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Got call from P.I. working for defendant's atty. asking me for pictures of ex-husband (plaintiff) for insurance company.

Riverhead, NY |

Ex-husband has personal injury lawsuit against other car pending & got NoFault benefits for medical treatment for back injury & lost wages. I received a call from a private investigator working for defendant's lawyer & the insurance company who asked me if I "might have" pictures of my ex-husband doing things that he claimed he couldn't do in his claims. I suspect they want to file a S.J. motion & possibly look into fraud. I've got lots of pictures of him doing all kinds of stuff. Do I have to give them to the P.I.? Should he pay me for the pictures? Am I liable in any way for providing pictures that only I have, even though most of them were taken in public places? I haven't spoken to him yet, as he left a message on my voice mail. Advise please.

Attorney Answers 6

Posted

Let your conscience be your guide. This is not a legal question.

Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.

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Asker

Posted

I think I may have represented myself as a "caring" ex-spouse, which I'm not. My ex received money from NoFault, & filed a personal injury lawsuit in which he claimed that he couldn't do "almost all" of the things he could do before the MVA, which is a LIE. He rides his motorcycle, chops trees up with his chainsaw, lifts heavy weights at the gym, etc. My point was that I actually want to give them to the P.I. And, yes---my conscience would certainly be my guide in this. Insurance fraud should not be tolerated.

Posted

Why would you want to get involved. Let them do their own work. Karma... what goes around,, comes around. Since you don't know the specifics of the lawsuit, unless you are somehow involved, why help the insurance company. Do you really think a good investigator can't do this on their own. As the last lawyer pointed out, it is up to your conscience.

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Asker

Posted

I do know the specifics of the lawsuit---MVA, ex-husband claims back injuries & receives NoFault money, files personal injury lawsuit claiming he is "permanently injured", yet does all the things he claims he can't do, i.e., yard work, riding his motorcycle, working out at the gym lifting heavy weights, etc. While I do not like insurance companies, I also do not like insurance frauds. My insurance rates are sky high because of people like him & his low-life attorney. Why should he get any money for injuries that are bogus?

Michael J Palumbo

Michael J Palumbo

Posted

Because she's a drama queen Josh

Josh P Tolin

Josh P Tolin

Posted

you are so right. If you look she commented on all of our answers

Posted

You do not have to cooperate with them, and I wouldn't. Another lawyer said "let your conscious be your guide," but I do not believe that is the case. You may open yourself up to a liability suit upon allegations of what you gave them was a misrepresentation. You could be considered to have tortuously interfered and could open yourself up to a lawsuit. You are under no obligation to cooperate at all, so I think the best policy would be to mind your own business. Do not return their calls and if they show up at your door tell them you have nothing to say and shut the door on them. Politeness is unnecessary just tell them to leave. If you pick up your phone and it is them just tell them you are not going to speak with them and hang up. There is nothing in it for you to gain by helping them and a lot to potentially lose. So just stay away from it it's not your problem, so don't make it your problem.

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Asker

Posted

As I said above, I believe I represented myself as a "caring" ex, which I'm not. My ex collected NoFault money & filed a personal injury lawsuit under false pretenses. His "daily activities" were not affected---he still rides his motorcycle, does heavy yard work, lifts heavy weights at the gym, etc. I have tons of photos that are very incriminating for him & they are not a misrepresentation at all. There is no way the pictures could even be alleged to be a misrepresentation because they were taken in public places, not in the bedroom. He should not get any $$$ if there is nothing wrong with him, should he? Insurance fraud is a felony. His attorney is just as bad---he knows that there are no sequelae from the MVA, but he's just holding out for something. Cases like this are what drives up the cost of my insurance......

Michael J Palumbo

Michael J Palumbo

Posted

You are so into the drama, aren't you. If you know so much why did you reach out for advice. Do what you want.

Posted

They can subpena you and any photos. If they do that, both sides will have the opportunity to ask you questions and to see what you have. I dont know the law in your state, but if they ask about things that occurred or pictures taken while you were married, the marital privilege may apply. If you require they serve you with deposition subpena or record subpena, it will give the pltf the opportunity to quash the subpena if the marital privilege or some other basis exists tolegally to preclude this discovery. I would call the pltf atty and let him/her know what is going on. maybe he/she will file a motion for protective order.

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Posted

There is no marital privilege---pictures were taken when we weren't married. There are 2 co-defendants, & one filed a SJ motion already, so I'm guessing that's what it's for. They can ask me anything they want---I took the pictures, I know them to be true, I know exactly when they were taken, etc. Believe me, I'm not out to "protect" my ex, because his lawsuit is B.S. & he's just trying to get some money for nothing. However, without these pictures, the other defendant doesn't really have anything, & that defendant has the insurance company that the P.I called on behalf of, which leads me to believe that it's more than just a S.J. motion---that it may be a fraud investigation. I'm just not sure if I'm protected if I hand them over, although most of them were taken in public places, except for one taken in the backyard of my mother's house.

Posted

Insurance fraud is a crime, and it raises the cost of insurance for everyone. Do the right thing.

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Posted

The only pictures which may be relevant are those which were taken after the happening of the accident your ex-husband is suing about. You are not under an obligation to turn over any photographs unless they are subpoenaed and, even then, you could resist a subpoena. Depending upon your relationship with your ex-husband and whether or not children may be involved from your marriage, you should think long and hard as to what you wish to do here. If you are on a friendly relations with your ex-husband and wish to maintain that type of relationship, you may want to place a call to his personal injury attorney and advise the attorney about this inquiry.

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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within 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. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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