A deposition is a recorded question-and-answer session where you answer questions under oath before your case goes to trial
A deposition is a formal meeting where the other side's lawyer asks you questions about the accident, your injuries, and your damages claim. You sit in a room with a court reporter who records everything you say. You swear to tell the truth, just as you would in court. The other side uses your deposition to understand your story, find weaknesses in your case, and sometimes pressure you into a lower settlement offer.
Depositions happen after a lawsuit is filed but usually months before trial. They are part of the discovery process—the phase where both sides exchange information. You will likely have a deposition. Your own lawyer will also depose the other driver and any witnesses. The deposition is not the trial; a judge is not present, and you are not being judged. But what you say in a deposition can be used against you in court if your case goes to trial.
Many people find depositions stressful because the other side's lawyer is trying to find holes in your story. That is their job. Knowing what to expect and how to prepare makes the experience less frightening and protects your case.
Key Takeaways
- A deposition is a recorded question-and-answer session under oath, usually held in a lawyer's office months before trial.
- The other side's lawyer will ask you detailed questions about the accident, your injuries, medical treatment, and your damages claim.
- Your own lawyer will be present and can object to unfair questions, but you must answer most questions truthfully.
- Depositions are often used to settle cases: the other side learns your story and may offer more money to avoid trial.
- How you answer—staying calm, not exaggerating, and sticking to what you know—matters as much as what you say.
Who attends and where the deposition happens
A deposition typically takes place in a lawyer's office or a court reporting firm's conference room. Present will be you, your lawyer, the other side's lawyer (or lawyers if multiple defendants are involved), a court reporter, and sometimes a videographer. The other driver may or may not attend their own deposition—many drivers send only their insurance company's lawyer. You do not have to travel far; your lawyer will usually arrange a location convenient to you.
The court reporter swears you in and records every word. Some depositions are also videotaped, which means your appearance, tone, and body language are captured. If your case goes to trial, the jury may watch your deposition video. That is why staying calm and speaking clearly matters.
What the other side's lawyer will ask you
The other side's lawyer will start with background questions: your name, address, occupation, and how you know the people involved. Then they move to the accident itself. They will ask you to describe what happened in detail—where you were, what you were doing, what you saw, what you heard, and what you did. They will ask about road conditions, weather, traffic, and visibility. They will ask whether you were distracted, tired, or impaired. They will ask about your speed and whether you saw the other car coming.
Next, they will ask about your injuries. They will want to know what hurt when ready after the crash, what hurts now, what medical providers you saw, what tests and imaging you had, what diagnoses you received, and what treatment you underwent. They will ask about pain levels, limitations on daily activities, time off work, and whether you have fully recovered. They will ask about any prior injuries to the same body part, because insurance companies use that to argue your current injury is not from the accident.
Finally, they will ask about your damages claim. They will ask how much you are claiming, what that number is based on, whether you have lost wages, what your medical bills total, and whether you have other expenses. They will ask whether you have talked to other people about the case or looked up information online. They will ask whether you have posted about the accident on social media. They will ask about your income, your insurance coverage, and your assets.
How to prepare with your lawyer before the deposition
Meet with your lawyer at least one week before the deposition. Bring all documents related to the accident and your injuries: the police report, photos of the damage, medical records, bills, pay stubs showing lost wages, and any written communications with the other side or their insurance company. Your lawyer will review these with you and explain what they show.
Your lawyer will then conduct a practice deposition. They will ask you the kinds of questions the other side's lawyer will ask. This is not a test you can fail; it is practice. Your lawyer wants to hear how you explain the accident, whether you stay calm under pressure, whether you exaggerate or minimize, and whether you understand your own medical records. They will give you feedback and help you refine your answers. They will tell you which facts help your case and which ones hurt it, so you are not surprised when the other side brings them up.
Ask your lawyer what documents the other side has already obtained. Insurance companies often hire investigators who take photos, interview witnesses, and sometimes follow injured people to see if they are as limited as they claim. If an investigator filmed you, your lawyer needs to tell you before the deposition so you can explain what was happening in that video.
