Litigation and Questioning (Examination for Discovery) – Step #5

Aug 28, 2024 | Litigation

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This is the 5th instalment of our series on the typical litigation process following a car accident. In this edition, Questioning.

‘Questioning’ is an opportunity for the lawyer for the other driver’s insurance company to ask you questions about the collision, your injuries, treatment and recovery (or lack thereof). There are two primary purposes for the Defence lawyer to Question you. The first purpose is to assess the ‘exposure’ in terms of the quantum of the claim. The second purpose is to obtain statements from you that they can use against you if the matter ever went to trial.

The date for the Questioning will likely be 3 to 6 months after your lawyer has received the Statement of Defence from the insurance company’s lawyer. A date will be chosen where all of the people involved are available (you, the Defendant and both your lawyer and the Defendant’s lawyer).

A typical list of questions asked by the Defence lawyer could include (but not limited to) the following examples:

INTRODUCTION

  1. State full name for record
  2. You are the Plaintiff/Defendant name in Action No.: _______________ in the Court of Queen’s Bench of Alberta, Judicial District of _____________
  3. Taken oath to tell the truth and will do so?
  4. Present address?
  5. Same address at time of accident?
  6. Age and date of birth?
  7. Married?
  8. Any children or other dependants?

INVOLVEMENT

  1. Involved in motor vehicle accident on ___________________
  2. What time?
  3. What kind of vehicle (make, model, year)?
  4. Who was the owner?
  5. Who was the driver?
  6. Any passengers?
  7. Paying or gratuitous?

CONDITION OF THE VEHICLE

  1. When was the vehicle purchased?
  2. New or second hand?
  3. Purchase price?
  4. Condition at time of accident?
  5. Vehicle involved in previous accidents?
  6. How many?
  7. When?
  8. Previous damage still evident?
  9. When was vehicle last serviced?
  10. By whom?
  11. What type of work?
  12. What parts replaced?
  13. At time of accident, how were the:
  14. Brakes?
  15. Brake lights?
  16. Signal lights?
  17. Tires?
  18. Windshield and windows?
  19. Headlights?

CONDITION OF DRIVER

  1. Hold a valid driver’s license?
  2. For how many years?
  3. Taken any driving courses?
  4. Any restrictions?
  5. Restrictions observed?
  6. Required to wear glasses?
  7. Wearing them at time of accident?
  8. When had prescription last been checked/changed?
  9. Any illness or physical disability affecting driving?
  10. Consumed any alcohol or drugs?
  11. Physical condition that day?

 

DAY’S ACTIVITIES

  1. The night before?
  2. What time rise?
  3. What do during day?
  4. Where coming from?
  5. What time depart?
  6. What time supposed to be at destination?
  7. What route taken?
  8. Familiar with route?
  9. How often traveled?
  10. In a hurry?

ACCIDENT SCENE

  1. Location?
  2. Weather eg. clear, sunny overcast?
  3. Facing the sun?
  4. Sun affecting visibility?
  5. Condition of road eg. wet, icy?
  6. Topography?
  7. Number of lanes each way?
  8. Lane markings/centre line?
  9. Traffic signs/signals?
  10. Point of impact?
  11. Distance to nearest intersection?

 

SEAT BELTS

  1. Wearing a seat belt?
  2. Lap and/or shoulder style?
  3. Was belt available?
  4. Was belt in operating condition?
  5. Did belt restrain?

 

ACCIDENT

  1. Describe what happened
  2. When first notice other vehicle?
  3. What lane were you in?
  4. What direction of travel?
  5. Any other traffic?  Where?
  6. What observations of other vehicles?
  7. Your speed?
  8. Speed of other vehicle?
  9. When first realize going to be a collision?
  10. What efforts to avoid collision?
  11. Activities in care before eg. smoking, radio, tape-deck, talking?
  12. Where did vehicle stop after impact?
  13. Move vehicles after impact?

 

IMPACT

  1. What happened at moment of impact?
  2. What happened to you?
  3. Thrown forward/sideways?
  4. Hit anything?
  5. Anything hit you?

 

AFTER THE ACCIDENT

  1. Conversations?
  2. With others in vehicle
  3. With other driver
  4. With witnesses – names
  5. Were police called?
  6. By whom?
  7. When did they arrive?
  8. Conversation with police?
  9. Give a written statement
  10. Convicted of any offence?

 

VEHICLE REPAIRS

  1. Was vehicle repaired?
  2. When?
  3. Where?
  4. Nature of repairs?
  5. Was vehicle replaced?
  6. When decision made to total loss?
  7. When replaced?

 

Contact Conway Law Below

Read this entire series available here:

Ten Steps in the Litigation Process