If you are involved in an insurance claim regarding a motor vehicle accident, you can expect the other driver’s insurance provider to request access to your phone records. Whether or not you are required to turn them over will depend on if a lawsuit has been filed.
This is only one aspect of a personal injury claim that is best handled by an attorney. You could find your claim in jeopardy by releasing details to the other side when you are not required to do so. A Dallas car accident attorney can help you protect your rights in these situations.
Phone records can be subpoenaed
The other driver’s insurance company cannot force you to hand over your phone records, but a judge can. It is common for the courts to require these phone record waivers to be exchanged, as your phone history at the time of the accident is relevant to any dispute over liability. These waivers are limited in scope and should only cover the minutes surrounding the crash.
The possibility of the other driver obtaining your phone records is something every plaintiff must consider before filing a lawsuit. Certain obligations come with filing a legal action, and these waivers are a prime example.
The importance of phone records in an accident case
Your phone records are relevant to your injury lawsuit because they could provide evidence that you were distracted at the time of the crash. One of the leading causes of vehicle accidents is distracted driving. Your phone records will establish if you were talking on the phone at the time of the accident.
Also, phone records contain more information than your call history. These records also track your data usage at any given moment. This is important, as the attorney for the other driver could use these records to determine if you were using your mobile data– watching a video or playing a game at the time of the collision.
In addition, your phone records could indicate if you were texting while driving. Text messages are time stamped. In some cases, phone records play a significant role in determining liability. In other accidents, they are hardly relevant. A personal injury lawyer will advise you on the importance of your phone records in your injury claim.
Contact our team of Dallas car accident lawyers for a free consultation
You do not have to make these important decisions about your legal claim on your own. The attorneys of Crowe Arnold & Majors, LLP are ready to guide you every step of the way. To discuss your options, schedule a free consultation as soon as possible. There are no upfront legal costs, as we work on a contingency-fee-basis.