Can My Car Insurance Company Request My Phone Records? | Chaffin Luhana
After a car accident, your car insurance company will likely ask you for information, and this may include your cell phone records. You are not required to give this to your insurer unless ordered to do so by a court, but refusing may affect your claim.
Before deciding, it is advisable to obtain legal advice. A pittsburgh car accident attorney from our firm will review your case and advise you of your options.
Reading: Why a car insurance assessor looking for cell phones records
car accidents and phone records
Insurance companies want cell phone records from drivers so they can determine if the person was on the phone at the time of the accident. Distracted driving is one of the leading causes of car accidents.
The insurer wants to show that the driver is at fault for the accident because he was distracted.
If you weren’t on the phone, you can decide to allow the insurance company access to your records. however, keep in mind that the insurer is always looking for a reason to deny a claim. In addition, your privacy rights are also a concern.
If you weren’t using your phone when the accident happened, you can ask the insurance company to review your claim. this would allow them to receive cell phone records only as of the date of the accident and the time the crash occurred.
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the insurance adjuster
An insurance adjuster may tell a driver that cell phone records are necessary for claims processing. that is generally not true.
In some cases, the insurance policy you signed when you purchased coverage may include a requirement to turn over phone records after a claim. That is why it is essential to always read the fine print.
If the adjuster insists these records are required, let them know that your attorney advised you not to do so, if that is correct.
Telephone Records and Claim Denial
However, providing cell phone records, if you know the phone was not in use at the time of the accident, could speed up the processing of your claim. Failure to provide the requested records could result in a claim denial, but then there are actions you can take against the insurance company.
You may have grounds to sue the insurance company if you believe it is acting in bad faith and does not want to pay your claim. a lawyer can give you advice on whether this is an option.
If the insurer denies your claim without good cause, reporting the company to the pennsylvania department of insurance is another alternative. this agency will determine if the insurance company acted in good faith or will require evidence of why your claim was denied.
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when are cell phone records required
However, when either driver files a personal injury claim against the other, the court may order the cell phone records to be released.
An attorney appears before a judge and requests that cell phone records be provided for a specific date and time period. if the judge agrees, an order is issued and disclosure of the phone records becomes mandatory.
Your attorney can prove that you can quash a subpoena for the disclosure of your cell phone records. voiding a citation means that it is no longer valid and your cell phone provider is not required to respond.
contact us at chaffin luhana
If you have been involved in a car accident and are having problems with your insurance company, you need the services of an experienced Pittsburgh car accident attorney. Schedule a free consultation by calling or texting 24/7 or by filling out our online form.
Our dedicated attorneys have recovered more than a billion dollars for clients in settlements and verdicts. Since we work on a contingency basis, there is no fee unless we win compensation for you.
An insurance adjuster may tell a driver that cell phone records are necessary to process the claim. that is generally not true. In some cases, the insurance policy you signed when you purchased coverage may include a requirement to turn over phone records after a claim. When either driver files a personal injury lawsuit against the other, the court can order the cell phone records to be released. his attorney can show that he can quash a subpoena for the disclosure of his cell phone records. nullifying a subpoena means that it is no longer valid and your mobile carrier is not required to respond.”, “datecreated”: “2020-02-08t12:11z”, “upvotecount”: 0, “url”: ” https://www.chaffinluhana.com/pittsburgh/auto-accidents/can-my-car-insurance-company-request-my-phone-records/”, “author”: { “@type”: “organization”, “name”: “chaffin luhana” } } } }
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