If you have filed a personal injury compensation claim against a person who caused a car accident that you were involved in that was not your fault you could be asked by the insurer of the at-fault driver to provide a deposition before any agreement is reached about the settlement amount.
If you are asked to be part of this process you should not try and go it alone as deposition meetings are stressful situations where you are required to take an oath on what you say.
It could still be in your interest to agree to an insurance deposition; otherwise, the insurer may think you have something to hide.
You have to remember that you may not be given much notice to appear to make a deposition so you and your attorney should be sure about the nature of your case and its eligibility for personal injury compensation.
How Does an Insurance Deposition Work?
A deposition is a legal statement made under oath. It may be part of a wider process called discovery in which evidence is shared between opposing parties before a trial.
In a deposition involving insurance, the insurer is normally permitted to ask relevant questions of you in relation to the auto accident. You will be answering these questions under oath so you have to tell the truth. There may be other people who are also asked to make a deposition.
These could include the car drivers of all the cars involved, any passengers in the vehicles, any witnesses who saw the accident, any doctor who has provided medical treatment and any police officer who was involved following the accident.
The deposition should take place as close as possible to the home of the person who has been asked to provide a deposition. The deposition may take place in the attorney’s office but it could take place in a courthouse library, a physician’s office or even in one of the rooms at the witness’s residence.
The court reporter will be in attendance and he or she uses a recording device to record every word said by all the people who are offering depositions.
The Types of Questions Asked at a Deposition
The questions asked by the insurer’s attorney could be anything relevant to the accident. The attorney may ask the plaintiff about the injuries being treated and details about how the accident happened.
If the plaintiff’s doctor has been asked to provide a deposition he or she may be asked about the nature of the medical treatment and the likely recovery time.
If it's an auto accident deposition, police officer who was present at the accident scene may be questioned about what he saw at the scene of the accident.
How an Attorney May Help in a Deposition
Depositions are a legal proceeding that can be intimidating as this gives the chance for the insurer’s attorney to try and trick you into admitting you are partly responsible for the accident.
You need an attorney present to ensure the deposition meeting works in your favor and you get the compensation you deserve in an accident that wasn’t your fault. If you're preparing for a deposition, you may want to contact an attorney as she or he can help you through the process.