotiations or in court.

Medical Evaluation and Keeping Records

Even if you feel fine immediately after the accident, it is crucial to seek a medical evaluation. Some injuries, like whiplash or internal damage, may not present symptoms right away.

See a Doctor Immediately

A prompt medical evaluation can detect hidden injuries and establish a direct link between the accident and your condition. This documentation is invaluable for insurance claims and legal cases.

Follow All Treatment Plans

Adhering to your doctor’s recommendations not only aids in your recovery but also strengthens your case. Insurance companies may use gaps in treatment as a reason to minimize your claim.

Keep Detailed Medical Records

Maintain a file with all medical bills, diagnoses, prescriptions, and treatment plans. These documents are essential for calculating your damages and proving the extent of your injuries.

Notifying Your Insurance Company and the At-Fault Driver’s Insurer

While you didn’t cause the accident, your involvement with insurance companies is unavoidable. Proper communication can ensure your claim is handled fairly.

Notify Your Insurance Company Promptly

Even if you are not at fault, you must inform your insurance provider about the accident. Most policies require prompt reporting to remain valid. Provide them with the information you gathered but avoid speculative statements.

Contact the At-Fault Driver’s Insurer

If you plan to file a claim with the at-fault driver’s insurance, reach out to them with the details of the accident. Be cautious when speaking with their representatives, as they may attempt to minimize your claim. Your truck accident attorney can handle these communications on your behalf.

Review Your Policy Coverage

Check your own policy for uninsured/underinsured motorist coverage or medical payment coverage that could supplement your claim if the at-fault driver’s insurance is insufficient.

Car Accident FAQ

How long do I have to file a claim after a car accident?

In Florida, the statute of limitations for personal injury claims is generally two years from the date of the accident per Florida Statutes 95.11(5).

Will my insurance rates go up if the accident wasn’t my fault?

Your insurance rates should not increase if you were not at fault, but it is always a good idea to confirm this with your provider.

What if the at-fault driver is uninsured?

If the at-fault driver does not have insurance, you can file a claim under your uninsured motorist coverage, provided your policy includes it.

Protect Your Rights After a Car Accident

Car accidents are challenging, but knowing what to do can make a significant difference in your recovery and financial stability. By taking immediate action, documenting the incident thoroughly, and seeking medical attention, you set yourself up for success in the claims process.

When the complexities of insurance claims and legal proceedings feel overwhelming, Matthew R. Boren, Attorney at Law, is here to help. With extensive experience advocating for car accident victims, our firm is dedicated to protecting your rights and securing the compensation you deserve. Contact us today for a free, no-obligation consultation when you are ready to take back control of your future.

September 6 2024

How To Handle Your Vehicle Repair Claim:

Matthew Boren Car Accident

Step 1: How Is The At-Fault Party Determined In Florida?

A simple rear end accident is usually a pretty clear liability case. Conversely, cases such as sudden lane changes on the interstate or accidents at controlled intersections can be more difficult to prove liability. If the liability is clear then the insurance company for the at-fault party will usually pay your vehicle repairs, towing and rental charges. If the liability is not clear OR the at-fault person does not have insurance then you may need to use your own insurance so that you can get your repairs done immediately. You can only use your own insurance for your vehicle repairs if you have “Collision” coverage and you will likely have to pay your deductible.

Step 2: Do I Use my Insurance or the Other Party’s Insurance?

If you are not at fault, it is generally best to use the at-fault insurance coverage. If they do not have sufficient coverage or liability is not clear, then you have the option to use your own insurance to fix your vehicle as long as your carry collision coverage. It is not always an easy decision to decide if you want to use the at-fault insurance or your own insurance coverage.

Sometimes the property damages exceed the insurance limit for the at-fault party. The Florida minimum is $10,000.00 in property damage coverage. Therefore if the repairs, towing and rental do not exceed $10,000.00 usually the at-fault insurance coverage is sufficient to pay the claims. If the claim exceeds this amount, and the at-fault party only carries the minimum, then you may need to consider using your insurance so you can receive the full amount of the claim.

Example #1: Your brand new SUV worth $30,000.00 is totaled. The at-fault party carries only $10,000.00 in property damage coverage. In this case you will need to use your insurance because the at-fault party doesn’t have enough coverage.
Example #2: Your brand new SUV worth $30,000.00 is totaled. The at-fault party carries $50,000.00 in property damage coverage. You should have no problem using the at-fault party insurance because his insurance limits are enough to fully cover your vehicle.
Example #3: Your brand new SUV worth $30,000.00 is totaled and your vehicle was pushed into another car whose vehicle is also totaled. The at-fault party carries $50,000.00 in property damage coverage. Your damages are $30,000.00 and their damage is $30,000.00. The combined damage of $60,000.00 exceeds his coverage so you should use your own coverage.
Example #4: Your brand new SUV worth $30,000.00 is totaled. The at-fault party carries $10,000.00 in property damage coverage. You do not have collision coverage on your policy. You have no choice but to use his insurance for vehicle damages because your policy doesn’t have collision coverage (hint: always have collision coverage unless your vehicle is worth very little AND you can afford to completely replace it). You won’t be able to recover the full amount of your vehicle damages.
Example #5: Your brand new SUV worth $30,000.00 is totaled. The at-fault party does not have any insurance coverage. You HAVE collision coverage on your policy. You have no choice but to use your insurance for vehicle damages and you will have to pay your deductible.
Example #6: Your brand new SUV worth $30,000.00 is totaled. The at-fault party does not have any insurance coverage. You do NOT have collision coverage on your policy. This is very bad.

