It’s no secret that the number of cell phone-related car accidents is rising in North and South Carolina. Furthermore, cell phone photos or videos, location data, and similar evidence have become increasingly prominent in car accident claims.
Many crash victims have secured justice with help from their phones, but this technology works both ways. Insurance companies also know the value of what’s on your phone, and they won’t hesitate to ask for it. Therefore, you must understand when an insurer can demand your phone and the data it contains and how that information can affect your car accident claim.
Can a Car Insurance Company Request Phone Records After an Accident?
A car accident company can ask you to turn over your phone after an accident. However, you don’t have to give it to them unless they have a court order.
So, you shouldn’t hand over your phone, right? Unfortunately, it’s not that simple. Refusing to hand over your phone can make you appear suspicious in the eyes of an insurer. They may scrutinize your claim more closely and return with a court order anyway.
On the other hand, handing over your phone can also hurt your claim. Without proper context, the information an insurer finds on your phone could implicate you for the crash and keep you from securing financial recovery. Since North Carolina follows a pure contributory negligence rule, any degree of fault on your part can bar you from recovering any financial compensation.
Determining the best course of action in this situation is challenging. Talk to a lawyer before handing over your phone to ensure you understand your rights and options. A lawyer can also make sure an insurer only receives the information they need so they don’t intrude on your privacy.
Finally, people sometimes ask us, “Can car insurance companies track your phone?” The short answer is, “It depends.” An insurer usually can’t track you without your permission. However, they might be able to gather some data on your driving habits if you have their app downloaded on your phone or a device installed in your vehicle that allows them to monitor your actions. If you have any car insurance apps installed on your phone, review them carefully to guard your privacy.
Information Insurance Companies Are Looking for to Affect Liability Charges
There are many pieces of information an insurance company might look for on your phone, such as:
- Text message records suggesting you were texting or distracted when the crash happened
- Call logs showing you were on a call when the accident happened, even if you were using a hands-free system
- Social media posts that downplay your injuries or show you doing activities that contradict your claim
- Photos or videos from around the time of the crash that could undermine your version of events
- GPS data that could challenge your stated location, speed, or route
- App usage history that might show you were using navigation, music, or other apps while driving
Hire Stewart Law Offices to Protect Your Car Accident Claim
Stewart Law Offices’ decades of experience with car accident claims make us well-positioned to defend your rights and fight for fair compensation. We’ve secured millions of dollars for injured drivers in the Carolinas, and we can handle all the legal work in your case.* There’s no financial risk to you because we don’t charge any upfront fees under our contingency-fee arrangement.**
Contact Our NC & SC Car Accident Lawyers
The skilled and experienced legal team at Stewart Law Offices is ready to take on your car accident claim and help you seek the financial compensation you need. Call us today or complete our contact form for a free consultation.
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