Do I need a lawyer to subpoena a document from an insurance company?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I need a lawyer to subpoena a document from an insurance company?
I am going to court soon to dispute a ticket that aided in getting a claim paid to a guy who says I rear-ended him. I want to prove she lied in her report. I requested numerous documents from my insurance company but they will not give me the photos they took of the other guy’s car. Do I need to subpeona them and do I need a lawyer to get a subpeona? The insurance company also said that I don’t have a right to appeal their decision, is this true?
Asked on November 13, 2014 under Accident Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
1) You do have to subpoean them to get the documents if they won't voluntarily provide them.
2) If you are representing yourself (pro se) you do not need a lawyer, but may draft and serve the subpoena yourself--just make sure you comply with all rules, give them the appropriate time frame, serve it on them properly, etc.
3) You cannot dispute their decision to voluntarily pay a claim to another person--if they deemed that it was appropriate to do so, they may do so. If they did NOT pay and you ended up having to pay out of pocket, you could in that case sue the insurer for breach of contract (breaching their policy obligation to defend or indemnify--pay for--you), but you can't dispute their decision to settle a claim in your favor.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.