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Last Modified: March 1, 2023

Can My Cell Phone Records be Used Against Me in a Case?

Published on May 9, 2016 • Last updated March 1, 2023 by Ken Christensen
Topics: Utah Lawyer

blue, blur, cellphone

In the throws of an injury case, you are bombarded with people, phone calls, insurance adjusters, lingo you can’t understand, medical bills, and the pain of an injury. In all of this chaos, you need to be aware of what you have to hand over and what you don’t.

Can Your Insurance Company Demand Your Cell Phone Records?

Well, it depends. Technically, if no actual law suit has been filed, they cannot request your cell phone records. You do not have to hand them over in a situation where a law suit has not been officially filed. That being said, insurance adjusters may ask for them, and try to take advantage of your vulnerable position. Do not give any insurance adjuster any sensitive information they could possibly use against you unless it’s officially necessary for the lawsuit. Ask questions and make them prove themselves.

However, once a law suit is officially filed, by you or another party, you may have to hand over your cell phone records. This is necessary in getting information about an accident. You can choose to give them the records, or wait until a court order has been issued. Some cell phone companies won’t even release your cell phone records unless there is a court order. Refusing to give cell phone records could delay your case and cause problems in the process. However, you don’t want to give them information that they don’t legally need.

When the insurance company gets your cell phone records, they can be used against you. This is why it’s important to have a competent lawyer by your side. At Christensen & Hymas, we’re experienced lawyers who deal with a variety of legal cases. We will work with you and your insurance company to make sure you’re aware of everything that’s going on in your case and get you the settlement you need.

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