My car was stolen and my insurance company is asking for my phone records

My car was stolen over a month ago and now my insurance company is asking for my
phone records can they do that?

Asked on September 11, 2016 under Insurance Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, they can: if they believe there is something unusual or suspicious about the alleged theft of the car, they are allowed to investigate it. In this case, they may believe that you colluded in the theft, and may be looking for suspicous calls (such as to a potential car thief or chop shop).
You can refuse to provide the records; but if you do, they will likely refuse to pay. You could then, if you believe they should pay, sue them for "breach of contract" (violating their contractual obligation to pay, when they should under the terms the policy and the circumstances), but if you do that, they will undoubtedly request the phone records in the course of the trial and you will still be required to produce them.


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