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Can Car Insurance Companies Request Phone Records After a Car Accident?


Under certain circumstances, car insurance companies may request phone records. You can take action to protect your privacy.

With the advent of technology, car insurance companies have become more sophisticated in gathering information about policyholders. In particular, some insurance companies have started to use cell phone records to help determine rates and coverage. However, can an insurance company request cell phone records after a car accident? Yes. However, before handing over any information, speaking with an experienced car accident attorney is in your best interests.

man reviewing phone records

Why Would Your Car Insurance Company Request Your Phone Records?

There are a few reasons why your insurance company might want to see your cell phone records. For example, after a car accident, the insurance company may want to check whether or not you were using your phone at the time of the accident. They will generally use this information to determine whether or not you were distracted driving and, as a result, liable for the accident.

Your insurance company may also request your phone records to check for behavior patterns that could lead to accidents. For instance, if you frequently use your phone while driving, the insurance company may deem you a high-risk driver and charge you accordingly.

How Can the Insurance Company Use Your Cell Phone Records?

Your insurance company can use cell phone records in a few ways. One, they may request the call logs from your cell phone provider to check whether or not you were using your phone at the time of the accident.

The insurance company may also request access to your text messages and social media accounts to look for evidence of distracted driving.

Lastly, the insurance company may request access to your location data to track your movements before the accident. This information can be used to piece together a picture of what happened and who was at fault.

Are You Obliged to Provide Your Cell Phone Records to the Insurance Company?

Generally, you’re not obliged to provide your cell phone records to the insurance company. However, if you have signed a contract with the insurance company that includes a clause allowing them to request such information, you may be obliged to provide it.

Additionally, if you are involved in a lawsuit, the court may order you to hand over your cell phone records.

Speak with an experienced St. Louis car accident attorney before you speak with any claims adjusters and before handing over any documents. Your attorney can help ensure your legal rights are protected after an accident.

Can My Refusal to Provide My Cell Phone Records Be Used Against Me?

Suppose you were involved in a car accident and refused to hand over your cell phone records. In that case, the insurance company could argue that you were using your phone at the time of the accident and were, therefore, liable for the accident. They may also say you were trying to hide something by refusing to provide your cell phone records.

How Can I Protect My Privacy?

You can take steps to protect your privacy from insurance companies requesting your cell phone records.

One, your attorney can help you check your contract with the insurance company to see if a clause allows them to request such information. If there is such a clause, your attorney may be able to negotiate with the insurance company to have it removed.

It’s imperative to proceed cautiously and speak with an experienced attorney before providing your insurance company with any information, especially if you are still unsure what you agree. Remember, insurance companies are making money and will often use whatever information they can get their hands on to try and minimize their payout.

Free Consultation with a St. Louis Car Accident Lawyer

Don’t talk to an insurance claims adjuster before speaking with The Hoffmann Law Firm, L.L.C. We can help you avoid making statements that may affect the outcome of your case. The consultation is free; you don’t pay unless we get you money!

Updated: February 20, 2023