Business Owner Won't Provide Name of Insurance Company...
by Anonymous (North Carolina, USA)
I stepped off a raised portion of walkway leading from a sidewalk in front of a store in a mall (leaving the store area). I tripped over a pothole and raised speed bump and broke my wrist. Now I'm having a hernia in my stomach area some months later.
My injuries were noted on the information given to the mall manager, but the owner of the mall will not answer my attorney's request for the name of his insurance carrier. The owner is out of state in New York. The accident took place in North Carolina.
It's been almost a year since the accident, in fact it was November 26, 2010. I was just making a claim on the wrist because that was what was broken at the time, it would probably be hard to prove the stomach hernia from the strain. I may need a stomach operation for the hernia. I never had the problem until a few months after the fall, but the wrist and hospital bills are real. I have a scar and steel plate with 8 screws in my wrist.
What can we do to get the mall owner to cooperate? Thanks.
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ANSWER for "Business Owner Won't Provide Name of Insurance Company...":
Anonymous (North Carolina, USA):
Our policy is not to intervene in the attorney-client relationship. To do so would be legally inappropriate.
We can though make some general observations about the manner in which personal injury cases proceed, especially when it comes to the recovery of information withheld by a defendant...
The State of North Carolina's evidentiary rules are similar to those enumerated in the FRCP or Federal Rules of Civil Procedure Rule 26 (b) (2). The Federal Rules permit the discovery of insurance information during pre-trial depositions if the insurance information is “probative”.
The North Carolina Rules of Civil Procedure Article 5 Rule 34 also govern the discovery process. It does so through several methods including, but not limited to subpoena powers.
The question will be whether the issue of the discovery of the at-fault party’s insurance information is probative.
You should rely upon your attorney's advice and counsel. Once you begin to second guess your attorney's abilities as they relate to the Rules of Evidence, you may be creating an unnecessary problem.
You have a right to ask your attorney anything about your case, but if you begin to invade the province of your attorney’s litigation tactics you may begin to erode the attorney-client relationship.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.