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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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 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.

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