Do I have to give pictures of car accident damage if I am being sued? 7 Answers as of January 17, 2011

I was hit by a hit and run driver that caused me to weave all over. A 2nd driver hit me because of my weaving. The CHP determined there was not enough evidence to find any fault. However, the officer left out the hit-n-run in the report. One month later the other drivers insurance called and warned that I was being sued as the one at fault. I went to the CHP to add the evidence that was left out. It was accepted. The insurance read it and noticed I stated I had pictures of the damage to my car. They are asking me for those pictures. Do I have to give the pictures to them? My insurance expired 3 days before this accident.)

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
You must comply with a valid subpoena only.
Answer Applies to: California
Replied: 1/17/2011
Tomalas Law Firm
Tomalas Law Firm | Ryan Tomalas
If you do not disclose the photographs voluntarily the person making a claim against you can simply file a lawsuit and during the litigation process you will be obligated (based on the Rules of Evidence) to disclose the photographs through formal Discovery.
Answer Applies to: California
Replied: 1/17/2011
Dack Marasigan, LLP
Dack Marasigan, LLP | Martin E. Dack, Esq
You should better consult insurance attorney as they can give you the best piece of advice on the concerned issues.
Answer Applies to: California
Replied: 1/17/2011
Diana K. Zilko, Attorney at Law
Diana K. Zilko, Attorney at Law | Diana K. Zilko
You do not have to provide the insurance company with photos, however, if a lawsuit is filed the attorney handling the case will simply ask for the production of the photos through the discovery process. If the photos substantiate your claim of being hit by another driver, then there likely isn't much harm to providing them now, rather than later.
Answer Applies to: California
Replied: 1/16/2011
El Dabe Law Firm
El Dabe Law Firm | Edmond El Dabe
You are not required to give pictures of your property damage ever, however if they are helpful for your case, you should provide them. El Dabe Law Firm, with offices in Los Angeles and Orange County, has experience with insurance companies and their bad faith tactics. Keep in mind that if there a lawsuit filed, and the photos are subpoenaed, you must produce them.
Answer Applies to: California
Replied: 1/14/2011
Click to View More Answers: