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Another driver made a left hand turn into my son causing his…

Another driver made a left...
Another driver made a left hand turn into my son causing his death and so the other driver's insurance company offered us the limit of his policy of $100,000 in June. The other driver is a business owner so in July we asked for the other driver to give us an insurance policy disclosure. Well we requested it from the other drivers attorney. It's going on foue months now and we don't have what we ask for. We've been very patient I've spoken with his attorney several times and the guy just keeps putting me off. I can't believe somebody would do business like this but that's what's happening. Would this be considered an ethical and other words is it something that would be worth filing a complaint with our State Bar about?
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Answered in 5 hours by:
10/17/2017
Lucy, Esq.
Lucy, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm very sorry for your loss.

A lawyer has an ethical obligation to his client, not to the opposing party. If the client is telling him that he doesn't want you to see the documentation then, as shady as it seems, the lawyer is actually doing his job and fulfilling his ethical obligations.

That doesn't mean he doesn't have to give you the documents. You can hire a local attorney to issue a subpoena, and then they're in contempt of court if they don't submit the documents within 30 days. Or you could file a lawsuit against the driver and serve a Request for Production of Documents, which they're also required to respond to. They don't have to send documents requested without a subpoena or a discovery request in an ongoing court case. Most will, especially when talking to another lawyer, but it's not required.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Ask Your Own Personal Injury Law Question
Customer reply replied 9 months ago
How much work is it to file a subpoena?

It would take a lawyer probably about an hour to draft and arrange for service of a subpoena. You can do it yourself, except non-lawyers have to file a lawsuit before they can get one.

Lucy, Esq.
Lucy, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified
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