August 18, 2025
Incident Reports Are Discoverable
In the majority of personal injury cases, the Defendant has made an incident report at the time of the incident or may do one after the incident to document the events for their internal policy requirements or for their insurance carrier’s requirements. If you or someone you care about has been injured in an accident, our Roseville, CA car accident lawyer is available to help. Manzoor Law Firm, Inc is dedicated to helping people who are injured by the negligence of others.
These incident reports have material facts that are relevant to Plaintiff’s case in chief and may also be relevant to Defendant’s case in chief. These reports also may have third-party witnesses who may have witnessed the incident or may have personal knowledge of post-incident facts.
Discovery And Attorney-Client Privilege
Once litigation is started and a Plaintiff asks for the incident report in discovery, the majority of the time, the Defendant objects to this demand based on attorney-client privilege. The burden of proof is on the Defendant to prove that the incident report was drafted by the Defendant for their attorney, in order for Defendant to maintain their attorney-client privilege.
The Plaintiff’s attorney should also be ready to scrutinize the Defendant’s objection and to make sure that these incident reports were meant for Defendant’s attorney (the dominant purpose) for attorney work product. Defense attorneys have to meet the dominant purpose standard in order to maintain privilege. Finally, Plaintiff should make sure that the attorney-client privilege was not already waived by the Defendant, by communicating the content of the incident report with Plaintiff.
California Courts Legal Standard
Our California courts have held the following legal standard in determining whether Defendants have attorney-client privilege over the incident reports.
Unless otherwise limited by order of the court in accordance with [the discovery statutes], any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action … if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. Discovery may relate to the claim or defense of the party seeking discovery or of any other party to the action….” (See Stewart v. Colonial Western Agency, Inc. (2001) 87 Cal.App.4th 1006, 1012-13.)
“For discovery purposes, information is relevant if it ‘might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settlement….’ [Citation.] Admissibility is not the test and information unless privileged, is discoverable if it might reasonably lead to admissible evidence. [Citation.] These rules are applied liberally in favor of discovery [citation], and (contrary to popular belief), fishing expeditions are permissible in some cases.” (Id. at 1013.)
Work Product And Privilege Exceptions
Under CCP § 2018.030 which states:
(a) A writing that reflects an attorney’s impressions, conclusions, opinions, or legal research or theories is not discoverable under any circumstances.
(b) The work product of an attorney, other than a writing described in subdivision (a), is not discoverable unless the court determines that denial of discovery will unfairly prejudice the party seeking discovery in preparing that party’s claim or defense or will result in an injustice.
It is not enough for a party to assert that something is protected as privileged, but rather the burden is on the party asserting the objection to prove the preliminary facts that show a privilege or protection applies. (See Mize v. Atchison, T. & S. F. ry. Co. (1975) 46 Cal.App.3d 436, 447.)
Supreme Court On Attorney-Client Privilege
In D. I. Chadbourne, Inc. v. Superior Court of San Francisco (1964) 60 Cal.2d 723 our Supreme court held:
It is well settled that a communication is not protected by the attorney-client privilege, even when made in the course of professional employment, unless the client intends that it be treated in confidence ( Solon v. Lichtenstein, 39 Cal.2d 75, 79 ). (Id. at 732) For it is the client, and not the attorney, who may claim the privilege (§ 1881, subd. 2). (ibid.) And that which was not privileged in the first instance may not be made so merely by subsequent delivery to the attorney ( San Francisco Unified Sch. Dist. v. Superior Court , 55 Cal.2d 451, 457; Holm v. Superior Court, supra, 42 Cal.2d 500, 507-508) (ibid.)
When these basic rules are applied to the usual corporate situation, a question arises as to whether the employee who was called upon to make a report or statement intended the same to be in confidence; or, if he had no specific intent, whether he was required by the corporation to make a statement, and (if so) whether the corporation’s intent to transmit in confidence to its attorney is sufficient to supply the necessary element of original intent to communicate in confidence? (Id. at 733) At this point, the questions become embroiled in the concept of making privileged that which was not privileged in the first instance. (ibid.)
The attorney-client privilege protects the statement of a corporate employee obtained for the purpose of transmitting it to the employer’s attorney, holds (insofar as this point is concerned) merely that a statement required of an employee for two or more purposes, one of which would bring it within the attorney-client privilege, will be protected as privileged if that is determined to be the dominant purpose of making the statement in the first instance. (ibid.)
. . .
Another principle that may affect this problem is the rule that even where a communication is privileged in the first instance, the privilege may be waived by failure to maintain confidentiality. (id. at 735) Thus, where the client communicates with his attorney in the presence of other persons who have no interest in the matter, or where he communicates in confidence but later breaches that confidence himself, he is held to have waived the privilege ( McKnew v. Superior Court, 23 Cal.2d 58; Marshall v. Marshall, 140 Cal.App.2d 475., (ibid.)
