A subpoena in an accident insurance claim means the insurance company or the other party's lawyer wants you to testify or produce documents under oath

A subpoena is a court order requiring you to appear at a specific time and place to answer questions, usually under oath, or to hand over documents related to your claim. In accident insurance cases, either the insurance company investigating your claim or the other party's attorney may issue one. You cannot ignore it — failing to respond can result in fines or other court penalties, even if you think the request is unfair.

The subpoena will arrive by mail, email, or in person and will state exactly what is being asked of you: whether you need to appear in court or a deposition (a recorded question-and-answer session), what documents you must bring, and the date and time. Read it carefully. The important date to respond is usually printed on the document itself.

You have the right to object to parts of a subpoena if they ask for something unreasonable or protected by law — for example, conversations with your doctor or attorney. But you must file that objection with the court before the important date, not straightforward ignore the subpoena.

Key Takeaways

  • A subpoena is a court order, and you must respond by the important date stated on the document or face legal penalties.
  • You can object to requests that violate privacy or attorney-client privilege, but you must file the objection in writing with the court before the important date.
  • Bring all documents the subpoena asks for, arrive on time, and answer questions truthfully — lying under oath is a crime.
  • If you cannot attend the scheduled date, contact the attorney who issued the subpoena when ready to request a postponement in writing.
  • Your insurance company's attorney can sometimes appear on your behalf or help you prepare, so contact your claims adjuster as soon as you receive the subpoena.

Types of subpoenas you may receive

A subpoena to testify requires you to appear in person at a trial, hearing, or deposition and answer questions under oath. A deposition is the most common type in insurance claims — it is a recorded conversation, usually in a lawyer's office, where you answer questions from both sides' attorneys. Depositions typically last two to four hours but can be longer depending on the complexity of the claim.

A subpoena duces tecum (Latin for "bring with you") asks you to produce documents or physical evidence. This might include medical records, photographs, repair estimates, text messages, emails, or your phone records. You may be asked to bring these to a deposition, mail them to the court, or hand them to an attorney. The subpoena will specify which documents and where to send them.

Some subpoenas ask for both — you testify and bring documents. Read the entire document to understand what is required of you.

What documents the subpoena may ask for

Insurance companies and attorneys commonly request medical records related to your injuries, including hospital discharge summaries, doctor's notes, physical therapy records, and prescription histories. They may also ask for any prior medical records from the years before the accident to establish your health baseline. Gather these from each provider you saw and be prepared to explain any gaps in treatment.

Accident-related documents are standard: photographs of the scene and vehicle damage, repair estimates and invoices, police reports, witness contact information, and any written communication with the other driver. If you have a dash cam recording or security footage, that will be requested too.

Personal documents may include your employment records (to show lost wages), tax returns, bank statements, insurance policies, and communications with your insurance company. Some subpoenas ask for social media posts or photos from around the time of the accident — insurers use these to check whether your stated injuries match your activity level.

You do not have to produce documents that are protected by law. Medical records shared with your attorney as part of preparing your case, or conversations with your attorney about strategy, are protected by attorney-client privilege and can be withheld. Similarly, documents prepared by your attorney specifically for litigation (called work product) are usually protected. If you believe a request violates these protections, discuss it with your attorney before the important date.

How to respond to a subpoena

First, contact your insurance company's claims adjuster or attorney when ready after receiving the subpoena. Tell them the date, time, and what is being asked. They may send their own attorney to represent you at a deposition, or they may advise you on how to respond. Do not assume you are on your own — your policy may cover legal representation for this.

If you received a subpoena to testify, mark the date and time on your calendar and plan to arrive 15 minutes early. Bring a photo ID and any documents the subpoena lists. Wear neat, professional clothing — you are answering questions under oath, and your appearance matters to how you are perceived. If the subpoena asks you to bring originals of documents, bring those; if copies are acceptable, the subpoena will say so.

