Auto Insurance: What Records Can They Legally Request?

Auto insurance companies can request a lot of information from you when you file a claim. This includes phone records, medical records, driving records, and more. While they can request this information, you may not have to comply. In this article, we will explore what records auto insurance companies can legally ask for and what you are required to provide. We will also discuss how to protect your privacy when dealing with insurance companies.

Phone records

Auto insurance companies may request your phone records after you file a claim. This is because they believe you are responsible for some sort of wrongdoing, such as fraud or causing the accident in some way. They may also request your phone records if they suspect you of insurance fraud.

In many places, it is illegal to use a phone while driving. If your records show that you were talking on the phone while driving, it could hurt your claim.

You are not required to give your insurance company your phone records unless your policy contract stipulates this condition. If you are involved in a lawsuit, the court may order you to hand over your phone records. If you fail to do so, the court may hold you in contempt. They can then subpoena the records directly from your phone provider.

If you are confident that your phone records cannot be used against you, you are free to comply with the request. However, if you are unsure, it is best to consult an attorney before providing any information.

Medical records

In the context of auto insurance, you may be asked to provide certain medical records as proof of sustaining specific injuries in a car accident. These records could accompany a demand letter that you send to the at-fault driver's insurance company. It is important to note that you should only send medical records that are relevant to your injuries and not your entire medical files.

Before submitting your medical records, it is highly recommended that you speak to a car accident lawyer who can offer legal guidance on how to handle an insurance company's request for medical records. Providing an insurance company with access to all of your medical history may damage your injury claim.

Insurance companies want to see your current and past medical records to determine the extent of your injuries and whether they were caused by the car accident or existed beforehand. They will use this information to limit their liability and pay out as little as possible. Therefore, it is advisable to discuss your case with a personal injury lawyer before turning over your medical records.

Additionally, under the Health Insurance Portability and Accountability Act (HIPAA) of 1996, no one can access your health record without your consent. This means that insurance companies cannot access your medical records without your written permission.

When providing medical records, you should only share documentation directly related to the injuries sustained in the accident. This can include:

• Paramedic or ambulance records
• Records of MRIs, CT scans, X-Rays, and other diagnostic tests
• Records of follow-up appointments
• A detailed account of your injuries throughout treatment and recovery
• A summary of your treatment
• The exact dates of treatment
• The outcome of your treatment, including long-term injuries and expected development of your condition
• A clear breakdown of costs for all treatments
• An evaluation of your current medical condition
• Any future treatments, along with their projected costs

It is important to remember that you are not obligated to comply with requests for medical records if they seem unrelated, inappropriate, or dishonest. You have the right to privacy and can ask the insurance adjuster for their specific reasons for requesting your medical records.

In summary, while providing certain medical records may be necessary for your injury claim, it is crucial to be selective about which records you share and always seek legal advice to protect your privacy and ensure a fair settlement.

Driving records

Insurance companies will check your driving record when you apply for a new policy and at renewal. They will be looking for any negative marks that may indicate you are a high-risk driver, including accidents, excessive insurance claims, and traffic violations.

In the US, insurance companies typically look back at the previous three to five years of your driving record for violations and accidents. However, this can vary depending on the state and the insurance company. For example, in California, a DUI remains on your record for ten years, whereas an accident has a look-back period of three years.

In Canada, insurance companies are interested in your driver's license history and a three- or five-year driving record. They will also check your insurance history, including previous claims, accidents, violations, and cancellations.

Your driving record can include a variety of information, such as:

• Your name and address
• Driver's license number
• License status (valid, expired, suspended, etc.)
• Convictions related to motor vehicle violations
• Accident information
• Driver control actions, such as failure to yield or come to a complete stop
• Traffic violations, including speeding tickets
• License suspensions or revocations
• Criminal convictions associated with the driving record, such as DUIs

You can obtain a copy of your driving record from your local Department of Motor Vehicles (DMV) or a similar government agency, typically for a fee.

Bank statements

If you are in Australia, the General Insurance Code of Practice states that an insurer can only take into account relevant information when making decisions about your claim. This code, however, allows insurers a lot of freedom in deciding where and how they get information about you. This can include looking at your bank statements, loan records, phone records, and obtaining a copy of your criminal record.

If you are in the United States, insurance companies can request a lot of different information from you when you file an auto insurance claim. Claims adjusters will want to examine the damage, police reports, eyewitness statements, and more to determine if your insurance coverage applies.

It is important to note that you are not obliged to provide the insurance company with information in another person's name. Additionally, you are under no obligation to make your friends or family answer any questions from an insurance company investigative representative.

Consent and privacy

When it comes to consent and privacy, individuals have the right to control how their health information is used and disclosed, and this is protected by law. The Health Insurance Portability and Accountability Act (HIPAA) of 1996 ensures that no one can access an individual's health record without their consent. This means that auto insurance companies cannot access your medical records without your permission.

In the event of a motor vehicle accident, an insurance adjuster may request to access your medical records to verify that your injuries are from the accident and to understand your estimated recovery timeline. They may also be looking for reasons to deny or undervalue your claim. It is important to note that you do not have to authorize this access. Seeking legal advice before providing consent is recommended.

Auto insurance companies may also request access to your phone records during a claims investigation, particularly if there is evidence that you were using your phone at the time of the accident. Unless there is a court order or your policy requires it, you are not legally obligated to provide your phone records.

It is worth noting that there are privacy concerns when auto insurance companies check phone records. However, these concerns are typically addressed by legal safeguards and regulations that govern how companies handle personal information. It is important to review the privacy policies of insurance companies to understand how they handle and protect your data.

Frequently asked questions