by Guest » Sun Nov 09, 2008 04:33 am
Hi, I have a simple question about a lawsuit i'm involved in. I was in an auto accident a few months ago that was my fault. I thought it would be settled by now, but the other party wants a little more $$ than the original settlement. I'm now required to fill out this long interrogatory form. I don't have a problem with that. My question is it also demands that I submit my cell phone report, & they could argue that it was because i had been on my phone off & on that day, although there were other factors that influenced it a lot more than a phone conversation. Although it's not illegal in my state (i also use a headset), why do they need this information, & could it be used against me? It was a simple collision involving a light (simple as in only involving 2 vehicles). The accident was bad enough to barely total our vehicles (only because mine wasn't worth repairing), but not catastrophic & both parties walked away with minor injuries. My insurance company is still handling it. Do I have anything to worry about, or any other insight? Thanks!
Posted: Sun Nov 09, 2008 05:36 am Post Subject:
They are looking to see if you were using your phone at the time of the accident. If you were not, I'd not be concerned about it.
No way of telling if you should worry. Any indication that the loss cannot be settled for your policy limits?
Posted: Sun Nov 09, 2008 11:01 am Post Subject:
Do not give them anything without talking to the attorney your ins company had handling this....in fact do not ever do anything without this attorney telling you it's ok to do...he/she should also want to look over the questions and know what your answers are prior to putting them on the form.
Posted: Fri Nov 14, 2008 01:38 pm Post Subject: Agreed
Excellent, Lori! If you're involved in a 'law'suit, then it's best to talk to a 'law'yer. We can do our best and say, 'don't give em anything' or 'you weren't talking on the phone so what do you have to worry about', but we don't have all the facts of the case, nor do we know the direction your attorney wants to take. It's a game, I know, but you still want to win.
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