Am I entitled by law to be issued an accident report from a private company when the accident happened inside private property?

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Am I entitled by law to be issued an accident report from a private company when the accident happened inside private property?

My vehicle was struck by a company vehicle inside the company premises. I was referred to their claims department, who declines to pay for my damages, and declines to issue me a copy of the accident report made by their security staff, which includes my personal information, including driver’s license number.

Asked on April 30, 2012 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, unless you sue the company, you have no legal right to their accident report; as you note, they are a private company and the report is their property and their work product. There is no legal requirement for a private company (or person) to give you a report or documentation belonging to it.  The fact that it is about you or contains some of your information does not change this.

If you sue the company, you may be able to get the report, using the legal mechanisms of "discovery" (e.g. document production requests; written interrogatories or questions), though depending on the circumstances, it is possible it would still be protected by one or another "privelege"; for example, if an attorney worked on the report, it may be protected by attorney-client privilege or as an attorney work product.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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