If you cannot attend on the scheduled date, contact the attorney who issued the subpoena in writing as soon as possible — do not wait until the last minute. Explain why you cannot attend and request a different date. The attorney may agree, or they may ask the court to compel your attendance. Ignoring the request and not showing up is not an option.

If the subpoena asks for documents only (no testimony), gather everything requested, make copies for your records, and deliver them by the important date. Include a cover letter listing what you are sending. Keep proof of delivery — email confirmation, certified mail receipt, or a signed acknowledgment from the attorney's office.

What happens during a deposition

A deposition is a question-and-answer session recorded by a court reporter. You will be sworn in, meaning you promise to tell the truth. The other party's attorney will ask you questions first, then your own insurance company's attorney (if present) may ask follow-up questions. The whole session is transcribed and can be used later in court or to settle the claim.

Answer only what is asked — do not volunteer extra information. If you do not understand a question, say so and ask for clarification. If you do not know the answer, say "I don't know" rather than guessing. Do not argue with the attorney or become defensive; stay calm and professional. If your attorney is present, they may object to certain questions, but you still answer unless they tell you not to.

Bring water and ask for breaks if you need them. The deposition can be stopped and resumed. Do not discuss your testimony with anyone except your attorney until the deposition is complete.

Objecting to an unreasonable subpoena

If a subpoena asks for something that violates your privacy, is protected by law, or is so broad that complying would be unreasonably burdensome, you can file a written objection with the court. You must do this before the important date on the subpoena — usually 14 to 21 days from when you received it. Waiting until the last day or after the important date has passed weakens your position.

Common grounds for objection include requests for medical records unrelated to your injury, financial information that has nothing to do with the claim, or documents protected by attorney-client privilege. You do not need a lawyer to file an objection, but one can help you word it correctly. Contact your insurance company's attorney first — they may file the objection on your behalf.

Even if you object, you may still be required to produce some or all of the documents. The court decides whether your objection is valid. If the court overrules your objection, you must comply with the original important date or a new one the court sets.

Your rights during the subpoena process

You have the right to know in advance what you will be asked about. Before a deposition, you can ask the attorney issuing the subpoena for a list of topics. You also have the right to have your own attorney present at a deposition, though you may need to pay for them if your insurance company does not cover it.

You cannot be punished for truthful testimony, even if that testimony hurts your claim. However, you can be punished for lying under oath — that is perjury, a criminal offense. You also cannot be retaliated against for complying with a subpoena. If you lose your job or face other harm because you took time off to testify, that may be illegal retaliation.

If you believe a subpoena is being used to harass you or is clearly unreasonable, discuss this with your attorney. They can file a motion to quash (cancel) the subpoena or ask the court to limit its scope.

Frequently Asked Questions

What if I throw away the subpoena or pretend I never received it?

The court can hold you in contempt, which means you can be fined or even jailed until you comply. The attorney who issued the subpoena can also ask the court to issue a warrant for your arrest. Ignoring a subpoena is far more costly than responding to it, even if you think the request is unfair.

Can my insurance company's attorney represent me at a deposition?

Your insurance company's attorney can attend and may object to certain questions on your behalf, but they represent the insurance company, not you personally. If you want your own separate attorney, you will usually need to hire and pay for one yourself, unless your policy covers it. Ask your claims adjuster whether representation is covered.

Do I have to answer every question asked at a deposition?

You must answer truthfully, but your attorney can object to questions that are improper — for example, asking you to speculate about something you do not know. If your attorney objects, you still answer unless they instruct you not to. You can also refuse to answer if the question asks for information protected by attorney-client privilege or doctor-patient confidentiality.

What if I do not have all the documents the subpoena asks for?

Bring what you have and explain in writing what you cannot locate and why. For example, if the subpoena asks for text messages from three years ago and your phone was replaced, explain that. Do not fabricate documents or make up information. If documents have been lost or destroyed, say so clearly.

Can I be subpoenaed more than once in the same claim?

Yes. You might be deposed once during investigation and again before trial. Each subpoena is a separate court order with its own important date. Respond to each one as you would the first.