Leslie Kasperowicz holds a BA in Social Sciences from the University of Winnipeg. She spent several years as a Farmers Insurance CSR, gaining a solid understanding of insurance products including home, life, auto, and commercial and working directly with insurance customers to understand their needs. She has since used that knowledge in her more than ten years as a writer, largely in the insurance...

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UPDATED: Sep 13, 2021

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Important facts to know...

  • The car insurance company would have no reason to check your phone records during the underwriting process of deciding whether to offer you an auto insurance policy and how much to charge you for it
  • The main reason why a car insurance company would be curious regarding your phone records is if you are involved in a car crash that involves some sort of accusation of distracted driving
  • In many states, it is illegal to drive while operating a cell phone with your hands, so the insurance company may want to know if you were using your phone at the time of an auto accident
  • You are not obligated to turn over your phone records unless you are ordered by the court to do so or they are requested as a part of the discovery process in a case
  • Your attorney may be able to get a subpoena for phone records quashed if they are not relevant to the case at hand

It is often the case that car accidents involving major damage and injuries end up being fought out in court. If you have a case that goes to court, the other driver’s auto insurance company will want to show that their insured driver was not the cause of the accident.

They might try to do this by showing that you were a distracted driver because you were using your phone before or during the crash. That’s why call log details, or even the emails that may have been sent at the time of the accident, could be the breakthrough they need, and the reason why a car insurance company would try to get access to your phone records.

They’re going to want to see if you were using your phone at the time of the incident. This could include both incoming calls and outgoing calls, and whether or not you were surfing the internet, sending an email, or using your phone for anything else within the time period surrounding the accident.

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How could a car insurance company access your phone records?

The general way that a car insurance company would go about getting a copy of a driver’s cell phone records would be to serve a subpoena to the driver’s cell phone company.

The phone carrier would then either object to the subpoena or respond with a copy of the requested cell phone records. The only cell phone records that would be relevant to the case at hand are the ones immediately before and during the car accident. They won’t just check for phone calls, but also texts and other usage details as well. And no one is going to care what the message content was; the only thing that matters is whether or not you were on your phone and are considered at-fault.

If you are at a point where your case is going to court, then you will want to speak with an attorney immediately about your options in preventing the insurance company from getting access to your phone records.

Your own car insurance company may have supplied you with an attorney who would be able to fight on your behalf to have the subpoena to the phone company quashed. This means that the court would order that the subpoena is no longer valid and that the phone company would not have to respond to it.

This is a good occasion to remember that distracted driving is extremely dangerous. If you must take a phone call, or do anything else on your phone while driving, it is best to pull off of the road or only use a hands-free device.

You can prevent accidents and avoid injuries by making sure that you are paying attention at all times when behind the wheel. Sending an email or making phone calls while driving can be incredibly dangerous, and bad for your service since you could end up paying more after being found guilty.

By keeping your phone usage while driving to a non-existent period of time, you won’t be considered high-risk. This is great for your car insurance rates because it means that you will be less likely to be involved in a crash and subsequently have your rates go up.

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What are the options for auto insurance after a major car accident?

If you do not have a good experience in dealing with your auto insurance company following a major auto accident, then this might be a great time to consider working with another car insurance provider.

You can find another provider by comparing rates among companies online. You will get an idea of the rates you could expect as well as the range of companies that provide coverage in your zip code.

Once you receive a range of rates to compare, you can start to dig deeper into each insurance company that you are interested in pursuing. Start by asking your friends, neighbors and family members if they have had any experience with the car insurance company that you are considering.

Reputation is important because you do not want to find yourself stuck with a car insurance company that is difficult to work with and does not take care of your needs.

If you are in a major accident that is not your fault, this does not mean that your car insurance rate will go up automatically. The vast majority of auto insurance companies do not hold the fact that another driver caused an accident against you when figuring out the rate that you will need to pay.

If your rate does go up after a major accident, this is another good reason to look into other car insurance companies for coverage options.

How does your auto insurance company work?

If you are involved in a car accident that results in serious property damage or personal injuries, there is a good chance that it will end up in court to litigate how damages should be awarded.

As part of the process, the auto insurance company of the other driver may try to get access to your phone records. Your attorney may be able to file a motion to quash a subpoena to the phone company for your records.

The main issue that the insurance company would be trying to prove is that you were on your phone and distracted right before an accident occurred.

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