[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/butlerfirm.com\/blog\/court-orders-insurance-company-to-produce-recorded-statement-in-car-accident-case\/#BlogPosting","mainEntityOfPage":"https:\/\/butlerfirm.com\/blog\/court-orders-insurance-company-to-produce-recorded-statement-in-car-accident-case\/","headline":"Court Orders Insurance Company to Produce Recorded Statement in Car Accident Case","name":"Court Orders Insurance Company to Produce Recorded Statement in Car Accident Case","description":"Butler Kahn recently obtained an order compelling an insurance company to produce the recorded statement of its insured in a\u00a0car accident case. Car Accident Facts The facts of the case are similar to many disputed liability car accident cases. The firm\u2019s client entered an intersection after her traffic light changed green.\u00a0Seconds later, another car blew… Continue reading Court Orders Insurance Company to Produce Recorded Statement in Car Accident Case<\/span><\/a>","datePublished":"2020-07-15","dateModified":"2026-04-17","author":{"@type":"Person","@id":"https:\/\/butlerfirm.com\/blog\/author\/matt-kahn\/#Person","name":"Matt Kahn","url":"https:\/\/butlerfirm.com\/blog\/author\/matt-kahn\/","identifier":25,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/e04949bdf1f2184cdeab337bb39535a4c17c4beb3ad3cd47e5524b20b38274a9?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/e04949bdf1f2184cdeab337bb39535a4c17c4beb3ad3cd47e5524b20b38274a9?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Butler Kahn","logo":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","width":210,"height":93}},"image":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/07\/2019-07-15-Matt-Kahn-professional-suit-tie-259x300.jpg","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/07\/2019-07-15-Matt-Kahn-professional-suit-tie-259x300.jpg","height":"300","width":"259"},"url":"https:\/\/butlerfirm.com\/blog\/court-orders-insurance-company-to-produce-recorded-statement-in-car-accident-case\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=IwYCK4qBv8c#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=IwYCK4qBv8c","name":"Car Accident Case: Court Orders At-Fault Driver's Insurance Company to Produce Recorded Statement","description":"In this car accident case, we thought the at-fault driver was texting and driving, so we asked the insurance company to send us a copy of the recorded statement that the at-fault driver had given them. They refused.\n\nThat seemed suspicious, so we filed a Motion to Compel with the Court. The Judge agreed with us and entered a favorable Order requiring the insurance company to produce the recorded statement.\n\nFor more, see our blog post: https:\/\/butlerfirm.com\/court-orders-insurance-company-to-produce-recorded-statement-in-car-accident-case\/.","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/IwYCK4qBv8c\/default.jpg","https:\/\/i.ytimg.com\/vi\/IwYCK4qBv8c\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/IwYCK4qBv8c\/hqdefault.jpg"],"uploadDate":"2020-07-15T22:00:59+00:00","duration":"PT1M24S","embedUrl":"https:\/\/www.youtube.com\/embed\/IwYCK4qBv8c","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw#Organization","url":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw","name":"Butler Kahn","description":"We help people and families.\n\nOur firm specializes in personal injury and wrongful death cases. We are based in Atlanta, Georgia. We handle cases across Georgia and, for certain types of cases, all across the country.\n\nTOP-QUALITY LEGAL WORK. We do the work that lots of law firms skip. We track down witnesses, dig into the evidence, and prepare intensely for every deposition, trial, and hearing. We take a small number of cases so that we can devote our full attention to the clients we represent.\n\nPERSONAL SERVICE. If you hire us, you get us. You won't get blocked by a receptionist or leave unreturned messages. If you want to speak with your lawyer, you can.\n\nDOING WHAT WE SAY WE'LL DO. Some law firms make big promises at the beginning, then don\u2019t follow through. We shoot straight \u2013 when we tell you something about your case, good or bad, we mean it. No fake promises.