Can i refuse deposition?
During an injury case from a car accident, is it required by law for the 2 parties to appear at deposition?
If I am the one being sued, can I refuse deposition, what are the options according to the law? Thank you so much for your help.
If you refuse, the plaintiff may move to strike your answer and enter a default judgment againt you. Because you failed to cooperate, your insurance company may refuse to provide you with coverage, which means that you will not have a lawyer to defend you. It is also possible that the plaintiff's attorney could seek redress from MVAIC (Motor Vehicle Accident Indemnifcation Corporation), which is a NYS government agency that provides coverage to injured people when the driver who caused the accident does not have insurance. If MVAIC settles with the plaintiff, they will then go after you for the amount of money they paid to settle the claim.
The auto insurance industry was created to ensure that people who pay their premiums and work with their insurance company can get on with their lives after an accident with minimal hassle.
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No, you can't refuse. If you do, the plaintiff's attorney can move for a default and most likely, your insurance company would then disclaim coverage which also means your attorney would withdraw from representation. That means you would have liability assessed against you with no lawyer and no insurance coverage.
That's if you refuse. If you have a legitimate reason for not testifying, your lawyer can bring a motion for the judge to issue a protective order, which could set conditions or limitations or directing interrogatories upon written questions. In 40 years of practice, though, I've never encountered it.
Asker
Thanks so much
Although there may be some circumstances in which you could refuse to be deposed, in general, the easy answer is no, you cannot refuse to attend a deposition pursuant to a lawsuit. The chances are that the deposition either is or will be court ordered. Your refusal to appear for a deposition could lead to court imposed sanctions, possibly including the striking of your answer, whcih could lead to you not being able to contest liability. Furthermore, failing to cooperate in the lawsuit could lead to your insurer disclaiming coverage, as you have a responsibility to cooperate with your insurer. I do not know why you do not want to attend the deposition, so I have no idea whether you have a legitimate reason not to attend. I presume you are represented by counsel; if you are, I strongly suggest you take this matter up with your attorney.
Please note that answers to questions are for general purposes only and do not...
Asker
Thank you, i will rethink
The deposition is generally mandated and can only be avoided if the adverse party agrees to waive your deposition, which rarely happens. Failure to appear at a court ordered deposition can result in your answer being stricken, i.e. you losing the case and it may trigger your own insurance coverage to disclaim coverage or seek payment directly from you for your failure to cooperate in your own defense.
This advice is given absent any attorney-client relationship and without any particulars having been reviewed. Only counsel who has intimate knowledge of the facts particular to your case can give you legal direction that you can rely upon.
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Thanks
Mr. Wilson is correct. In addition to losing the case, if you willfully refuse to participate in the defense, that may serve as a basis for your insurance company to disclaim coverage, leaving you personally on the hook for any money judgment that is ultimately entered.
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You have to appear and answer questions if you are a defendant in a lawsuit. If you fail to appear at the deposition, the court can strike your Answer and you would loose the case. Your insurance company should provide a lawyer for you and prepare you ahead of the deposition as to what is going to be asked.
Asker
I am referring to even if I have an attorney and refuse to appear at deposition.
Yes even if you have an attorney.
Asker
Thank you, I appreciate it