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NewYorkLaw101
NewYorkLaw101, Attorney
Category: Legal
Satisfied Customers: 439
Experience:  10 years civil litigation, no-fault, personal injury, premise liability and municipality law
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a witness claimed to the police, who wrote up a police report

Customer Question

a witness claimed to the police, who wrote up a police report claiming I committed a hit and run (failure to stop and give information) that he witnessed me hit a vehicle, and gave the owner my tags, who contacted my insurance co, who investigated the accident forensically and deposed witness under oath, who admitted he did not witness accident and can't confirm damages weren't there prior to collision he didn't see. (he just heard a noise and assumed a collision). So he lied on the police report. I want to amend my police report with the advanced forensics report analysis of photos and bumpers showing no paint transfer and conclusively proving no collision, and the witness report admitting under oath he didn't witness the alleged collision, but the insurance co.'s policy is not to release these until charges are filed. A lawyer has told me based on the current police report charges are likely, so I these reports--can I subpeona them w/o suing or otherwise get them?
Submitted: 6 years ago.
Category: Legal
Expert:  NewYorkLaw101 replied 6 years ago.
Hi and thanks for using Just Answer
Sorry to hear about your situation
If you want to subpoena these records, you should consult the attorney to have him get them for you. You should however, be able to file an amended police report which would include your statement of non-involvement. You will not be able to get the records with a subpoena served by you alone, but with an attorney's assistance you should be able to get the records.
Have a great evening
please press ACCEPT
Customer: replied 6 years ago.
thanks, but "go see an attorney" is not an answer I feel I need to pay 18 dollars for, but thanks for your attempt to help anyhow.
More information, such as whether and if so what sections of the Texas Insurance Code allows or prevents consumers to request such information, liable to criminal charges, for example, or an FOIA request and the appropriate sections to support such a request, might have been more helpful.

Regards,

Ian
Expert:  NewYorkLaw101 replied 6 years ago.
Okay, you did not press ACCEPT so your questions is still available for other experts to respond. While I was responding to your question with regard to the subpoena aspect of obtaining your insurance companies file materials. I will opt out and allow another expert to assist you in this matter as I want to ensure that you are a satisfied Just Answer customer
Have a great evening

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