Chapter 3 Investigation of Liability
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1 Chapter 3 Investigation of Liability 2015_GA_Personal Injury_Interiors.indd 61
2 3-000 After notifying the appropriate parties of your client s claim, you need to send requests for information concerning the liability of the defendant. You can obtain a number of documents through Open Records Act requests. Under Georgia law, governmental entities are required to provide copies of investigative documents to you pursuant to an Open Records Act request unless there is an exception that protects the documents from disclosure. You should send requests to obtain a copy of the accident/incident report and any investigative reports or records relevant to the claim. Below is a list of the forms in this chapter, as well as a brief summary of when to use them: Letter to Insurer Requesting Client s Recorded Statement -Use this form to request a copy of your client s statement from the defendant s insurer Letter Requesting Accident Report from Police -Use this form to request a motor-vehicle accident report Open Records Act Request to Police for Entire Investigative File -Use this form to request to obtain the complete investigative file from the police Open Records Act Request for 911 Tapes/CAD Report -Use this form to request 911 tapes for the incident Letter Requesting Certified Copy of Guilty Plea -Use this form to obtain a certified guilty plea of the defendant driver Letter to GBI Requesting Autopsy Report -Use this form to request an autopsy report Letter to GBI Requesting Toxicology Reports -Use this form to request a drug or alcohol screen Freedom of Information Act Request to Federal Governmental Entity -Use this form to request records from the federal government Freedom of Information Act Request to Federal Motor Carrier Safety Administration -Use this form to request records on an interstate trucking company Open Records Act Request to MARTA for Elevator/Escalator Incident 62 Library of Georgia Personal Injury Forms, 4th 2015_GA_Personal Injury_Interiors.indd 62
3 -Use this form to request records from MARTA for an elevator/escalator incident Open Records Act Request to Department of Human Resources -Use this form to request records about nursing homes or assisted-living facilities Open Records Act Request to Animal Control -Use this form to request records about a dog s history of violence Open Records Act Request to Police for Criminal History of Property -Use this form to request records when a person is assaulted at a complex Open Records Act Request to Internal Affairs/Police Department for Excessive Force -Use this form to request records after an excessive force incident Open Records Act Request to Department of Labor -Use this form to request records concerning an elevator or escalator Chapter 3 Checklist Library of Georgia Personal Injury Forms, 4th _GA_Personal Injury_Interiors.indd 63
4 3-001 LETTER TO INSURER REQUESTING CLIENT S RECORDED STATEMENT [DATE] [NAME OF INSURANCE COMPANY] [ADDRESS] Re: Claim No.: [INSURANCE CLAIM NUMBER] Insured: [DEFENDANT NAME] Date of Loss: [DATE OF LOSS] Our Client: [CLIENT NAME] Dear [NAME OF ADJUSTER OR INSURANCE COMPANY]: As you are aware, this firm has been retained to represent the interests of [CLIENT NAME] who suffered personal injuries as a result of an incident involving [DEFENDANT NAME]. In the event your company or anyone on your behalf has taken any statements, recorded, written or otherwise from [CLIENT NAME], please accept this letter as a formal request for copies of any such statements. If you have any questions, please do not hesitate to call. Sincerely, [ATTORNEY NAME] 64 Library of Georgia Personal Injury Forms, 4th 2015_GA_Personal Injury_Interiors.indd 64
5 3-002 LETTER REQUESTING ACCIDENT REPORT FROM POLICE [DATE] [NAME OF POLICE DEPARTMENT] [ADDRESS] RE: Georgia Open Records Act Request Date of Accident: [DATE OF COLLISION] Our Client: [CLIENT NAME] DOB: [DATE OF BIRTH] Dear Sir/Madame: This law firm represents [CLIENT NAME] in a claim arising from an automobile collision that occurred at [LOCATION] on [DATE]. Pursuant to O.C.G.A , the Georgia Open Records Act, we hereby request the following: the Georgia Motor Vehicle Accident Report from this collision. We have enclosed payment of $5.00 to cover the cost of the accident report. If you have any questions, please do not hesitate to call. Sincerely, [ATTORNEY NAME] Library of Georgia Personal Injury Forms, 4th _GA_Personal Injury_Interiors.indd 65
6 3-003 OPEN RECORDS ACT REQUEST TO POLICE FOR ENTIRE INVESTIGATIVE FILE [DATE] [NAME OF POLICE DEPARTMENT] [ADDRESS] RE: Georgia Open Records Act Request Date of Accident: [DATE OF COLLISION] Our Client: [CLIENT NAME] Accident Report No.: [ACCIDENT REPORT NUMBER] Dear Sir/Madame: This law firm represents [CLIENT NAME] in a claim arising from an automobile collision that occurred at [DESCRIPTION OF LOCATION] on [DATE]. A copy of the Georgia Motor Vehicle Accident Report is enclosed. Pursuant to O.C.G.A , the Georgia Open Records Act, we hereby request your entire investigative file including the following: a. 911 tapes; b. 911 CAD reports; c. photographs; d. witness statements; e. inspection reports; f. videotapes; g. drawings; h. scene diagrams; i. total station survey; j. audio recordings; k. test results; 66 Library of Georgia Personal Injury Forms, 4th 2015_GA_Personal Injury_Interiors.indd 66
7 l. computer data; m. witness information; n. any documents generated or obtained relating to this incident. As I am sure you are aware, O.C.G.A (f) requires individuals in control of public records to respond to requests for documents within three business days, or provide a written description of all available records and documents together with a timetable for their inspection and copying. The individual in control of such public record or records shall have a reasonable amount of time to determine whether or not the record or records requested are subject to access under this article and to permit inspection and copying. In no event shall this time exceed three business days. Where responsive records exist that are not available within three business days of the request, a written description of such records, together with a timetable for their inspection and copying, shall be provided within that period. O.C.G.A (f). We understand that the production may take longer, so please just let us know if there will be a substantial delay. We look forward to your response. Sincerely, [ATTORNEY NAME] Enclosure Library of Georgia Personal Injury Forms, 4th _GA_Personal Injury_Interiors.indd 67
