When Can a Car Insurance Company Ask for My Phone Records After an Accident?

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A car accident can happen in a matter of seconds. However, the process of recovering damages can be long and frustrating for a victim. During the process, the insurer may ask for a wide range of information including your cell phone records to investigate your actions during the accident.

As a victim, you must know what information you need to share with the insurance company and when you need to take the help of a car accident lawyer in Atlanta to protect your rights. Here, we cover everything you should know as a car accident victim about protecting your rights when an insurance company requests such details.

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Does the Insurance Company Have the Right to Ask for My Phone Cards? 

The insurance company has the right to obtain all evidence related to the accident including your phone records. They can pursue this type of evidence if they believe distraction caused or contributed to the accident. However, you don’t need to share the records or provide any details if the other driver’s insurance company asks you for details on a phone call.

To obtain this information, they must request it through a court order. Wait for the insurance company to request the information in court. This would be done during the discovery phase.

If you are required by the court to share this information with the insurance company, and if you fail to do so, you are likely to face fines for contempt of court. And the court is likely to summon the records from your cell phone service provider anyway.

What Type of Evidence Can Car Insurance Company Gather from Phone Records?

The phone records can be used by the insurance company to gather critical information that can be used to prove your fault. Here are different ways the insurance company may use your phone records:

  • To prove that you were on the phone at the time of the accident to prove you were distracted.
  • You were texting at the time to prove that you were distracted.
  • The data from your GPS apps may be used to show you were speeding
  • The insurance company may prove that you were using your camera at the time of the accident.

How to Protect Your Rights in Such a Situation?

If you know that you were not using your phone at the time of the accident, sharing the information they requested will only make your case stronger. However, if you feel uncomfortable sharing your personal data, you could wait for the court order to release the records.

Having an experienced car accident lawyer in Atlanta on your side can help ensure that you are not revealing more information than is required.


Navigating the complexities of car accident claims can be complex. Having the support of an experienced car injury lawyer can help protect your rights at every step.  They can guide you at every step of the claim process and provide invaluable support.

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At Karma Injury Law, we are committed to protecting the rights of accident victims throughout Atlanta. We assist clients recover the maximum damages to compensate for their harm and damages. Schedule a free consultation with our experienced car and truck accident attorney in Atlanta today.

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You must file your claim within two years from the accident date.
Failure to meet this deadline may result in losing your right to recover damages.