Can insurance companies check your phone records?

Motor Vehicles Accidents - January 29, 2024

You’ve been in a car accident, perhaps a single-car event, or maybe with another driver. Insurance representatives are asking for information, including access to your phone records. You stop and think–can insurance companies check your phone records? Don’t guess at the answer and potentially give these companies an excuse to deny coverage or put unfair fault on you. Instead, call Horwitz, Horwitz & Associates, and seek guidance from an experienced Chicago car accident lawyer.

Why would an insurance company ask for phone records?

After a car accident, an insurance company might be interested in your phone records to get themselves off the hook for a payout. Illinois operates under modified comparative fault laws, which means victims of accidents can hold other parties financially accountable for damages if the victims are less than 51% responsible for the accident. Their compensation can be reduced according to their percentage of fault even if they meet this standard.

Suppose the at-fault party’s insurance company wants to claim you were using your phone and driving while distracted during the accident. In that case, they can potentially lower their payout or put enough blame on you to avoid responsibility altogether.

If you are in a single-car accident, your insurance company may use the same methods to deny covering the accident. They will claim you are ineligible for compensation if you broke the law during the crash.

How should you respond when insurance companies ask for phone records?

Can insurance companies request phone records? Not only can they request phone details, but they can ask for all sorts of information. However, that doesn’t mean you have to provide it. Before giving any information other than the basic facts surrounding the date, time, and general description of the accident, connect with a Chicago car accident attorney from Horwitz, Horwitz & Associates. Remember, insurance companies are businesses. Unfortunately, even your insurance company is more interested in protecting its bottom line than helping you get the financial relief you need.

What if my insurance company asks for the records?

Your car insurance policy may include language requiring you to turn over your phone records if you make a claim. However, policy language can be hard to understand, so it is best to have your car accident attorney in Chicago review the policy and request before you respond. If your policy doesn’t include language mandating compliance with the request, and the laws of your jurisdiction don’t demand it, you do not have to turn them over unless and until ordered by the court.

What if the other driver’s company asks?

If you’re in an accident with another driver, can their insurance company ask for phone records? They can ask, but you are not obligated to provide your records to a third party’s company. You do not even have to–and should not–speak to the other party’s representatives. Leave those discussions to the team at Horwitz, Horwitz & Associates.

Can insurance companies subpoena phone records?

A subpoena is a legal document requiring someone to appear in court or produce evidence for a case. Insurance companies cannot issue subpoenas on their own. However, companies can ask the court to subpoena your phone records if your car accident involves a lawsuit.

Without a court or policy language requiring you to turn over your records, the insurance company can only access them legally if you consent. Do not give this consent without first speaking with a car accident lawyer in Chicago.

Let us handle your phone records

Can an insurance company pull your phone records? It depends. Is the company in question representing you or another driver? Does your policy allow them access? Have you been issued a subpoena? Rather than risk answering any of these questions incorrectly and jeopardizing your claim, call (800) 985-1819 or send a message to schedule a free consultation with a Chicago car accident lawyer from Horwitz, Horwitz & Associates. We have the answers you need.