In an accident involving 2 parties, can one party deny the other access to his formal statement

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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...

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UPDATED: Aug 19, 2011

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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.

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