Rules for answering questions at the deposition
You must answer questions truthfully. You are under oath. Lying in a deposition is perjury, a crime that can result in criminal charges separate from your civil case. If you do not know the answer to a question, say "I don't know" or "I don't remember." Do not guess or make something up. If you are not sure what a question means, ask the lawyer to rephrase it. If your lawyer objects to a question, you can still answer it unless your lawyer tells you not to—and your lawyer will only tell you not to answer in rare situations involving attorney-client privilege.
Answer only the question asked. Do not volunteer extra information. If the lawyer asks "Did you see the other car before the collision?" answer "No" or "Yes," not "No, I was looking at my phone and didn't see it coming." The lawyer will follow up with more questions if they want details. Volunteering information gives the other side more ammunition.
Stay calm. The other side's lawyer may ask aggressive questions, repeat questions you have already answered, or challenge your story. This is a tactic to see whether you will get angry, change your story, or say something you do not mean. Take a breath. Pause before answering. Speak slowly and clearly. If you need a break, ask for one.
What happens after the deposition
The court reporter will prepare a transcript—a written record of everything said. Both lawyers will receive a copy. Your lawyer will review it to make sure it is accurate and to see what the other side learned about your case. The other side will do the same.
Depositions often lead to settlement negotiations. Once the other side hears your story under oath, they have a clearer picture of what a jury might award if the case goes to trial. If your deposition went well—you were credible, your injuries are clear, and your damages are well-documented—the other side may offer more money to settle. If your deposition revealed problems with your case, they may offer less or refuse to budge.
Your lawyer will tell you whether the deposition helped or hurt your negotiating position. If settlement talks stall, your case will move toward trial. Your deposition testimony can be used at trial if you are unavailable or if the other side wants to show you said something different than what you say in court.
Common mistakes people make at depositions
Exaggerating your injuries is the most common mistake. If you say your pain is a 10 out of 10 every single day, but your medical records show you attended physical therapy without complaint and returned to work part-time, the other side will use that contradiction to argue you are not as hurt as you claim. Be honest about your pain and limitations. Say what is true: "Some days are worse than others" or "I have good days and bad days."
Changing your story is another major mistake. If you told the police officer one thing about how the accident happened, and you tell the deposition lawyer something different, the other side will use that to argue you are not credible. Stick to the facts as you remember them. If you genuinely misremembered something, say so: "I told the officer that, but thinking about it now, I believe it actually happened this way."
Arguing with the lawyer or getting defensive will hurt you. The jury is not in the room, but if your case goes to trial and your deposition is played, jurors will see you being hostile or evasive. Stay professional and polite, even if the questions feel unfair.
Discussing the case on social media before or after the deposition is dangerous. Insurance companies monitor social media. If you post about your injuries or the accident, the other side will use those posts as evidence. Do not post anything about your case until it is fully settled.
Frequently Asked Questions
Can I refuse to answer a question at my deposition?
You must answer almost all questions truthfully. Your lawyer can object to a question if it is unfair or asks for information protected by attorney-client privilege, but objecting does not mean you get to skip the answer. Your lawyer will tell you if a question is truly off-limits. In most cases, you will answer.
What if I do not remember something the lawyer asks about?
Say "I don't remember" or "I don't know." Do not guess or make something up. If the lawyer shows you a document that refreshes your memory, you can change your answer. Saying you do not remember is not the same as lying, and it is better than giving a wrong answer.
Will my deposition be used against me if my case goes to trial?
Yes, if your case goes to trial, the other side can use your deposition testimony to cross-examine you or to show the jury that you said something different in the deposition than you say in court. That is why consistency and honesty matter. If you testify the same way at trial as you did at the deposition, the other side cannot use it against you.
How long does a deposition usually take?
Most car accident depositions last two to four hours. Complex cases with multiple injuries or disputed facts can take longer. Your lawyer will give you a time estimate based on the facts of your case. Plan to be there longer than you think you will need.
Do I have to attend my deposition in person, or can I do it by video?
Many depositions now happen by video, especially after the pandemic. Your lawyer will arrange this with the other side's lawyer. Video depositions work the same way as in-person ones: you are still under oath, still recorded, and still expected to answer questions. Dress professionally and sit in a quiet, private space.