1LAW Logo

When Opposing Counsel Asks for Your Social Security Number

Start a free AI-assisted chat and connect with an experienced Florida attorney, with no obligation.

JV

Reviewed & verified by A. Jason Velez, Esq.*

Founding Attorney, 1LAW · Last reviewed September 27, 2022

Legal Inquiry

Consumer Legal Issue

Is it legal for the attorney representing the other parties of the accident to ask for my Social Security number?

Attorney Answer

Yes, the other side's lawyer may ask — the request itself is ordinary and is not improper. Whether you have to give it is a different question, and the answer turns on how the request was made, not on who made it.

Start with why they ask. In an injury claim, the defense lawyer and the insurer behind them usually want identifying information for routine claim-handling reasons: confirming they are dealing with the right person, checking claim-history databases, running the health-benefit and government-lien checks that have to be cleared before any settlement can be paid, and verifying lost-wage figures. None of that is evidence of bad faith on their part.

The form of the request is what matters. An informal request — a phone call, a letter, an adjuster's form — is exactly that. You may decline it, ask what it is for, or offer less than the full number. A formal discovery request in a filed lawsuit is a different animal: it carries deadlines, and a court can rule on objections and enter an order limiting how the information is used or who sees it. Deciding whether to object, and on what ground, is a legal choice with consequences for the case, so it belongs with a lawyer rather than with a guess.

There is also a middle path that gets overlooked. A request tied to a stated, specific purpose — a lien check, a wage verification — can often be satisfied with less than the whole number, or by having the information go directly to the entity that needs it rather than to opposing counsel. Asking what the number is for is not obstruction; it is how you find out whether there is a narrower way to answer.

Two cautions that have nothing to do with legal subtlety. First, confirm who is actually asking. Letters and calls that imitate a claim file are common, and a request for a Social Security number from someone you have not independently verified is a reason to stop, not to comply quickly. Look up the firm's number yourself rather than using the one in the letter. Second, do not send the number by unsecured email or text message, and do not read it out to a phone number you did not confirm.

Finally, if you already have your own lawyer in this claim, this is not yours to solve. Forward it to them and let them answer it.

What you can do

1. Do not give the number out until you have confirmed who is asking, using contact information you looked up yourself.

2. Ask, in writing, what the number is needed for and whether this is a formal discovery request in a filed lawsuit or an informal request in the claim.

3. Keep a copy of the request and of your reply. A short written trail settles most later disputes about what was asked and when.

4. If you have a lawyer, send it to them the day it arrives.

5. If you do not, ask a Florida attorney whether you must answer, whether partial information will do, and whether a protective order fits your situation. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page.

⏱ Time limits apply. The underlying claim runs under Fla. Stat. § 95.11, and which period applies depends on the date of the accident: for accidents before March 24, 2023, the former four-year period applied, and the Legislature shortened the period for accidents after that date. If a lawsuit has already been filed, a discovery request carries its own deadline set by the rules and the court, and that deadline is measured in days, not years — missing it can waive objections you would otherwise have. Do not take a date from this page; have a Florida attorney confirm the deadlines that apply to your facts.

*Attorney review is supported by AI-assisted drafting and legal research algorithms. Use of this Chat does not create an attorney-client relationship.

By using this service you agree to our Terms of Use and our Privacy Policy.

Courts & Legal Aid in Florida

Frequently Asked Questions

Is it legal for the other side's attorney to ask for a Social Security number in an accident claim?

Asking is not itself improper, and it is a common request. Insurers and defense lawyers use identifying information to confirm identity, check claim-history databases, run the health-benefit and government-lien checks that must be cleared before a settlement can be paid, and verify lost-wage claims. Whether the person asked has to answer is a separate question that depends on whether the request is an informal one in the claim or a formal discovery request in a filed lawsuit, where objections and protective orders are available and deadlines apply.

What is the difference between an informal request and a discovery request?

An informal request is made in the claim, usually by an adjuster or a lawyer by letter, call or form. There is no court behind it, and it can be declined, questioned, or answered in part. A discovery request is made in a filed lawsuit under the rules of procedure. It carries a response deadline, an unanswered request can have consequences, and a court can rule on objections or enter an order limiting how the information is used and who may see it. Deciding how to respond to a formal request is a legal choice and is best made with a lawyer.

How should someone handle a request for sensitive personal information in a claim?

Verify first, then narrow. Confirm who is asking using contact information you look up independently rather than the number in the letter, because requests that imitate a claim file are a known fraud pattern. Ask in writing what the information is for; a request tied to a stated purpose can often be satisfied with less than the full number, or by sending the information directly to the entity that needs it. Do not transmit it by unsecured email or text. If you are represented, forward the request to your own lawyer instead of answering it yourself.

Privacy Policy Terms of Use Your Privacy Choices