Attendance at a Questioning on Undertaking Responses is almost identical to the process that I have described here.

The main difference between a Questioning on Undertaking Responses and a regular Questioning is the extent to which the Defendant’s insurance lawyer can ask you questions. At a ‘regular’ Questioning, the Defendant’s insurance lawyer can ask you questions about your pre-accident health, the car accident, your injuries, any treatment that you’ve had and any other consequential damages (such as income loss or out-of-pocket expenses). These questions will  often be related to all of the documents that you listed in your Affidavit of Records and have produced to the other side as being relevant and material to your injury claims.

At a Questioning on Undertaking Responses, the Defendant’s insurance lawyer is much more limited in the type and number of questions that can be asked of you. Unlike the original Questioning where the Defendant’s insurance lawyer has access to all documents that are relevant and material to your car accident injuries, at a Questioning on answers to Undertakings, the Defendant’s insurance lawyer is limited to asking questions on the documents that have been produced as part of your answers to Undertakings.

At a Questioning on Undertaking Responses the Defendant’s insurance lawyer can only ask you questions that directly relate to your answers to the Undertakings that you gave at the original Questioning. Your lawyer will likely object to any questions by the Defendant’s insurance lawyer that goes outside of any of the answers that you gave to the Undertakings. Some of your answers to Undertakings will be written answers to questions that you were unable to answer at the Questioning but were able to find out about subsequently. Other answers to Undertakings will simply be additional documents that you’ve been able to obtain from doctors and treatment providers that you did not have at the original Questioning.

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