Do I Have To Give My Cell Records to the Insurance Company After an Accident in Texas?
If you were recently involved in a car accident in Texas, you might be contacted by an insurance adjuster asking for access to your cell phone records. While it may seem like a reasonable request, especially if you’re not at fault, it’s important to understand your rights before sharing anything. Texas law does not automatically require you to hand over your phone records to the insurance company after a crash.
Insurance companies are in the business of minimizing payouts, and they often use phone records to look for any reason to reduce or deny a claim. That’s why it’s smart to speak with a personal injury attorney before agreeing to turn over sensitive information.
Why Are Insurance Companies Asking for My Cell Records?
In many cases, insurance adjusters are looking for evidence that the driver was distracted at the time of the crash. They might want to see if you were texting, talking on the phone, or using an app just before the accident. Even a call or notification received close to the time of impact could be used against you.
This kind of information is especially relevant in Texas, where distracted driving is one of the leading causes of serious crashes. But that doesn’t mean insurers can demand your private records without going through the proper legal steps.
Are You Required To Give Over Your Phone Records?
In most situations, you are not legally required to give your cell phone records to the insurance company unless you are ordered to do so by a court. If you voluntarily provide this information, it can easily be used to hurt your case.
Insurance adjusters may present this request as routine or necessary, but it’s rarely in your best interest to hand over such personal data without legal guidance. Your records can reveal more than just call times. They might show your location, messages, and app usage, all of which could be taken out of context.
What if I Refuse To Share My Phone Records?
If you decline to provide your phone records, the insurance company may still try to argue that you were distracted. However, they would then need to find other evidence to support that claim. In most cases, they would have to go through legal channels, such as subpoenaing your records through a court order during litigation.
This process takes time, and it may not even happen, especially if there is no real indication that your phone played a role in the crash. Still, declining to share your records on your own protects your privacy and keeps you in control of the situation.
Can My Own Insurance Company Request My Records?
Even your own insurance provider might ask for your cell phone records, especially if you are filing a claim under uninsured/underinsured motorist coverage. But the same rule applies: unless it’s required under the terms of your policy or compelled by law, you’re not automatically required to comply.
Before sharing anything with any insurance company, it’s wise to talk to an attorney. They can review your policy and help you understand what, if anything, you are obligated to provide.
Speak With a Car Accident Attorney Before Sharing Anything
Being involved in a crash is stressful enough. You shouldn’t have to worry about your privacy being violated. If an insurance company has asked for your phone records, it’s in your best interest to speak with a car accident lawyer in Texas right away.
A trusted attorney can guide you through the process and make sure your legal rights are protected from start to finish.
Contact The Dallas Car Accident Law Firm of Benton Accident & Injury Lawyers Today
If you’ve been injured in an accident in Dallas, TX, contact us for more information, please contact the experienced Dallas car accident lawyers at Benton Accident & Injury Lawyers today. We offer free consultations.
We proudly serve in Dallas County and its surrounding areas:
Benton Accident & Injury Lawyers
1825 Market Center Blvd # 350, Dallas, TX 75207
Phone: (214) 556-8321
Hours Open: 24/7
Our firm is located near you. We have an office in Dallas.
Find us with our GeoCoordinates: 32.7950252,-96.8241861