Legal Question in Personal Injury in Florida

How may i obtain cell phone number and calls from a particul;ar individual invol

I was involved in an accident in which a automobile hit a bicycle. The auto was charged with carless driving. I think the individual was on the cell phone when the accident occured. I would like to get her cell phone number and a log showing if she was on the phone from her cell phone company. I only have her address and home phone number and have no idea what cell phone company she has her service with. I would like this information so i may have additional amunition to use against her insurance company. I do not have an attorney at this time and am trying to handle this accident without the aid of a legal advisor.


Asked on 9/04/01, 2:57 pm

4 Answers from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: How may i obtain cell phone number and calls from a particul;ar individual i

It appears you were the driver of the automobile that struck the bike rider. If you have insurance, immediately notify your insurance carrier so the carrier can appoint defense attorneys to represent your interests. In order to get the cell phone records you seek, a lawsuit will have to be filed, discovery methods will be undertaken by your lawyers, and a subpoena will be sent to the cell phone company once the lawyers discover the identity of the company and the correct cell phone number.

Investigators can sometimes obtain these types of records even if no lawsuit arises. Regardless, you need an attorney and if you're insured at the time of the accident, the insurance company should appoint one on your behalf. Good luck.

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Answered on 10/25/01, 11:06 am
Michael Tobin Michael M. Tobin, P.A.

Re: How may i obtain cell phone number and calls from a particul;ar individual i

You may hire an investigator to obtain the number and he may be able to surreptitiously obtain the record rather than awaiting a lawsuit where you can properly subpoena the records. I would not recommend that questionable procedure. It is not illegal to drive using a cell phone. More important is having a reporter at traffic court to record his sworn testimony, find out his policy limits and assets, and to monitor and document your injuries. Personal injury cases are far too complicated to be handled by an amatuer or to explain all the facets in one paragraph.

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Answered on 10/25/01, 1:20 pm
Elliot Goldstein Law Offices of Elliot Jay Goldstein

Re: How may i obtain cell phone number and calls from a particul;ar individual i

First you will have to file a lawsuit. Next, serve the driver with interrogatories and a request for production. Specifically address the cell phone issue. Once the company and telephone number is provided, then subpoena the telephone company's records.

You should schedule a formal consultation with a lawyer. A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association. They probably have a web site and charge a nominal fee for the referral. Most attorneys either provide a free initial consultation, or charge a nominal fee.

Good Luck, Elliot Jay Goldstein (Attorney with offices in Tampa and St. Petersburg)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this information. Seek a formal consultation with an attorney.

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Answered on 10/24/01, 7:24 pm
Anthony Comparetto Comparetto Law Firm

Re: How may i obtain cell phone number and calls from a particul;ar individual i

After retaining an attorney a accident investigator will normally investigate and obtain necessary information. A.J. Comparetto, Esq.,727-328-7900 www.floridamalpracticelaw.com

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Answered on 10/24/01, 10:39 pm


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