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

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

Posted

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.

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Posted

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

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Posted

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 response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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Posted

Yes

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Posted

Generally, yes.

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Posted

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.

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Posted

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 the Federal Courts of those states. The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

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19 lawyers agree

Posted

Yes, you should ask your lawyer for more information

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Posted

Sure

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Posted

yes.

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18 lawyers agree

Posted

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

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15 lawyers agree

Posted

yes

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Posted

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?section=ccp&group=02001-03000&file=2025.210-2025.290

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 and I am not representing you in the underlying issue stated in your question. The response I have offered is not intended to be relied upon, you should seek out an attorney to assist in this matter. You may contact me directly at (415) 362-6765 ext.120; website: www.wc-advocateforjustice.com. (Attorney for Law Offices of William E. Weiss)

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4 comments

Wendy Ha Chau

Wendy Ha Chau

Posted

I know the insurance company can take a record statement of the claimant (of course, usually your attorney need to be there, but not an actual deposition... this is not normal.

Wendy Ha Chau

Wendy Ha Chau

Posted

I know the insurance company can take a recorded statement of the claimant (of course, usually your attorney need to be there, but not an actual deposition... this is not normal.

Wendy Ha Chau

Wendy Ha Chau

Posted

Wait, you said there was already a lawsuit? If so discovery/deposition can commence. See CCP Rule 2016 et al.

Asker

Posted

Yes. The underlying lawsuit has been settled and dismissed.

Posted

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

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11 lawyers agree

Posted

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

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