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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

  1. 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.

  2. 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.

  3. 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.

  4. 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.

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

  6. 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.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    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.

    This ans. does not create an attorney/client relationship.

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