Can the lawyer of my UM / UIM auto insurance company depose witness?

Asked 10 months ago - Oakland, CA

The lawyer of my UM / UIM insurance company plans to depose witness, such as the driver who hit me, my doctors, etc?
Do the witnesses have to respond and show up for deposition, like in a formal discovery in a lawsuit?
There is no lawsuit as the UM/UIM insurance requires binding arbitration when there is disagreement.
The underlying lawsuit has been settled and dismissed.

Attorney answers (15)

  1. Wendy Marie Schenk

    Contributor Level 16

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    Answered . Discovery is the same in a UM/UIM case. Witnesses still have to appear for depositions, etc.

    ****This response is provided for general information purposes an is not intended as legal advice, nor does it create an attorney-client relationship.

  2. Robert Bruce Kopelson

    Contributor Level 20

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    Answered . Full discovery applies to um and uim cases. Depos are permitted. If witnesses fail to show, they can be sanctioned just as in a lawsuit.

  3. Philip Anthony Fabiano

    Contributor Level 20

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    Answered . Yes

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you... more
  4. Jason Todd Studinski

    Contributor Level 20

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    Answered . Generally, yes.

  5. Albert Lee Crosner

    Contributor Level 18

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    Answered . This does seem a bit strange. I would talk to the lawyer of your UM/UIM insurance company and ask him why this is happening. If necessary, you might want to talk to a local area personal injury attorney to discuss this more thoroughly.

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The... more
  6. John M O'Brien

    Pro

    Contributor Level 19

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    Answered . Yes, you should ask your lawyer for more information

  7. C. Donald Briggs III

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    Answered . In arbitration cases, there can be depositions. Ask your lawyer for additional information about this.

  8. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . Sure

  9. Christopher John Gansen

    Pro

    Contributor Level 18

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    Answered . yes.

  10. Samuel Cohen

    Contributor Level 20

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    Answered . Based upon your questions it is clear you need to retain counsel to protect your rights.

    We can be reached at 215-545-2201. Our firm has lawyers licensed to practice in Pennsylvania and New Jersey and in... more
  11. Maryam Parman

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    Contributor Level 15

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    Answered . Since you are pursuing a claim under UM/UIM, the carrier's attorney is entitled to depose witnesses and conduct discovery.

  12. Thomas Edwin Martin

    Contributor Level 12

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    Answered . Yes. Deposition subpoenas have the same effect in a UM/UIM case as in litigation. And they can take your deposition too.

  13. Wendy Ha Chau

    Contributor Level 13

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    Answered . A claim of UIM is still a claim no matter how you look at it. That is weird! Discovery doesn't happen until after you serve the defendant. CCP 2025.210(a): "The defendant may serve a deposition notice without leave of court at any time after that defendant has been served or has appeared in the action, whichever occurs first." So, when discovery starts, it depends on whether you are the plaintiff or defendant. Plaintiff can serve written discovery as early as ten days after the defendant has been served with the summons or has appeared in the case, whichever occurs first. Defendant can serve written discovery or deposition notice at any time. For plaintiff, a deposition notice must wait 20 days. There are some exceptions, but these are the general rules. You can find all the specifics beginning at section 2016 of the Code of Civil Procedure. http://www.leginfo.ca.gov/cgi-bin/displaycode?s...

    Generally, defendant will wait until the lawsuit is underway and discovery has begun. However, early depositions can be used to catch the opponent off guard and unprepared. The normal course is to wait for written discovery to be served and answered, which will provide you with the facts and documents necessary to prepare thoroughly for the complete questioning of the witness.

    I hope this helps. Goodluck!

    *Disclaimer: This response does not create an attorney-client relationship between you and I. I am not your lawyer... more
  14. David A. Papa

    Contributor Level 16

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    Answered . yes

  15. Roger Stone Reynolds

    Pro

    Contributor Level 12

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    Answered . Yes, the attorney can subpoena witnesses to testify at deposition just like in a third party case.

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