Legal Question in Personal Injury in New York

Need document from insurance company

The insurance company will not provide me with a copy of the witnesses' statement of the accident.

I require this in order to present an adequate case in small claims court.

Is there any way that I can compel the company to provide me the document;especially if they already know that the ''witnesses'' testimony is a lie?

Would going through the local Disrict Attorney's office help ?

Any information will be deeply appreciated.Take care and God Bless.

Sincerely and Respectfully stated.


Asked on 2/08/07, 4:12 am

1 Answer from Attorneys

David Simon Hogan & Rossi

Re: Need document from insurance company

Immediately go to the small claims court and tell the clerk that you need to have a subpoena issued to the insurance company to obtain records that are vital to your case. Make sure you have the name and address of the insurance carrier, the name of the insured, policy number and the date of the accident and/or claim number. Adjourn the trial date in order to give the insurance company adequate time to respond to the subpoena. The records will be sent to the Court. You may have to pay a "witness fee" for the subpoena. Call or go to the court several days before trial to ensure that the records have been received by the court and to review what has been provided. Make sure the subpoena adequately describes what you are looking for. For example, you might demand any and all witness and party statements, including affidavits, police reports, DMV Form MV-104, and/or transcripts of any interviews.

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Answered on 2/08/07, 9:58 am


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