The insurance companies do not ask for phone records at the time of purchase of an insurance coverage. They only request for the phone records when a driver is involved in an accident and has made claims. The companies use the records to blame you for the accident. Therefore, it would be in your best interests to deny them the cell records. It is not a requirement to give your phone records to the insurer unless it is a court directive.
How Cell Phones Cause Car Accidents
Anyone using a phone or any other device while driving may cause an accident at any time. The hands-free devices are a source of distraction to the drivers since all their thoughts and concentration is off the road. Use of a phone while driving is against the law in most of the cities in the United States. Most of the states require a driver to pull off the road to make a call.
When does Insurance Companies Ask for the Phone Records
Policyholders would be obliged to turn over the phone records if the policy documents that they signed during the purchase required them to provide one. That applies when one needs their claim settled by their insurance provider. Therefore, you should always read the insurance documents before signing them to determine whether you agree with most of their rules.
When they suspect your involvement in fraud
Theft, fire, and vandalism on your car may lead to further investigations by the insurance companies. There have been situations where some policyholders are involved in the disappearance of a car to get compensations. Additionally, some policyholders may have purchased a comprehensive coverage probably one week or a month before the loss of a car. Such coverage raises the fraud suspicion among the insurance companies leading to a request for phone records, and other documents.
A court order
If you are “at fault” in an accident, the other party may file a lawsuit to acquire compensations for the property damage. If the court suspects you were distracted during or slightly before an accident, they may issue a subpoena or a court order to obtain your phone records from the phone company. In this case, the phone records prove your location and time when the distracted driver was using his cell phone.
Policyholders may not know the reasons for the request of the phone record by the insurance company. Therefore, the driver should enquire why they require one before making a submission. Most insurance providers do not provide the specific documents that they have the right to review in their clauses. You may consider comparing the information about different insurers to obtain one that gives accurate information about providing documents. The providers may deny your claim hence the need for cooperation. You may consider seeking advice from an attorney about your situation.
Lawsuits and the Role of an Insurance Attorney
A lawsuit applies when the insurance company of the “at fault driver” does not want to cover the damages. You might require a representation by an attorney if the other driver suffered serious injuries. In this case, the attorney of the other driver may obtain a subpoena to acquire your phone records from the phone company. A phone company may honor the subpoena and give the phone records or object to it. At this point, you may also consider seeking representation from your attorney who would work in quashing the subpoena delivered to the phone carrier.
When a policyholder is a suspect for his car theft or total damage, the insurance company may conduct interviews to determine whether they are liable for the accident. They may also extend some questions to friends and other family members. Remember that the company would be looking for a reason to blame you for the accident. Therefore, you should always give the right correct and precise answers. Third parties are not entitled to interviews though their refusal to question may lead to a denial of the claim.
Use of cell phone causes one out of every four accidents in the United States. The insurance companies should not get your phone records at any time without your consent. Remember that no law requires you to provide any records to the insurance company if you do not have to. If the use of a cell phone is the primary cause of an accident, it may lead to an increase in premium rates. Therefore, you should consider shopping around to get the company that would provide favorable rates after an accident.