Possession of Evidence

[rocketkeke]

I was involved in an accident while riding my bicycle. I suffered physical injuries and my bike is damaged but still rideable after I swapped out few components. My attorney office called me and said they want to take possesion of my bicycle as piece of evidence. I told them no since this is only bicycle I have and I can't afford another bicycle until the case is settled. In fact I'll be riding same bike if final settlement isn't favorable to me. I'm an active cyclist who treats the sport seriously. I'll be miserable without the bike even for a week. The attorney's office already have the photos of the damaged bike and appraisals from local shop. The paralegal said he'll talk to the attorney and get back to me.

My question is can my attorney force me to turn in the bicycle? What if I insist keeping the bike in possession? To me this does not make sense since I've never heard attorney taking possession of a vehicle after an accident. I know many people kept driving their car around while the case is going thru the system.

 

[adjusterjack]

My question is can my attorney force me to turn in the bicycle?

Force? No. But if you don't cooperate with your own attorney you jeopardize your case. If he needs the bike, give it to him. If you need a bike for transportation buy a cheap one on Craigslist.

 

[Just Blue]

I was involved in an accident while riding my bicycle. I suffered physical injuries and my bike is damaged but still rideable after I swapped out few components. My attorney office called me and said they want to take possesion of my bicycle as piece of evidence. I told them no since this is only bicycle I have and I can't afford another bicycle until the case is settled. In fact I'll be riding same bike if final settlement isn't favorable to me. I'm an active cyclist who treats the sport seriously. I'll be miserable without the bike even for a week. The attorney's office already have the photos of the damaged bike and appraisals from local shop. The paralegal said he'll talk to the attorney and get back to me.

My question is can my attorney force me to turn in the bicycle? What if I insist keeping the bike in possession? To me this does not make sense since I've never heard attorney taking possession of a vehicle after an accident. I know many people kept driving their car around while the case is going thru the system.

What state?

 

[rocketkeke]

What state?

California

 

[Taxing Matters]

My question is can my attorney force me to turn in the bicycle?

Your attorney cannot force you to give up the bike. But then the bike itself won't be available for evidence in the case. Indeed, it may already not be very good because you have made changes to it since the accident, a fact that likely will have to be disclosed to the defense. If you've not told the attorney about those part swaps then you need to do so.

 

[Mass_Shyster]

Your attorney can probably withdraw from your case and bill you for the time spent since you are not cooperating with the case. Check your contract.

 

[zddoodah]

can my attorney force me to turn in the bicycle?

Of course not.

What if I insist keeping the bike in possession?

Umm...then you'll keep the bike.

Call your attorney to discuss the matter. Ask why he/she wants to take possession and explain your concerns. Ask what impact it could have on the case if you keep possession and continue using it. Once you fully understand all this, you can make an informed decision.

 

[Iron_Crossman]

Thanks a lot

 

[quincy]

Thanks a lot

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