Chapter 3 Investigation of Liability€¦ · This law firm represents [CLIENT NAME] in a claim...

Investigation of Liability

Chapter 3

2015_GA_Personal Injury_Interiors.indd 61 3/27/15 7:44:09 PM

Library of Georgia Personal Injury Forms, 4th INVESTIGATION OF LIABILITY62

3-000

INVESTIGATION OF LIABILITY

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:

3-001 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.

3-002 Letter Requesting Accident Report from Police

-Use this form to request a motor-vehicle accident report.

3-003 Open Records Act Request to Police for Entire Investigative File

-Use this form to request to obtain the complete investigative file from the police.

3-004 Open Records Act Request for 911 Tapes/CAD Report

-Use this form to request 911 tapes for the incident.

3-005 Letter Requesting Certified Copy of Guilty Plea

-Use this form to obtain a certified guilty plea of the defendant driver.

3-006 Letter to GBI Requesting Autopsy Report

-Use this form to request an autopsy report.

3-007 Letter to GBI Requesting Toxicology Reports

-Use this form to request a drug or alcohol screen.

3-008 Freedom of Information Act Request to Federal Governmental Entity

-Use this form to request records from the federal government.

3-009 Freedom of Information Act Request to Federal Motor Carrier Safety Administration

-Use this form to request records on an interstate trucking company.

3-010 Open Records Act Request to MARTA for Elevator/Escalator Incident


Library of Georgia Personal Injury Forms, 4thINVESTIGATION OF LIABILITY 63

-Use this form to request records from MARTA for an elevator/escalator incident.

3-011 Open Records Act Request to Department of Human Resources

-Use this form to request records about nursing homes or assisted-living facilities.

3-012 Open Records Act Request to Animal Control

-Use this form to request records about a dog’s history of violence.

3-013 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.

3-014 Open Records Act Request to Internal Affairs/Police Department for Excessive Force

-Use this form to request records after an excessive force incident.

3-015 Open Records Act Request to Department of Labor

-Use this form to request records concerning an elevator or escalator.

3-016 Chapter 3 Checklist



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]



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]


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. § 50-18-70, 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]



3-003

OPEN RECORDS ACT REQUEST TO POLICE FOR ENTIRE INVESTIGATIVE FILE

[DATE]

[NAME OF POLICE DEPARTMENT]

[ADDRESS]


Date of Accident: [DATE OF COLLISION]


Accident Report No.: [ACCIDENT REPORT NUMBER]

Dear Sir/Madame:


occurred at [DESCRIPTION OF LOCATION] on [DATE]. A copy of the Georgia Motor

Vehicle Accident Report is enclosed. Pursuant to O.C.G.A. § 50-18-70, 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;



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. § 50-18-70(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. § 50-18-70(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



3-004

OPEN RECORDS ACT REQUEST FOR 911 TAPES/CAD REPORT

[DATE]

911 Call Center

[COUNTY NAME]

[ADDRESS]


Date of Accident: [DATE OF ACCIDENT]


Dear Sir/Madame:


occurred at [DESCRIPTION OF LOCATION] on [DATE]. A copy of the Georgia Motor

Vehicle Accident Report is enclosed. Pursuant to O.C.G.A. § 50-18-70, 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.




and copying. We understand that this may take longer, so please just let us know if there will be

a substantial delay.









O.C.G.A. § 50-18-70(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



3-005

LETTER REQUESTING CERTIFIED COPY OF GUILTY PLEA

[DATE]

[NAME OF TRAFFIC COURT]

[ADDRESS]

Re: Georgia Open Records Act Request

Defendant: [DEFENDANT NAME]


Dear Sir/Madame:


occurred at [LOCATION] on [DATE]. A copy of the Georgia Motor Vehicle Accident Report is

enclosed. Pursuant to O.C.G.A. § 50-18-70, 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.




and copying. We understand that this may take longer, so please just let us know if there will be

a substantial delay.









O.C.G.A. § 50-18-70(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



3-006

LETTER TO GBI REQUESTING AUTOPSY REPORT

[DATE]

Open Records Unit

Georgia Bureau of Investigation

3121 Panthersville Road

Decatur, Georgia 30034

Re: Georgia Open Records Act Request


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. § 50-18-70, 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.




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.









O.C.G.A. § 50-18-70(f).

We look forward to your response.

Sincerely,

[ATTORNEY NAME]


Chapter 3 Investigation of Liability€¦ · This law firm represents [CLIENT NAME] in a claim...

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