8 3-004 OPEN RECORDS ACT REQUEST FOR 911 TAPES/CAD REPORT [DATE] 911 Call Center [COUNTY NAME] [ADDRESS] RE: Georgia Open Records Act Request Date of Accident: [DATE OF ACCIDENT] Our Client: [CLIENT NAME] Dear Sir/Madame: This law firm represents [CLIENT NAME] in a claim arising from an automobile collision that occurred at [DESCRIPTION OF LOCATION] on [DATE]. A copy of the Georgia Motor Vehicle Accident Report is enclosed. Pursuant to O.C.G.A , the Georgia Open Records Act, we hereby request the following: All audio tapes and/or transcripts in your possession of 911 calls made to your center on the date of the accident relating to the subject collision in the above-referenced matter. As I am sure you are aware, O.C.G.A (f) requires individuals in control of public records to respond to requests for documents within three business days, or provide a written description of all available records and documents together with a timetable for their inspection and copying. We understand that this may take longer, so please just let us know if there will be a substantial delay. The individual in control of such public record or records shall have a reasonable amount of time to determine whether or not the record or records requested are subject to access 68 Library of Georgia Personal Injury Forms, 4th 2015_GA_Personal Injury_Interiors.indd 68
9 under this article and to permit inspection and copying. In no event shall this time exceed three business days. Where responsive records exist that are not available within three business days of the request, a written description of such records, together with a timetable for their inspection and copying, shall be provided within that period. O.C.G.A (f). We look forward to your response. If we are responsible for any copying fees, we will be glad to reimburse you. Sincerely, [ATTORNEY NAME] Enclosure Library of Georgia Personal Injury Forms, 4th _GA_Personal Injury_Interiors.indd 69 3/27/15 7:44:10 PM
10 3-005 LETTER REQUESTING CERTIFIED COPY OF GUILTY PLEA [DATE] [NAME OF TRAFFIC COURT] [ADDRESS] Re: Georgia Open Records Act Request Defendant: [DEFENDANT NAME] Date of Accident: [DATE OF ACCIDENT] Dear Sir/Madame: This law firm represents [CLIENT NAME] in a claim arising from an automobile collision that occurred at [LOCATION] on [DATE]. A copy of the Georgia Motor Vehicle Accident Report is enclosed. Pursuant to O.C.G.A , the Georgia Open Records Act, we hereby request the following: a certified copy of the defendant s plea to any charges related to this incident. As I am sure you are aware, O.C.G.A (f) requires individuals in control of public records to respond to requests for documents within three business days, or provide a written description of all available records and documents together with a timetable for their inspection and copying. We understand that this may take longer, so please just let us know if there will be a substantial delay. The individual in control of such public record or records shall have a reasonable amount of time to determine whether or not the record or records requested are subject to access under this article and to permit inspection and copying. In no event shall this time exceed three business days. Where responsive records exist that are not available within three 70 Library of Georgia Personal Injury Forms, 4th 2015_GA_Personal Injury_Interiors.indd 70 3/27/15 7:44:10 PM
11 business days of the request, a written description of such records, together with a timetable for their inspection and copying, shall be provided within that period. O.C.G.A (f). We look forward to your response. If we are responsible for any copying fees, we will be glad to reimburse you. Sincerely, [ATTORNEY NAME] Enclosure Library of Georgia Personal Injury Forms, 4th _GA_Personal Injury_Interiors.indd 71 3/27/15 7:44:10 PM
12 3-006 LETTER TO GBI REQUESTING AUTOPSY REPORT [DATE] Open Records Unit Georgia Bureau of Investigation 3121 Panthersville Road Decatur, Georgia Re: Georgia Open Records Act Request Date of Accident: [DATE OF ACCIDENT] Decedent: [DECEDENT NAME] DOB: [DECEDENT S DATE OF BIRTH] Dear Sir/Madame: This law firm represents the family of [DECEDENT NAME] in a wrongful death claim arising from [DESCRIPTION OF INCIDENT] that occurred at [DESCRIPTION OF LOCATION] on [DATE] in which [DECEDENT NAME] was killed. A copy of the incident report is enclosed. Pursuant to O.C.G.A , the Georgia Open Records Act, we hereby request the following: The autopsy report for [DECEDENT NAME], including all related documents, reports, charts, photographs and other material documented by your office. As I am sure you are aware, O.C.G.A (f) requires individuals in control of public records to respond to requests for documents within three business days, or provide a written description of all available records and documents together with a timetable for their inspection and copying. However, we understand that this may take longer than the designated three days. Please just let us know if there will be a substantial delay. 72 Library of Georgia Personal Injury Forms, 4th 2015_GA_Personal Injury_Interiors.indd 72 3/27/15 7:44:10 PM
13 The individual in control of such public record or records shall have a reasonable amount of time to determine whether or not the record or records requested are subject to access under this article and to permit inspection and copying. In no event shall this time exceed three business days. Where responsive records exist that are not available within three business days of the request, a written description of such records, together with a timetable for their inspection and copying, shall be provided within that period. O.C.G.A (f). We look forward to your response. Sincerely, [ATTORNEY NAME] Library of Georgia Personal Injury Forms, 4th _GA_Personal Injury_Interiors.indd 73 3/27/15 7:44:10 PM
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