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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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