If was in a low impact rear-ender that caused slight damage to the car in front of me, can an lawyer that is suing my insurer ask to see my bank records?

I stated that I did not believe alcohol or drugs were involved in the accident (And still believe this to be true) but paid for a cocktail with my ATM prior to the accident. No police were at the scene.

Asked on June 6, 2012 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Anyone may ask to see anything. You do not need to share it or provide it until and unless--

1) You are named in a lawsuit and the other party uses one of the mechanisms of discovery, such as written interrogatories or a notice to produce documents, to seek production of these records; or

2) Even if named in the suit, you are served with a subpoena to produce the records.

In either case above, if the records are potentially relevant or germane to the subject matter of the suit, the lawyer could likely get them.

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