Your car will not be reimbursed by any insurance company. You have the right to sue the at-
fault driver personally but may have difficultly recovering your damages (hint: always have collision coverage unless your vehicle is worth very little AND you can afford to completely replace it).

Step 3: What does the insurance company cover?

The at-fault insurance is required to pay the reasonable cost for repairs or if the car is totaled (not fixable) they will be required to pay the actual cash value of the vehicle. They also must pay for a rental car while your vehicle is not available for use or reimburse you for the loss of use of your vehicle. If your vehicle is repaired and the value of the car is reduced after the accident, you can make a claim for this loss of value (diminution in value). If you use your own insurance, what the insurance will pay depends on what type of coverage you have. You also have to pay your deductible initially.

If you have rental car coverage they will pay according to the coverage you have (sometimes a daily rate maximum or a total maximum), but if you do not have rental coverage then they are not required to pay for your rental. If you go through your own insurance company but are not at-fault, your insurance company will try to obtain your deductible back through a process called subrogation. It can take several weeks or months. But generally if you are not at-fault and the other insurance company has sufficient coverage, you will be reimbursed for your deductible.

Step 4: How Do I Choose a Body Shop After a Car Accident?

You have the right to use your repair shop of choice. They at-fault insurance company must provide a rental or reimburse you for the rental expenses that you have to pay. They do not cover fuel, tolls or additional insurance on the vehicle. They will also only cover the rental for a reasonable amount of time to fix the vehicle, so make sure that the repair shop completes the repairs timely. Insurance companies often have preferred shops they will suggest that you use. You are not required to use their preferred shop. Sometimes that is not a bad option if it is a reputable because if there is a problem with repairs they will usually guarantee the repairs and the rental. Regardless it is very important to use a professional and reputable body shop who will be able to get the repairs done quickly.

Step 5: Who Pays For My Rental Car After An Accident?

The at-fault insurance company is responsible for a rental or loss of use. The insurance is required to provide you a similar vehicle to your own, usually based on vehicle size, type and capacity. If you have a 7 seat large SUV they are required to provide you a similar large SUV. Many times an insurance company will try to put you in an economy rental and if your damaged vehicle was a luxury vehicle, pickup truck or large SUV then you deserve more than an economy rental. Some insurance companies do not provide rental but instead provide loss of use. This is legal. In the alternative, they must provide you compensation for a rental.

Insurance companies often try to pay you a base or economy rate for loss of use. In this situation I like to show them the actual cost of a rental during that time period for a vehicle of similar size. Additionally, if you are without your car for some time before they provide a rental, then you get loss of use for that time you didn’t have a car. If it took the insurance company a week to investigate and finalize liability then they still owe you loss of use for that week even if they started paying the rental after that time. Florida law is clear that you are entitled to damages for loss of use of a motor vehicle even though a substitute vehicle was not rented. Only the price of the rental is covered and not fuel, tolls or additional insurance on the vehicle.

Your own insurance will usually cover you while you are in the rental as this vehicle is considered a “temporary replacement vehicle”. You are not required to purchase the additional rental insurance offered by the rental company, but this is your option. You are responsible for the rental vehicle when it is in your custody, so if somebody backs in to you in a parking lot and takes off the rental car will charge you for the damage. The insurance will pay for rental/loss of use for a reasonable repair period, or in a total loss situation, until the date you receive the total loss check. If the body shop takes twice as long as to repair the vehicle as they should have or if you don’t timely complete the total loss paperwork the insurance can try to not pay you rental or loss of use for this additional time.

Step 6: What If My Car is Deemed a Total Loss?

A total loss is when the cost to repair your vehicle exceeds 80% of the value of the vehicle. In this case, the insurance company owes you the actual cash value of the vehicle plus sales tax and tag transfer. The condition of your vehicle including mileage affects the actual cash value of the vehicle. Depending on the insurance company, the actual cash value can vary significantly. You need to do your own research on the value of your car and make sure you are being offered fair value by the insurance company. In a total loss the insurance will typically only cover the rental for a few days after the total loss paperwork is complete and you have the check.

They do not have to pay until you are able to buy another car. If your vehicle is being totaled it is a good idea to start shopping for a car quickly because the rental will not be available indefinitely. Once your vehicle is totaled it is very difficult to obtain a title for this vehicle ever again. Please think twice about trying to keep a vehicle and get it fixed yourself after being totaled. This is very difficult and I never recommend anyone trying to do this because it is possible they vehicle will never pass inspection.

