Reisterstown, MD asked in Personal Injury for Maryland

Q: I had a slip and fall in the mall, why isn't the insurance company not releasing the videos to my attorney unless he sues?

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2 Lawyer Answers
Cedulie Renee Laumann
Cedulie Renee Laumann
Answered
  • Crownsville, MD
  • Licensed in Maryland

A: Generally the only way to "force" a private person to turn over paperwork, videos or other information involves a lawsuit. Before a lawsuit is filed an insurance company or the plaintiff may voluntarily exchange information. The exchange goes both ways - the insurance company cannot force a claimant to turn over medical records or the like either if no lawsuit is pending. After a lawsuit is filed, such things can be compelled by discovery (like subpoenas, requests for production of documents and so forth).

While I hope this general information helps, please understand that it should not substitute for legal advice on the particulars of your situation.

1 user found this answer helpful

Ronald V. Miller Jr.
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Answered
  • Baltimore, MD
  • Licensed in Maryland

A: Cedulie is right. Insurance companies just don't produce evidence, even when it helps them. If the video helps you, then you would have ammunition to attract a personal injury lawyer to your case. Many injured people just give up and go away. The insurance companies bank on this to keep their claims down.

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