What is a request for admission?

A request for admission is a question, or series of questions, that asks the other party to admit the truth of the statement. A request for admission is framed as a statement, such as “Admit that you ran the red light.” They can be sent on issues of liability and damages. In an automobile accident case, you may send a request for admission asking the defendant to admit that they ran the red light or stop sign before they struck you. You may ask about certain facts leading up to the accident, such as if they were speeding, inattentive, or not following the rules of the road.

In a bicycle accident, the driver can be asked to admit that he or she did not see the cyclist when they started their left turn, or came upon the cyclist in the bicycle lane. Also, when accidents occur at an intersection, questions about the motorist’s approach to the intersection are usually beneficial. Admit that you did not look at the light as you approached the intersection, or that your attention was focused on the other accident on the side of the road.

In truck accidents, similar questions can be asked about how the accident occurred, but also whether the truck driver followed company policy or overextended his period of allowed driving time. Violations of statutes on the maintenance of vehicles, trucks, and breaking systems can be asserted.

Request for admission can be used to determine if the other party challenges the reasonableness of your treatment and cost of treatment.

If the defendant denies the request for admission, and you later are required to prove it at the time of trial and prevail, many times, the judge will award attorney fees and costs to you if the denial was in bad faith and without any evidence. Therefore, it's useful to submit request for admission.

Of course, a slippery defense attorney can deny request for admissions until just before trial, and then admit the things that they know they cannot win. Unfortunately in our litigious society, defense attorney's cause more grief and delay than a plaintiff's attorney ever would. Remember that a plaintiff's attorney is not paid on an hourly basis like a defense attorney. Therefore, for the most part, they refuse to admit anything until they are absolutely forced to do so in the face of financially sanctions of attorney's fees awarded against their client.

If you've been involved in an accident, and you think you need help, contact an experienced California injury and accident attorney. Call us at 866-981-5596. Our consultations are always free. Your case may benefit from requests for admission. Ask us about it if your case is in litigation.


James Ballidis is the managing attorney for Allen, Flatt, Ballidis & Leslie and has been practicing personal injury law for 25 years.