It was about a year ago. My brother, 32 was in the passenger seat. He has never driven in his life as he is slightly brain damaged from birth and unqualified to drive. He and his date were on their way home when my brother decided to snooze for a moment when they were hit by a dude who, while had been drinking, was not over the .08 limit. Well it was determined that it was his fault regardless of his b.a. level. Well,yesterday my brother received a letter from an attourney saying that all of his psychiatric records are being reliessed to the defense. His past has nothing to do with the fact that he was in an accident where he was a passenger and now needs the bills payed for by the insurance company. It seems like maybe the guy doesn't have insurance or somehow wants to draw attention away from the real issue and bring the easy target (my brother) into it. My first thing is, how did they obtain the historical records of him? and, any advice on how to fight this?
2007-11-25 02:52:51 · 2 answers · asked by Kevin 2 in Politics & Government ➔ Law Enforcement & Police
You guys rock! thank you for the responses. This guy cannot get away with this.
2007-11-25 04:29:00 · update #1
Anybody can sue anybody for anything it is up to the judge/jury to decide if the suit has merit. Don't be discouraged or get upset, a sleeping passenger has very little to worry about civilly. THE DRUNK IS JUST SPENDING A LOT OF MONEY TO DEFLECT THE TRUTH OF HIS ACTIONS
2007-11-25 03:53:07 · answer #1 · answered by jgyorkiepuppies 2 · 3⤊ 0⤋
The medical records are held by your Brothers doctor. The only way they could be obtained is by subpeona. Call the doctors office and ask if this has happened. This process can not usually be done in an automobile accident (especially when he was not driving). A judge is required to sign the subpeona.
2007-11-25 12:11:20 · answer #2 · answered by sensible_man 7 · 4⤊ 0⤋