Can Car Insurance Companies Check Phone Records?
Last Updated on August 28, 2020
When you have a car insurance claim, your car insurance company may request many different types of information from you. One of the things that car insurance companies sometimes ask for is phone records. It is important that you understand what information you are responsible for providing, and when to take action against your insurance company.
Can insurance companies check your phone records? Do you have to give your phone records to the insurance company if they request them? Below, we’re explaining everything you need to know about phone records and car insurance claims.
Reasons Car Insurance Companies Ask for Phone Records
Car insurance companies ask for phone records after a claim has been filed for one primary reason. The car insurance company probably believes that there has been some type of wrongdoing on your behalf. They could suspect insurance fraud and an invalid claim, or they could suspect that you caused the incident by being on your cell phone at the time of the accident.
What to Do When Asked
If you are asked for phone records by your car insurance company, you have to decide what action you will take on the request. You have three different options when it comes to providing your car insurance company with phone records. If the car insurance company is the one requesting the records and a lawsuit has not been filed, you have several options.
Provide the Records
If you know that you are not doing anything wrong and the accident was not your fault, you may consider simply providing the phone records. Providing your car insurance company with the information they are requesting could speed up the processing of your claim and get you back on the road quicker.
Deny the Records
You do not have to give your car insurance company your phone records if it is simply a request from the company. You can deny their request outright and demand that they process your claim. If they will not process your claim without them, you may be able to take further action against the car insurance company to get them to process your claim.
Ask for a Revision of the Request
If you are not worried about the car insurance company finding any wrongdoing but feel that the request from the insurance company is too broad, you can request a revision of the dates and times that they are requesting. Simply tell the insurance representative that you will be willing to provide them with pertinent phone records, but only from the date and time of the accident.
When You Have to Provide Phone Records
There are some situations in which you have no choice but to provide the car insurance company with phone records. If a lawsuit has been filed against you or the insurance company, your phone records can be subpoenaed. This requires a lawyer to go to a judge and request that you be mandated to provide your phone records from specific times and dates. If this warrant is provided, you have no choice but to provide your phone records.
What to Do If You’re Being Denied
If your claim is being denied due to phone records, there might be more actions that you can take against the car insurance company. The government requires that car insurance companies act in good faith. This means that if they do not have reasonable requests or demands, or if they do not have a really good reason for denying your claim, they must process it quickly and efficiently, with or without phone records.
If you suspect that your car insurance company is trying to get out of paying your claim, you can take action against them. First, if they are acting in bad faith and refusing to pay your claim or they are not acting in a reasonable manner, you can sue them to get them to cover your damages. Many lawyers in these cases work on contingency, meaning that you pay nothing upfront to have an attorney represent you in bad faith car insurance lawsuits.
Another avenue that you have to take is to report them to your state’s insurance department or commission. Every state has a department that oversees insurance carriers, including car insurance. If your car insurance company is not acting reasonably or falsely denies your claim without good cause, you can report them to this oversight department. Often the department will demand that the car insurance company promptly pay your claim or provide reasonable evidence as to why they shouldn’t.
Final Word on Insurance Companies Requesting Phone Records
The bottom line is that your car insurance company can request your phone records, but in most cases, you are not obligated to provide them. Car insurance companies will often try to avoid paying out claims because it hurts their bottom line. If you run into problems like these, even if your claim is eventually paid you may want to think about looking around for a different car insurance company for the future.