Step 7: What Does Diminution In Value Mean?

This is the diminished value of a vehicle after repairs. Generally, this claim is only made when extensive damages are done to the vehicle OR it is a very expensive vehicle that even a small repair can reduce value. These are difficult claims and insurance companies are very tough to negotiate with on these claims. You need to have documentation about how your vehicle has been reduced in value since the property damage repairs and submit this to the insurance company. It is rare that even a substantial accident devalues a car more than 10 to 20% of the overall value unless the vehicle is extremely rare.

Step 8: Do I Have To Give a Statement To My Insurance?

Be vary careful when reporting a loss to any insurance company, including your own, especially if they request a recorded statement. These facts can be used against you later. If you are injured you need to be especially careful in reporting a loss because it can affect not only your property damage but also your injury claim. Insurance companies may try to contact you very early to obtain a statement from you about what happened and may catch you off guard. They will also tell you they “need” to have a statement when many times you aren’t legally required to give a statement.

Step 9: How Do I Decrease Stress After a Car Accident?

Property damage can be a very difficult process. You are stressed from the accident, you don’t have a vehicle and you need to go to work or pickup your children. Even for someone with experience in property damage claims they are not easy. Insurance companies are always trying to find a way to save money off the claim by paying you less for repairs, less value for total loss, not providing a similar rental vehicle, using old parts and trying not to replace necessary parts. Knowing exactly what an insurance company is legally required to pay is important in making sure you get the full value for your claim.

For support during this challenging time, consult an Altamonte Springs car accident lawyer who can guide you through the process and help you fight for fair compensation.

Step 10: Can Matthew Boren Help Me?

Even for a trained and experienced professional, handling property damage claims is frustrating and exhausting. Many times I have to call supervisors of insurance companies because the handling adjuster just will not pay what they should. Sometimes insurance adjusters don’t know the law and sometimes they purposely ignore it. It is a fight for every single dollar sometimes.

If you need help with this process, feel free to reach out to my office with the form below. We will be in touch with you shortly. We understand that time is of the essence with property damage claims and will do our best to reach out to you as soon as possible. A consultation is free and I can usually help you with just a few minutes of advice. If you fill out the form completely and give me exact details it will help me respond to you timely and accurately.

September 6 2024

Getting a Crash Report

Matthew Boren Car Accident

Obtaining a crash report in Altamonte Springs, FL is one of the first steps to establish liability and to get an insurance company to provide you a rental car and pay for your vehicle damages. It will also give you the information to identify how much bodily injury coverage is available in a personal injury case which is extremely important. The crash report will identify the insurance company and policy number for the at-fault party and which you may not have if you did not receive a driver exchange of information from the investigating officer.

Additionally, often an insurance company will require the crash report for their liability investigation which they must complete prior to paying any of your towing expenses, rental car expenses and vehicle repairs. It can also help identify other parties and other insurance policies than can reimburse you for your losses. Getting a crash report is often the very first thing I do when I help clients pursue their property damage and their personal injury claims.

Crash reports are only available to certain persons (parties involved in the accident, their Altamonte Springs car accident attorneys, the parties’ insurance companies, etc.) and not to the general public for 60 days. After this time they are usually available to the public.

Crash reports usually cost between $2.00 to $14.00 depending on the agency and the length of the report. Some crash reports are available online and some must be requested directly to the law enforcement agency. Most reports are available by mail and can also be picked up in person to speed up the process.

Where to Request Crash Reports in and Around Altamonte Springs

This headline clearly indicates the content and provides a geographic focus for readers looking to obtain crash reports.

1) Altamonte Springs Police Department

Location: 225 Newburyport Ave, Altamonte Springs, FL 32701
Website: Altamonte Springs Police Department Crash Reports
Request Process: You can request crash reports in person at the police department or through their online portal. Be prepared to provide details like the date, location, and parties involved in the crash. You may need to wait a few days after the crash for the report to be available.

2) Seminole County Sheriff’s Office

Location: 100 Eslinger Way, Sanford, FL 32773
Website: Seminole County Sheriff’s Office Records
Request Process: Crash reports can be obtained in person, by mail, or online. Reports may take up to 10 days to be available, and you will need to provide specific information such as case numbers or accident details.

3) Florida Highway Patrol (Orlando Office)

Location: 133 South Semoran Boulevard, Orlando, FL 32807
Website: Florida Highway Patrol Crash Reports
Request Process: Reports can be requested online via the Florida Highway Safety and Motor Vehicles (FLHSMV) portal. You’ll need the crash date, location, and driver details. You may also visit the Orlando FHP office for in-person requests.

4) Orlando Police Department

Location: 1250 W South St, Orlando, FL 32805
Website: Orlando Police Department Crash Reports
Request Process: The Orlando Police Department allows crash report requests in person or online. Reports are usually available 7 to 10 days after the incident. You will need to provide identification and case-specific details to obtain a report.

For more detailed information on the request process and eligibility, you can refer to the official websites of the agencies listed above.