How to pursue an auto accident case?

What is the name of your state?What is the name of your state?What is the name of your state? Arizona

A truck driving in the right most lane bumped in to the rear of my wife's car while trying to merge left because his lane was closing due to construction. At the time of the accident, he took the responsibility and gave his insurance info. When I called his insurance company he, however, changed his story and claimed that there was no construction and he was not trying to make any lane changes. I have a traffic barricade plan from the company which had set up the barricade to prove that there was a construction and that the driver is not telling the truth. His insurance company wouldn't pay me because he denies his fault and police weren't called because he admitted his guilt at the scene ... how stupid of me to believe him.

1). Since the truck belongs to a company and he is just the employee, do I need to sue him, his company, or his company's insurance company?

2). His insurance has his and my version of the story recorded. Is there a way to force the insurance company to provide me the recorded statement so that I can find the discrepancies in his statement?

3). In small claims court, can you summon / subpoena a third party or piece of evidence, like traffic barricade plan, which might be helpful in proving your point.

Your help will be very much appreciated.

kanchho said:

1). Since the truck belongs to a company and he is just the employee, do I need to sue him, his company, or his company's insurance company?

2). His insurance has his and my version of the story recorded. Is there a way to force the insurance company to provide me the recorded statement so that I can find the discrepancies in his statement?

3). In small claims court, can you summon / subpoena a third party or piece of evidence, like traffic barricade plan, which might be helpful in proving your point.

Your help will be very much appreciated.

Click to expand...

1. You can sue both him and his company (and possibly, though there aren't enough facts in your post, the company which had set up the barricade if it was negligent in doing so). The insurance company of the driver's company is not sued even if the insurance company provides coverage; the insurance company would instead be responsible to its insured for paying the amount of the policy limit if there's a judgment or settlement and assuming there's coverage. It may also benefit to send a demand letter first. If you do a search for "demand letter" in this forum, I'm sure somebody has posted something about it.

2. Production of recorded statements can be requested after the lawsuit is filed and upon service of what's called a request for production of documents (at least in my state) which you or your attorney would serve. His statement may be privileged from disclosure so you might not be able to get it depending on your state's law. I doubt the insurance company, or rather, the counsel that it provides for its insured, would give it to you voluntarily.

3. Small claims court was intended to be a quicker litigation process than in other courts so you might not get a chance to summon / subpoena a third party or piece of evidence like the traffic barricade plan. I don't know how it works in Arizona.

I really appreciate the info you have provided. Thank you. I have couple of more questions.

1). Let’s say that I can’t force his insurance company to turn over the recorded info then what alternative do I have to get a written statement from the other driver so that I can question his truthfulness in front of the judge. For example he told his insurance company that there was no barricade but I have a proof that there was.

2). During the discovery period, is there a way to subpoena a piece of evidence like records of construction plan from the construction company if they refuse to hand over the documents voluntarily.

kanchho said:

I really appreciate the info you have provided. Thank you. I have couple of more questions.

1). Let’s say that I can’t force his insurance company to turn over the recorded info then what alternative do I have to get a written statement from the other driver so that I can question his truthfulness in front of the judge. For example he told his insurance company that there was no barricade but I have a proof that there was.

2). During the discovery period, is there a way to subpoena a piece of evidence like records of construction plan from the construction company if they refuse to hand over the documents voluntarily.

Click to expand...

1). If you serve the other driver with a lawsuit (summons and complaint) but NOT in small claims court, you can later serve him with "interrogatories" (that's what it's called in my state), and/or "request for admissions". You would have to wait a short time (about 10 days) after defendant files an "appearance" in the case (i.e. after he files an Answer to the complaint), before you can send him interrogatories (i.e. questions) or request for admissions, in my state. Also in my state there's a form for interrogatories regarding how the accident occurred (called "form interrogatories"). If you want to ask him other questions not included in the form, you can send him what's called in my state "specially prepared interrogatories" or "special interrogatories". A request for admissions might be the most helpful in this case, i.e. 1. "Admit that on [fill in the date], you were driving a vehicle on [fill in name of the highway] in lane number ... "; and "2. Admit there was a barricade in lane number ..." and "3. If you answer request for admission no. 2 in the affirmative, admit that as a result of the barricade, you traveled into lane number ... ", etc. (Each request for admisson and special interrogatory cannot be "compound", i.e. basically you cannot ask more than one question at a time.)

In addition, you can have your attorney depose him (question him at a deposition) during the discovery stage. The other driver does not have to give answers to what he doesn't recall during the deposition, and his attorney might make objections to some of the questions, but your attorney can ask the other driver further questions during the deposition if his answers are unclear. If the other driver testifies at a trial, his answers to interrogatories and to questions at a deposition can be admitted into evidence to show they are inconsistent with his testimony on the witness stand ... however there are other requirements before you can get them admitted into evidence. (As alluded to above, this doesn't likely apply to small claims court, as there is likely no discovery stage in small claims court.)

OR instead of suing, your wife can contact the insurance company, explain how it wasn't your fault, so that they can, or might pay for the repair to your wife's car. because maybe you weren't injured badly and don't have a lot of medical expenses? ... you mentioned small claims court where there's a monetary limit on how much you can recover.

(Or you can hire a private investigator to take the other driver's statement, but I doubt the other driver will voluntarily submit to that.)

2). I believe so, assuming they still have those records. As you alluded to, the document to compel production is called a subpoena (specifically, subpoena to produce business records or subpoena duces tecum).

Thank you very much OC3902 for all your help and advise. I think I am quite clear now on how to go about this case. I still need to do little bit more research but I am ready to get this guy now.