If, in the case of the employee last mentioned, the employer requires (by standing rule or otherwise) that the employee make a report, the privilege of that report is to be determined by the employer’s purpose in requiring the same; that is to say, if the employer directs the making of the report for confidential transmittal to its attorney, the communication may be privileged. (Id. at 737) When the corporate employer has more than one purpose in directing such an employee to make such a report or statement, the dominant purpose will control, unless the secondary use is such that confidentiality has been waived. (ibid.)
For such purpose an insurance company with which the employer carries indemnity insurance, and its duly appointed agents, are agents of the employer corporation; but the extent to which this doctrine may be carried, and the number of hands through which the communication may travel without losing confidentiality must always depend on reason and the particular facts of the case. (ibid.)
And in all corporate employer-employee situations it must be borne in mind that it is the intent of the person from whom the information emanates that originally governs its confidentiality (and hence its privilege); thus where the employee who has not been expressly directed by his employer to make a statement, does not know that his statement is sought on a confidential basis (or knowing that fact does not intend it to be confidential), the intent of the party receiving and transmitting that statement cannot control the question of privilege. (Id. at 738)
Where an employer requires employees to prepare a report with the dominant purpose of transmission to the employer’s attorneys, the attorney-client privilege will protect the report from disclosure to opposing parties. (Scripps Health v. Superior Court (2003) 109 Cal.App.4th 529, 535-536.)
Plaintiff Counsel’s Approach To Defendant’s Objection
Thus when a Defendant objects to disclosing the incident report, Plaintiff’s counsel should not be disheartened by Defendant’s objection. They should make sure that the Defendant has maintained confidentiality of the incident report and the confidentiality has not already been waived- and that the incident report’s dominant purpose was to be transmitted to the attorney for litigation purposes.
If you or someone you love has been injured in an accident the dedicated team at Manzoor Law Firm, Inc can provide legal guidance and advice.
Common Questions About Car Accident Law
Car accidents frequently result in financial challenges, physical harm, and confusion about the next steps to take. Knowing how to take the right legal steps can make a difference in recovering fair compensation and protecting long-term interests. At Manzoor Law Office, the team helps clients handle the full process of filing claims, communicating with insurers, and securing compensation for losses such as medical bills or vehicle damage. Working with our trusted Roseville, CA car accident lawyer helps accident victims move forward with confidence and clarity.
What Should I Do First After A Car Accident To Start A Claim?
After a car accident, safety and documentation are the top priorities. Contact local authorities, exchange information with other drivers, and take photos of the vehicles and scene. Seeking medical attention right away is also important, even for minor injuries, since medical records are often used as evidence later. Once these steps are complete, the next step is notifying the insurance company and beginning the claims process. Speaking with our Roseville car accident lawyer early can help organize the documentation needed and prevent mistakes during the initial filing.
How Long Do I Have To File A Car Accident Claim In My State?
Every state sets a specific time limit, called the statute of limitations, which defines how long someone has to file a car accident claim. In California, most claims must be filed within two years of the accident date, though exceptions can apply in certain cases involving government vehicles or delayed injuries. Acting quickly allows more time for gathering evidence, speaking with witnesses, and reviewing insurance coverage. Our car accident attorney can help confirm deadlines and avoid missing the opportunity to pursue compensation.
Can I File A Claim If The Accident Was Partly My Fault?
Yes, it is possible to recover compensation even if partial fault exists. California follows a comparative fault system, which means that compensation is adjusted based on each party’s percentage of responsibility. For example, if someone is found 20 percent at fault, their compensation would be reduced by that amount. Insurance companies often use this rule to lower payouts, so working with our personal injury lawyer helps protect fair recovery and ensures that fault is properly evaluated based on the evidence.
What Information Do I Need To File A Car Accident Claim?
Filing a successful car accident claim requires specific documentation. This includes the police report, photos of the scene, witness contact details, medical records, repair estimates, and proof of income loss. Keeping all communication with insurance representatives and healthcare providers organized is essential. These records provide a clear picture of how the accident occurred and the extent of the damages. Working with our motor vehicle accident attorney can help compile and present this information effectively, improving the claim’s strength.
How Do I Deal With An Insurance Adjuster After A Car Accident?
Insurance adjusters represent the insurer’s interests, so it is important to be careful when providing statements or signing documents. Stick to the facts, avoid speculation about fault, and never agree to a settlement before reviewing the total cost of damages and medical expenses. Adjusters may request recorded statements, but these can later be used to reduce claim value. Seeking legal guidance before communicating in detail with an adjuster can help avoid mistakes that impact compensation. Working with an experienced Roseville car accident lawyer offers support throughout discussions and negotiations.
Moving Forward After A Car Accident
Partnering with our Roseville car accident lawyer can simplify the claims process and strengthen the case for fair compensation. The team at Manzoor Law Office is known for its thorough case preparation and responsive communication, helping clients understand each stage of their claim. For those facing the challenges of an auto accident, now is the time to seek trusted legal guidance and take the next step toward recovery. Manzoor Law Firm, Inc is available to discuss your case and help pursue the compensation you deserve.