\n\nButler Kahn\n10 Lenox Pointe\nAtlanta, GA 30324\n678-940-1444\n","logo":{"url":"https:\/\/yt3.ggpht.com\/NTOsbNEALVOnRbUCg7jUzYGcC4kNKsUTEVHm5TtiTQdLlfFKksLTnmiZG_t6zDG_e4ygtnva=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=IwYCK4qBv8c#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=IwYCK4qBv8c#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=IwYCK4qBv8c&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=IwYCK4qBv8c#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":264}]]},"about":["Car Accident"],"wordCount":589,"articleBody":"Butler Kahn recently obtained an order compelling an insurance company to produce the recorded statement of its insured in a\u00a0car accident case.Car Accident FactsThe facts of the case are similar to many disputed liability car accident cases. The firm\u2019s client entered an intersection after her traffic light changed green.\u00a0Seconds later, another car blew through the red light into the same intersection, causing a serious collision.\u00a0The investigating officer found the other driver to be at-fault, but did not issue a citation.The firm filed a lawsuit against the at-fault driver. After obtaining the at-fault driver\u2019s cell phone records, we took her deposition. During the deposition we locked down the specific times the at-fault driver was operating her car, as well as the time of the accident.\u00a0Importantly, the at-fault driver testified that she was not\u00a0texting while driving\u00a0and that she called her mom about fifteen minutes after the accident.The records told another story. The records confirmed that the at-fault driver made a phone call to her mom about fifteen minutes after the accident, but they also showed that the driver was consistently sending and receiving text messages during the time leading up to the accident.\u00a0In fact, the text messages stopped exactly at the time of the accident.Insurance Company\u2019s Recorded StatementAfter locking down the timeline, we requested the at-fault driver\u2019s recorded statement from the insurance company.\u00a0We explained\u2014and the insurer ultimately conceded\u2014that the recorded statement was relevant to Plaintiff\u2019s claims for \u201cbad faith\u201d and \u201cstubborn litigiousness\u201d under O.C.G.A. \u00a7 13-6-11.\u00a0Specifically, the recorded statement would support a claim of bad faith if it showed that she was texting while driving and would support a claim of stubborn litigiousness if the recorded statement contained facts tending to show liability, but the insurance company, nonetheless, denied liability. However, the insurance company refused to provide the recorded statement and asserted protection under the \u201cwork product doctrine.\u201dThe work product doctrine protects materials that were prepared in \u201canticipation of litigation.\u201d We explained to the insurance company that the recorded statement could not be work product because it was not taken in anticipation of litigation, but rather, as part of the insurance company\u2019s routine investigation of the claim. The insurance company still refused to provide the recorded statement, so we filed a motion to compel. Court\u2019s RulingThe Court refused to accept the insurance company\u2019s position that all recorded statements of insureds are protected from disclosure by work product.\u00a0Instead, the Court found that \u201c[s]tatements routinely obtained as a standard practice of investigating accidents are not protected.\u201d 6\/29\/20 Order.\u00a0The Court found that the recorded statement in our case was not taken in anticipation of litigation since it was taken as part of a routine investigation. Specifically, the insurance company\u2019s records showed that it took its insured\u2019s recorded statement before the firm\u2019s client even contacted the insurance company to open a claim.The recorded statement of the at-fault driver is relevant in every case for a number of reasons. Whether the recorded statement is protected by the work product doctrine is a question of fact based on whether the insurance company anticipated litigation.\u00a0Generally, a statement is not made in anticipation of litigation where it was taken before the insurance company hears from the claimant.\u00a0Plaintiffs should request the at-fault driver\u2019s recorded statement in every case.A copy of the Court\u2019s Order is available online\u00a0here.-Matt Kahn"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/butlerfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Court Orders Insurance Company to Produce Recorded Statement in Car Accident Case","item":"https:\/\/butlerfirm.com\/blog\/court-orders-insurance-company-to-produce-recorded-statement-in-car-accident-case\/#breadcrumbitem"}]}]