Depositions in Car Accident Claims

When filing a car accident claim against an at-fault driver’s insurance company, the insurance company is going to want to reduce their liability as much as possible. While they don’t necessarily represent the interests of their policyholder, they indemnify the policyholder against liability. The insurance company’s interests are aligned with their policyholder’s. When the case goes into litigation, it will generally be the insurance company’s attorneys you are dealing with unless you choose to directly sue the driver.

During the discovery phase, several things happen. The insurance company’s attorneys will file information requests and question you under oath. The same holds true if you file a lawsuit directly against the at-fault driver. Here, we’ll take a look at some of the questions you can expect to answer during the deposition.

 

Questions Involving Your Injuries

Typical of a car accident claim is a list of injuries and the ways in which they limit your ability to work or do the things you once enjoyed. Absence from work creates a financial burden that wouldn’t exist if the other driver had driven properly. You are entitled to be compensated for this. Additionally, if you lost the ability to enjoy an activity due to your accident, you can recover damages for that as well.

However, the insurance company is entitled to ask you certain questions regarding your work-related duties and the extent of your injuries. They will most definitely want medical reports to back up your claim and they will want to know everything about the duties of your job and how your injury prevents you from fulfilling those duties.

The insurance company will take a defensive posture to any claim you make. In other words, they’ll assume that you’re exaggerating your injuries and could work if you really wanted to. In the process of asking you questions, they will try to trap you in responses. You might claim that your doctor said you couldn’t lift anything over 10 lbs, but if they have you on film carrying a 20 lb pound of cat litter out of the grocery store, that may be cause to dismiss your claim. 

Additionally, the insurance company will ask you about prior injuries, health conditions, and other factors that may imply that your injuries were not caused by the car accident.

 

Questions Involving the Accident

Since the insurance company is on the hook for their policyholder, they will do everything in their power to see to it that some of the blame is assigned to you. Your St. Louis car accident attorney’s job is to collect all witness statements, surveillance footage, and analyze the wreckage to ensure that the insurance company’s attorneys don’t try to pin some of the blame on you.

 

Need to File a Car Accident Lawsuit?

If you’ve been involved in a serious car accident, the stakes are high. The insurance company will not just mail you a check to cover all your damages. Call a car accident lawyer at Krause and Kinsman Law Firm can help. Talk to us today and schedule a free consultation.

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