Legal Question in Insurance Law in California

access to insured statement for use in Small Claims Court

I filed a claim against an auto insurance company after being hit by one of their policyholders. The representative at my insurance company told me that the statement by the woman that hit me cannot be released to me for Small Claims Court. In her statement, she admits to not looking at the road. This statement would be helpful in court and I would like to check the legality of obtaining the woman's statement.


Asked on 6/18/00, 9:41 pm

3 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: access to insured statement for use in Small Claims Court

You could try and subpoena it and see what happens but as a general rule theses statements are privileged and they don�t have to give them to anyone.

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Answered on 8/24/00, 6:39 pm
Steven Murray Steven W. Murray, APC

Re: access to insured statement for use in Small Claims Court

If the statement was given by the other lady to your

insurer, they are obligated to give it to you so

you can protect your own interests. If the lady gave

the statement to her own insurer, it is privileged

and you cannot obtain it.

Why isn't your own insurer helping you to pay for the

damage? Why are you going to small claims - your

deductible is ususally collected for you by your

insurer when it seeks reimbursement for itself after

it has paid to fix your car and pay for your rental

expenses.

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Answered on 8/24/00, 7:55 pm
Michael McDaniel Countryman & McDaniel

Re: access to insured statement for use in Small Claims Court

Sorry, but your small claims case against the insurance company of this laady will likely be dismissed. You must sue the lady, not her insurance company. Some states allow such a "direct action" against the insurance company, but California is not one of them.

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Answered on 8/24/00, 11:25 pm


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