Can car insurance companies check phone records? (2024 Laws)
Can car insurance companies check phone records? Yes, they can after an accident if a claim is filed. Insurers may issue a subpoena to obtain phone records to investigate claims of distraction, which occur in about 20% of accidents. Always remember to drive safe and save—your safety is paramount.
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Chris Abrams
Licensed Insurance Agent
Chris is the founder of Abrams Insurance Solutions and Marcan Insurance, which provide personal financial analysis and planning services for families and small businesses across the U.S. His companies represent nearly 100 of the top-rated insurance companies. Chris has been a licensed insurance agent since 2009 and has active insurance licenses in all 50 U.S. states and D.C. Chris works tireles...
Licensed Insurance Agent
UPDATED: Oct 20, 2024
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UPDATED: Oct 20, 2024
It’s all about you. We want to help you make the right car insurance coverage choices.
Advertiser Disclosure: We strive to help you make confident car insurance decisions. Comparison shopping should be easy. We are not affiliated with any one car insurance company and cannot guarantee quotes from any single company.
Our car insurance industry partnerships don’t influence our content. Our opinions are our own. To compare quotes from many different car insurance companies please enter your ZIP code on this page to use the free quote tool. The more quotes you compare, the more chances to save.
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Can car insurance companies check phone records? Car insurance companies can check phone records under specific circumstances, particularly after an accident. If you file a claim, insurers may issue a subpoena to obtain your phone records to investigate whether you were distracted while driving.
Distracted driving is a significant concern, contributing to approximately 20% of all accidents, which makes phone usage a critical factor in determining fault. Understanding how this process works can help you navigate the claims procedure more effectively.
It’s important to know that you will be notified if your insurance company seeks access to your phone records, and you should review your insurance declarations page to understand your rights regarding privacy and information sharing.
Always consult with an attorney if you have concerns about providing your information. Compare coverage options from top car insurance companies today. Enter your ZIP code above to explore available resources in your area.
- Car insurance companies can access phone records after an accident claim
- Distracted driving from phone use causes 20% of all auto accidents today
- You will be notified if your insurer requests access to your phone records
What information is gathered after an auto accident?
If you are involved in an auto accident with any kind of substantial damage, there will likely be a claim filed by the injured driver. The insurance company will want to try to determine which driver was at fault or responsible for the accident.
One of the ways to figure this out is to see whether a driver was distracted, such as by talking or texting on a cell phone, leading up to the crash.
After a claim is filed, a court case may result if the claim is not settled immediately.
If the case makes its way to court, then it is possible for an insurance company to issue a subpoena to the phone company to try to get access to phone records and figure out what caused the car accident.
If you are worried about the insurance company getting a copy of your phone records, then you have most likely been involved in an auto accident.
The reason that the insurance company may want to see your phone records is to find out whether you were distracted while driving and whether that contributed to the actual accident.
If the other driver’s auto insurance company asks you directly for a copy of your phone records, then you should not produce this without an order from the court or unless your attorney advises you to do so.
You should not communicate directly with the other driver’s auto insurance company because anything you say could be used against you in a future lawsuit if filed.
While your auto insurance company may provide you a defense if you are sued by another driver for an auto accident, they are only responsible for paying out up to your insurance policy limits.
If the damages that the other driver is seeking exceed your policy limits, then you may want to hire your own attorney to defend your assets in court.
The good news is that most auto insurance claims from an accident are settled without requiring any litigation.
For claims that involve very serious personal injuries, the odds of the claim making its way to court are much higher because the injured party will seek to recover for both medical expenses and damage to their vehicle.
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What’s the importance of having adequate policy limits?
Being in a situation where you are facing potential litigation after a car accident will make you think hard about your auto insurance policy limits.
If the amount that the other driver is awarded by the court is greater than the limits of your car insurance policy, then it is your responsibility to cover the difference.
This is an important consideration when you are shopping for a car insurance policy. In getting different rate quotes for car insurance, you need to be sure that you are not simply jumping on the cheapest option.
If you do, you may find yourself digging deep into your own pockets later on after an auto accident.
The much more prudent approach is to make sure that you have adequate policy limits before you sign up for auto insurance. You can even take a look at your current policy limits to see if it makes sense to increase your protection.
You may be surprised at how affordable it really is to increase your policy limits.
To help offset any increase in your car insurance premium as a result of bumping up your policy limits, you could always opt for a higher deductible.
Your premium will be lowered, and you will know exactly how much you will need to pay for your deductible to file an insurance claim under a comprehensive or collision insurance policy.
Can car insurance companies check your phone records?
The occasion for which you may be concerned about a car insurance company looking into your phone records probably involves an accident and a claim.
If a lawsuit has already been filed regarding the accident, then the insurance company may get a subpoena and serve it on your phone company to get access to your phone records.
If you retain a separate attorney, you could object to the subpoena. The insurance company may be trying to determine whether you were talking on your cell phone leading up to or during an accident.
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Chris Abrams
Licensed Insurance Agent
Chris is the founder of Abrams Insurance Solutions and Marcan Insurance, which provide personal financial analysis and planning services for families and small businesses across the U.S. His companies represent nearly 100 of the top-rated insurance companies. Chris has been a licensed insurance agent since 2009 and has active insurance licenses in all 50 U.S. states and D.C. Chris works tireles...
Licensed Insurance Agent
Editorial Guidelines: We are a free online resource for anyone interested in learning more about auto insurance. Our goal is to be an objective, third-party resource for everything auto insurance related. We update our site regularly, and all content is reviewed by auto insurance experts.