My car was stolen. Recovered a few days later. My insurance company is asking for my phone records

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My car was stolen. Recovered a few days later. My insurance company is asking for my phone records

Do I have to give my phone records to my
insurance company

Asked on May 18, 2018 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

An insurer has the right to investigate claims, to see if they are legitimate. That includes looking into a stolen car claim to see if there is any evidence that the insured contributed to or participated in the theft (such as to put in an insurance claim by having their own car stolen). Phone records could be relevant to that, since they could show who you were in contact with and can also (cell phones) possibly show your location. If you refuse to provide these records, the insurer will likely refuse to honor your claim. You could then try suing them for "breach of contract" (an insurance policy is a contract) for not honoring their contractual obligation to pay a claim when the terms of the policy indicate they should. However, in that lawsuit, the insurer will be able to compel you to provide thesee records assuming they can convince a court that they are or might be relevant, or lead to the discovery of relevant information; and if they get the records and the records support not paying the claim, they will not have to pay you. Hence you may wish to provide the records if you are interested in the pursuing this claim, since if you don't provide them voluntarily now, you may be compelled to provide them later.


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