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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.