If I was in an accident, is there anyway to get the other driver’s phone/text records?

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If I was in an accident, is there anyway to get the other driver’s phone/text records?

I was in an accident in the parking lot so no police report was filed. However, the

person that hit us turned right into the parking lot from the main road. We had a stop

sign and proceeded through the intersection after we say nobody was coming. She

hit the side of our car and pushed us into the other lane. Both cars were totaled.

She made no attempt to stop no skid marks or screeching tires which leads me to

believe she was distracted. My insurance company agreed to 60/40 fault. I still feel

like she was on her phone. Is there anyway to fight this?

Asked on December 29, 2016 under Accident Law, Nebraska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If instead of settling the case (e.g. because you believe that you are entitled to more money that the insurer is offering), you sue, then in the course of the lawsuit, you can use the legal mechanisms or procedures of "discovery," such as requests for documents or written "interrogatories" (questions) to get this information. You can *only* get this information in the course of a lawsuit, so you have to decide to sue *first*, before you have the information, unfortunately.

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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