Legal Question in Personal Injury in California

Re: Getting information from car insurance companies

The insurance company would never release any information to you absent a lawsuit against them. In addition, you must stop communicating with the insurance company and sit down with an attorney for case evaluation. With the facts, or lack thereof you have provided in your question, it would be impossible to tell if you even have a case. On the other hand, if you do have a case, normally an attorney would represent you on a contingency basis meaning that you do not have to pay attorney�s fees up front. Should this sound desirable to you, please feel free to contact me for a free consult.

Re: Getting information from car insurance companies

You need to institute a lawsuit so that you can then formally demand those papers. Even then, the insurance company is likely to fight tooth and nail to avoid complying with your demands. Remember, the insurance company is now your enemy. Don't give them any information, statements, etc.

You CAN afford to hire a lawyer. That's because there's something called "contingent fees", which means you pay NOTHING up front, and you only pay the lawyer his percentage fee if he wins your case, and even then, the fee comes out of the recovery. You're not going to be out of pocket any money.

If you need to talk with a lawyer, I'll be happy to discuss this with you, no charge.

Best of luck to you,

Gene Lee

(213) 453-1781

Re: Getting information from car insurance companies

This is what lawyers do. There are legal procedures to make them give you this information. You will not be able to do this yourself. You should not even be speaking to an insurance company before you have retained an attorney. How do you know you can't afford a lawyer? Have you consulted any? Assuming you were injured, and you had your own insurance at the time of the accident, my advice is to hang up from the Internet and immediately start calling lawyers and making an appointment to see one.

Re: Getting information from car insurance companies

The insurance company will not release this material to you without the policyholder's consent, and probably won't release most of it even *with* that consent. You cannot compel it to give you this information unless you first file suit; once you have done this, you will be able to subpoena the records.

I agree with Mr. Stone that you should not be dealing with the insurer yourself. The insurer is keeping notes on every conversation it has with you, and chances are that things you say will come back to haunt you later. Stop giving them ammunition to use against you.

I also agree with Mr. Stone that you should at least try to find an attorney. Even if your injuries are minor you may be able to get an attorney to help you from the sidelines while you handle the case yourself.

Good luck.

Re: Getting information from car insurance companies

Why can't you afford an attorney? PI attorneys work on contingency. If you mean you are unwilling to let an attorney have a percentage of the case for his efforts, then why should any attorney help you? If the case is too small to interest an attorney, there isn't much help to offer you. If you have several thousand or more in legitimate medical damages, plus wage loss, etc., then the case should be of interest to an attorney.

What you want is 'discovery' which you are entitled to once you file suit, not before. You have to make some choices and get moving. If interested in hiring an experienced attorney, feel free to contact me.

Re: Getting information from car insurance companies

Everything you are asking for is considered privileged, or "work product" and the other ins. co. won't release that--at least for now. But what's more important is what you have!!! What kind of impact and trauma was there? How much is the property damage? How much is the medical bills or the wage loss? What photos or other evidence do you have? If you are in the Orange County area, I'd be glad to review your materials at no charge.