do insurance companys have the right to ask

UPDATED: Oct 1, 2022

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do insurance companys have the right to ask

cell phone records and credit reports after your vehicle has been stolen

Asked on December 27, 2017 under Insurance Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, they do have the right. An insurer may investigate claims, to make sure they are legitimate. In car theft claims, that includes making sure the insured did not participate in or cause the theft, or otherwise is not submitting a fraudulent claim. Doing so can involve cell phone records (to see who you called, and also indirectly confirm your location at different times) and credit reports (to see if you had financial difficulties and motive; or prior fraud against vendors or lenders). If you refuse to provide this and cooperate, they will most likely not honor your claim; in that event, you could sue them for breach of contract (for not paying when they should) and try to prove in court that this was a legitimate claim and that the insurer should pay--but they will be able to ask for and get his material in court anyway, so you may as well provide it now if you are pursuing the claim.

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