I am the plaintiff in an injury suit; is defense counsel entitlted to my recorded statement given to my auto insurance company?

Asked about 4 years ago - Los Angeles, CA

I gave a recorded statement to my insurance company but not to the defendant's company. Is the Defense Attorney entitled to a copy of my statement about the accident made to my insurance company? I asked my insurance company for a copy of the statement. At first my insurance company said I didn't give one, then said they would send it to me. I received a blank CD with nothing on it. Should I continue to nag my insurance company?

Attorney answers (3)

  1. Adam David Sorrells

    Contributor Level 13

    Answered . The other contributors have provided good advice, and I will not repeat it here. I will just add that even evidence which may be privileged can be produced if the privilege is waived. So, for example, if there is a production of document request for the statement, and you do not timely and properly object, you may waive the privilege. If you do not have an attorney, get one quick.

    Adam Sorrells
    Chico, CA

    Disclaimer: The following was not legal advice, and cannot be relied on. For informational purposes only. Time is of the essence, do not delay.

  2. Michael John Tario

    Pro

    Contributor Level 8

    Answered . I assume you have not hired an attorney to represent you on your injury case or you would not be asking this question. If you are a plaintiff on an injury "suit" you should be very carefull about not knowing the law concerning important aspects of your case. What issue will come up next? Under many circumstances your statement may not be discoverable under certain rules of evidence. Also, there may be a statute or court rule in your jurisdiction that addresses this issue. If you do not have a copy of your statement you might not be obligated to get it. The defense can always attempt to get it thru normal discovery proceedings. Normally, you should always make sure you have a copy of any recorded statement that you gave to ANYONE. Either you need to get very educated on how to represent yourself on your PI case (which I think would not be in your best interests) or, you should hire a good personal injury attorney and stop using this website to get legal advice. Things will only get more involved on your case as time goes on. You can damage your case by trying to do it yourself. Not every injured person needs to hire an attorney in every case, but 95% of the time a good personal injury attorney is the only way to make sure you have the best chance of success in getting fair compensation for your injury.

  3. Nima Taradji

    Contributor Level 16

    Answered . I am not sure I see the connection here. You gave a recorded statement to your own insurance company and now you are wondering whether the defense is entitled to the recording? In Illinois, statements given to one's own insurance company is privileged and are not discoverable and so none of it will be produced to the defendant's insurance company. Generally, you are entitled to a copy of the statement you have given to your own insurance company and it appears that they are willing to give a copy to you but are experiencing technical difficulties. If you want a copy, keep asking for it.

    If the other side's insurance adjuster ask you for a copy of the statement, If you were in Illinois, I would advise you to tell them to take a hike! In fact, I wrote a blog entry on this subject a few days ago and you can view it here: http://personalinjuryattorneyz.com/why-you-shou...

    I hope this helps-

    Nima Taradji
    http://personalinjuryattorneyz.com

    Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information and for entertainment purposes and is only for issues arising under Illinois Law. This answer does not create an attorney-client relationship. It is always advisable to contact an attorney directly to find answers based on the facts unique to your case.

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