ACCIDENT REPORT PRIVILEGE DOES NOT PRECLUDE DISCOVERY OF STATEMENTS MADE BY INDIVIDUALS IN ACCIDENT FOR PURPOSES OF COMPLETING REPORT–WHILE SUCH STATEMENTS ARE INADMISSIBLE AT TRIAL, THEY ARE SUBJECT TO DISCOVERY–STATUTE MAKES PROTECTED INFORMATION INADMISSIBLE, BUT NOT PRIVILEGED.
Anderson v. Mitchell, 44 Fla. L. Weekly D899 (Fla. 2nd DCA April 5, 2019):
Defendant sought certiorari review of an order overruling his objections to certain deposition questions, and compelling additional depositions, in an automobile accident case. The defendant asserted that the accident report privilege set forth in section 316.006(4) precluded the discovery of statements made by individuals involved in the accident, for the purpose of completing a crash report.
The court ruled that the accident report privilege is not a true privilege precluding the disclosure of statements. Instead, it is a law of admissibility, precluding the use of the statement at trial. As such, the court ruled the statements were in fact subject to discovery.