May an insurer withhold the recorded phone call that serves as the policy contract?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

May an insurer withhold the recorded phone call that serves as the policy contract?

My auto insurance company refuses to allow me to listen to the recorded

phone call where the terms of my insurance were discussed and agreed

upon. They denied a claim regarding roadside service and they claim I

refused roadside assistance coverage but refuse to allow me to listen to the

recorded phone call. They want me to trust their word and refuse to allow me to hear the recording for myself when I contend that I agreed to have the

coverage, not refuse.

Asked on October 25, 2018 under Insurance Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

First, even if you discussed the terms over the phone, you should have received a written policy from them: that policy would be your contract and its terms control your coverage. You look to your written policy for the terms of your insurance. If you never received a written policy, then you may well not be insured, but may also have a fraud lawsuit against this insurer if they claimed to be issuing insurance and took your money but never provided a policy.
In terms of other communications with the insurer, such as one showing whether or not refused roadside assistance, the only way to force them to give you a copy of that recording would be in litigation--that is, during a lawsuit. In a lawsuit, there are legal mechanisms or processes, called "discovery," such as document (which includes recordings) production requests that will compel them to provide the recording. But discovery is only available in litigation, so until/unless there is a lawsuit, you cannot force them to give you the recording.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption