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Everything posted by motherinaz

  1. Defense counsel filed an answer to my motion to deny my request to compel the claims file. Stated that the information in the file is protected by work right protection/attorney client privilege. He also advised that any information in the file cannot be used in the trial. Can the non recorded statements from the two witnesses but used as evidence when I exam them in court. Defense counsel also advised that I cannot mention the outcome of liability by the insurance company in court or it will lead to a mistrial. Does anyone know of a website that I can look at for examples of jury selections stipulations and how to prepare for trial
  2. I do not have a attorney as I didn't think it would get this far. I just assumed that their attorney would try and settle the B/I out of court. Is it too late to hire one?
  3. No counter claim has been filed by the defendant or her counsel. The accident was in August of 2013. According to her carrier, they do not intend to file subrogation against my carrier because they found her to be 100% at fault.
  4. Yes, I did assume that since her carrier found her to be at fault and only offered me a low ball settlement for the bodily injury, I did not realize I had to prove liability again. I do have written correspondence from her carrier acknowledging she was at fault, but because it was a parking lot accident they only wanted to offer $500.00. I have e-mail from one of the witnesses with his statement of the accident, but I could not get it notorized from him. Is this admissible in court? I guess bottom line is that I need to call both independent witnesses and dr that treated us to trial?
  5. This happened in AZ. Now that I have filed suit, the defense counsel is claiming I am at fault for the accident and need to prove I wasn't. Myself, as well as the independent witnesses gave statements to the insurance company and I have in writing from the adjuster their policy holder is at fault. However, according to defense counsel, all of that information is not admissible in court to determine liability. I assumed if I call the two witnesses and the claims adjuster, they would be able to tell the jury what happened (witnesses) and then adjuster could reaffirm they found the defendant at fault already. I filed a motion to compel the recorded or non recorded statement from myself and the witnesses and are still waiting for a ruling from the judge. I guess I am confused as to why I am fighting a liability issue when my complaint was for bodily injury.
  6. I was in car accident last year in a parking lot. The adverse party backed out of her parking spot quickly and hit my stopped vehicle. Her carrier found her to be 100% at fault through my statement and statements of two independent witnesses. They paid for my car to be fixed and a rental. They however refused to pay for my injuries as well as my 3 dependents that were in the car. I filed suit against the driver (seems I didn't serve the insurance dept correctly) and now the insurance company has hired her a defense counsel and now claim that I am fault for the accident. Trial is set for July (which everyone I spoke to advised it would never get this far). I have asked for the claim file from the attorney and he indicated it is protected. I am waiting for ruling from the judge. Can I call the claims adjuster as a witness to the trial? Thank you
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