Do I need a lawyer to subpoena a document from an insurance company?

I am going to court soon to dispute a ticket that aided in getting a claim paid to a guy who says I rear-ended him. I want to prove she lied in her report. I requested numerous documents from my insurance company but they will not give me the photos they took of the other guy’s car. Do I need to subpeona them and do I need a lawyer to get a subpeona? The insurance company also said that I don’t have a right to appeal their decision, is this true?

Asked on November 13, 2014 under Accident Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) You do have to subpoean them to get the documents if they won't voluntarily provide them.

2) If you are representing yourself (pro se) you do not need a lawyer, but may draft and serve the subpoena yourself--just make sure you comply with all rules, give them the appropriate time frame, serve it on them properly, etc.

3) You cannot dispute their decision to voluntarily pay a claim to another person--if they deemed that it was appropriate to do so, they may do so. If they did NOT pay and you ended up having to pay out of pocket, you could in that case sue the insurer for breach of contract (breaching their policy obligation to defend or indemnify--pay for--you), but you can't dispute their decision to settle a claim in your favor.

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