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
  • 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

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