Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Full Bio →

Written by

UPDATED: Aug 19, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Insurance Question from Oceanside, CA

Asked on 08/19/2011

In an accident involving 2 parties, can one party deny the other access to his formal statement My parked vehicle was involved in an accident with a moving vehicle. The other vehicles insurance company refuses to release the statement of the driver. But based their determination that he was not at fault upon his statement. For what its worth, my vehicle was legally parked in front of my house and was hit from behind by the moving vehicle. This is in California..

Answer given on August 20, 2011

Insurance companies are not required to release information regarding the investigation of a claim to the other party unless the case goes to court. If your insurance company requests the information, they would probably be allowed to receive it. If not, they have the option of getting a statement from the other driver for their records.Since your car was parked, the other insurance company should be accepting liability for the damages. It is hard to imagine a statement by the other driver that could lead them to believe otherwise. If you are not getting satisfaction from the other insurance company, you should ask your agent and/or company about filing a claim through them. It would not affect your rates if the claim is not your fault. The insurance company would pay for damages, less your deductible, and then subrogate against the other company. If your company is successful in getting repayment, then your deductible will be refunded to you.


IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and FreeAdvice.com AS IS. It has not necessarily been reviewed by the management staff of FreeAdvice.com nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although FreeAdvice.com has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on AttorneyPages.com to represent you.