Legal Question in Insurance Law in California

What rights to discovery do I have when an Insurance Company notifies me of a Cl

Background: I was in an accident with a rental car.

My insurance company denied liability coverage as it

is for my motorcycle, not a car and I did not get

Liability Insurance from the Rental Agency. I was

backing up to park, while the other car was pulling

out of a curb side parking place into my path of

travel. I did not see them in my way or signal as I

initiated my movement after checking my passenger and

rear view mirrors. There was no police report or

witness.

Question: Their insurance company has notified me of

a $1,000 +/- claim, stating that their investigation

indicates I am at fault. I am not convinced I am at

fault, as they where also pulling into my path of

travel, and requested (in writing) a copy of their

investigation stating the conclusions, and the report

filed by their insured. They verbally stated that

this information is priviledged. Do I have a right to

that statement by their insured as they are using it

as the basis of their claim? I am triing to settle

without involving the rental cars liability office as

I will then have to pay any legal fees. What is the

best co


Asked on 3/03/01, 11:54 am

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: What rights to discovery do I have when an Insurance Company notifies me of

You are in a very complex situation and getting a copy of their report is the least of your problems. To get the report you must subpoena it and t you may or may not end up getting it. you will probably end up having to make a motion for a court order to get it.

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Answered on 4/30/01, 12:30 pm


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