Asked in Insurance Bad Faith and Car Accidents for Texas

Q: Can an auto insurance agency deny a claim because I would not provide cell phone records unreasonably?

My two adult sons were in an accident with each other. They're covered under my policy. Fault is clear, 1 rear-ended the other. Police came. No tickets. No injuries. Straight forward.

I was not involved nor did I know about the accident for a few days. I told the insurance that when I filed the claim and said they'd have to get the details from my sons.

My insurance company opened an investigation. They obtained statements from my sons. They obtained the police report. (No mention of me, which is relevant)

They then said that they needed cell phone records for EIGHT DAYS (the 10th-18th. The accident was 13th) from both sons AND ME.

I asked many times why they needed the records, particularly mine as I wasn't involved. They refused to answer

but then said multiple times my sons called me from the scene. They didn't & didn't say they did.

I felt they were fishing for some misstatement as an excuse to deny & said no. They threatened to deny & non renew.

Bad faith?

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: A Texas attorney could advise best, but your question remains open for two weeks. It's possible that both vehicles in the accident being from the same family raised red flags. You could consult with an attorney to review the file. The carrier could be building evidence for a denial, they could be looking for evidence of wrongdoing - an attorney could advise more meaningfully after reviewing the file more thoroughly. Good luck

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.