Legal Question in Personal Injury in United States
18 son caused accident rear ended car an attorney for car that was hit has asked for his cell phone and SIM card
Do we have to turn over
11 Answers from Attorneys
in florida, you will likely have to do that.
Until a lawsuit is started, no. But do not destroy.
Generally not until a lawsuit has been filed and only when made as part of a formal discovery request. On top of that, you will provide them with an authorization allowing them to obtain his cell phone records with 1 very very important condition....you only allow them to get the records for the date of the accident and nothing more unless they can show a compelling reason for needing more.
Ask the other driver to turn over there's first.
No unless the case is in litigation and it has been formally requested thru discovery and it should be limited at most to the day of the accident
It will depend on your specific state. In Texas, many times people object to producing personal information such as complete cell phone records. If you had insurance coverage, make sure you have notified your carrier of the claim. If a lawsuit gets filed, the insurance company covering your son, should appoint an attorney to handle the case and advise your son about such matters.
Assuming you have insurance, you need to talk with your adjuster and the insurance company's lawyer if it has gone to litigation.. Let them handle it. That's what your insurance is for.
NO, you must turn this over to your insurance company, because they must defend you.
No, however, do not erase.
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