With the rise in accidents due to distracted driving across the United States, insurance companies are now asking some customers to submit their phone records to determine if they were using a cell phone at the time of an accident. These records are then being used to determine fault. As a result, customers may see a rise in rates, denial or underpayment of claims and even policy revocation.
Although insurance companies cannot legally obtain your phone records without a court order, there have been reports of customers being asked to divulge their phone records voluntarily. The insurance companies tell the customers that they will be able to subpoena them in court anyway (true) so they should just hand them over (not true). Unless you are directed by a court or the police to hand over your cell phone records, you have no legal obligation to do so.
Why Are Insurance Companies Doing This?
Although there is no nationwide policy against cell phone use while driving, many states have adopted laws that make talking or texting (or both) illegal while operating a vehicle. In 2008 alone, nearly 6,000 people died in crashes that involved a distracted driver, according the National Highway Transportation Safety Administration (NHTSA). Further, the NHTSA reports that cell phone use while driving decreases brain activity by 37 percent, increasing your risk of an accident. For all of these reasons and more, insurance companies are very interested in cell phone usage at the time of an accident.
If a distracted driver has injured you in an accident or your insurance company is trying to deny your claim because of cell phone use, you must contact a dependable attorney in Modesto today. These companies have huge legal teams working on their behalf and you should have someone on your side working just as hard.
