After you've been in a car accident, the insurance company might ask you to sign a release that allows them to access your cell phone records. Generally speaking you're not required to turn over your cell phone records to anyone (not your own insurance company OR the other driver's insurance company) unless a lawsuit has been filed.
Should You Turn Over Your Cell Phone Records?
You don't have to, but should you? No. Do NOT give your cell phone records to the insurance company. The reason insurance adjusters ask for these records is because they're looking for a reason to blame you for the accident. They want to see if you made any calls around the time of the wreck, which could indicate that you were distracted at the time.
It's in your best interest to deny these records to the insurance company.
If the Insurance Adjuster Insists They Need Your Records
Remember, if a lawsuit has been filed then you could be required to turn your cell phone records over. Otherwise, you don't have to.
Often, adjusters will make it seem like they need your cell records to finish the claims process. This isn't correct. Don't be fooled into handing over your cell phone records if you don't have to. You can tell the insurance adjuster that you've been advised not to hand over the records. If they persist, ask them "Am I required by law to give you my records?" When they tell you no, that should be the end of the discussion.
What If a Lawsuit Is Filed?
Sometimes, both parties involved in an accident (you and the other driver and your insurance companies) can't come to an agreement on the fair amount that should be paid in compensation. So, if you're hit by another driver but their insurance company doesn't want to pay for the damage, you might file a lawsuit.
If a lawsuit is filed, you may be required to turn over your cell phone records at some point. However, a lawyer can advise you on the proper time for this. Talk to a lawyer about your unique case. The more complex a personal injury case becomes, the more likely that a qualified attorney will be able to add value to the case.
Do You Need a Lawyer?
If you have questions about your accident case, contact the Anderson Law Firm at 817-294-1900. All consultations are free.