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Florida Accident Report Privilege

Posted by Guy DiMartino | Apr 02, 2013 | 0 Comments

Leesburg-Villages car accident lawyer, Guy S.

DiMartino, discusses the Florida Accident Report privilege.

This is the typical story. A client comes in and says there shouldn't be a problem with determining fault for their car accident because the other driver told the police officer that it was his fault.  The client then pulls out the accident report and says here look – it's in quotes “Driver 1 says he was a fault for the accident.”

A few weeks go by and we receive a call from the insurance adjuster and the adjuster says that they are denying responsibility. So we decide the file a lawsuit.  The client asks if we can show the accident report to the other driver and ask why he said that he was at fault to the police officer – I say no. The client then asks, can we take the deposition of the police officer and ask him what the other driver says – I say no.  The client is getting frustrated with me.  I explain to the client that information in a Florida accident report is considered privileged in civil matters.

Florida accident report privilege

The accident report privilege prohibits the use of the Florida crash reports or any statements made to law enforcement who is investigating the crash.  The purpose behind the privilege is the state wants folks to be open and honest to law enforcement who are investigating what happened in the accident without the threat of anything that they say – can be used against them in a lawsuit.

So we will not be able to prove fault for the accident using the Florida accident report or any statements made by the other driver that are written in the report.

Florida car accident law can be complex.  If you have any questions about a car accident claim, you can call me directly on my cell at (352) 267-9168 or fill out the internet consultation form on the right hand side of the screen.

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+

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