What Is a Deposition in a Car Accident Case? What to Expect

If your car accident case proceeds to litigation, you will almost certainly be deposed. For many clients, the deposition is the most intimidating part of the legal process — but with proper preparation, it is very manageable. Here's exactly what to expect.

What Is a Deposition?

A deposition is a formal question-and-answer session where you give sworn, recorded testimony outside of court. A court reporter transcribes every word, creating a written transcript. In some cases, video depositions are taken.

Depositions serve two purposes for the defense:

• Discovery — learning what you know, what you'll say at trial, and probing for weaknesses in your case
• Locking in testimony — if you say something different at trial, the defense can use your deposition transcript to impeach you

Who Is Present at a Deposition?

• You (the deponent)
• Your attorney
• The defense attorney (who will ask most questions)
• A court reporter
• Occasionally a videographer
• Insurance company representatives may attend but usually do not question you

The deposition typically takes place at a law office — usually the defense attorney's office or a neutral conference room.

What Will They Ask You?

Defense attorneys follow a fairly predictable script in injury depositions:

Background and Personal History

• Name, address, employment history, education
• Prior accidents, injuries, and medical history
• Social media accounts and online activity

The Accident

• Where were you going? What route were you taking?
• What happened immediately before the impact?
• Where exactly were you hit? What did you see and hear?
• What did you do after the crash? What did you say to the other driver?

Your Injuries and Treatment

• What injuries did you sustain? When did symptoms first appear?
• Every doctor, chiropractor, therapist you've seen
• How has your daily life changed? What can't you do now?
• Prior injuries to the same body parts

The Golden Rules of Deposition Testimony

1. Listen to the complete question before answering — don't rush to respond
2. Answer only what was asked — do not volunteer additional information
3. "I don't know" and "I don't recall" are complete, valid answers — use them when true
4. Ask for clarification if a question is unclear — never guess what they mean
5. Pause before answering — this allows your attorney to object and gives you time to think
6. Do not speculate or estimate unless you are genuinely confident in the answer
7. Be honest — inconsistencies between your deposition and trial testimony are devastating
8. Maintain a calm, neutral demeanor — don't argue, show frustration, or try to outsmart the attorney

Your Attorney's Role During the Deposition

Your attorney can object to improper questions — but in California depositions, you generally must still answer after the objection is stated (unless instructed not to answer). Your attorney's objections preserve the record for trial. They will instruct you not to answer only in specific circumstances (privilege, harassment, etc.).

Reviewing the Transcript

After the deposition, you have the right to review the transcript and make a written statement of corrections (an "errata sheet"). This is not an opportunity to change your testimony substantively — only to correct transcription errors and clarify ambiguous answers.