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Could Data Collected from an Insurance Tracking Device Be Used to Devalue Your Claim?

Posted on behalf of Phillips Law Group on Jun 30, 2021 in Auto Accidents

driver behind the wheel looking at smartphoneMany of us are always on the lookout for ways to save money. Car insurance companies know this, which is why they are constantly offering discounts to retain customers and keep them happy.

For example, many insurance companies offer to lower your premium if you install a tracking device in your car. They track your driving and if your driving satisfies certain criteria, you may get a discount.

However, have you ever wondered what else they might be doing with that data? Could it potentially be used against you if you file a claim after a crash?

This is a complex issue that you should learn more about, whether you have already installed a tracking device or are considering it. Before you decide on allowing the insurance company to track you, you need to consider all the pros and cons.

How Could Tracking Data Affect Your Claim?

You may be wondering how tracking data could possibly affect a car crash claim, as you typically file a claim against the at-fault driver’s insurance policy and not your own. However, what if the other driver has insurance through the same company that you have insurance through? Would they use this information against you?

The insurer may want to assign both parties a significant amount of fault to devalue both claims. That way they end up paying less compensation to both parties. Under state law, if you bear any fault for a car crash, your compensation award can be deducted based on your percentage of fault.

While there are many insurance companies, many drivers are insured through large companies. That means there is a good chance you could end up in a crash with a driver who uses the same insurance company.

While insurance company tracking devices are different, they typically track things like speed, braking, cornering and sudden traffic maneuvers. Data like this helps insurers determine if someone is a safe driver. Insurance companies may also use this data to assign fault for a crash.

What if the Other Driver is Uninsured?

If the other driver does not have insurance or lacks enough coverage to pay for your damages, you would likely need to file a claim against your own insurance. Even though you are the policyholder, you can bet the insurance company will be looking for some way to deny or devalue your claim. Data from a tracking device may help support their argument.

If data shows you took a corner too quickly or did not brake as quickly as you might have been able to, the insurance company could use this data against you.

Well-Known Insurance Company Tracking Devices

Many major insurance companies offer tracking devices. These are some of the more well-known companies/devices that collect data on drivers:

  • Drive Safe and Save App from State Farm – You can allow State Farm to track your driving through your smartphone or your vehicle’s OnStar system. This program tracks acceleration, speed, braking, cornering and use of your phone.
  • Drivewise from Allstate Allstate tracks your speed, braking and the time of day you drive. For example, if you stay under 80 mph, keep abrupt stops a minimum, and limit your late-night trips, you could save money on your premium. You can also use Allstate Mobile on your phone to provide insight into how often you use your phone behind the wheel. This information is not used to determine if you may receive discounts.
  • Progressive Snapshot – This program tracks how much you drive, along with smartphone use behind the wheel. If you avoid driving between midnight and 4 a.m. on weekends and avoid using your phone while you drive you could save money. However, if you engage in too much risky driving you could actually see your rate go up.
  • RightTrack from Liberty Mutual – Policyholders may be able to save money by engaging in safe driving behaviors. For example, avoiding sudden braking and excessive speeds, along with limiting miles driven and nighttime driving. The website says Liberty Mutual may use the data as permitted by law.
  • SmartRide from Nationwide – Nationwide may offer discounts based on four factors: miles driven, hard braking and acceleration, idle time, and nighttime driving. The Nationwide website says this information can only be used to lower your rate, not raise it.
  • DriveEasy from GEICO ­– GEICO tracks your braking, distraction-free driving and other driving behaviors to determine if you are a safe driver and may qualify for a discount. Their website says DriveEasy data may be used to help accelerate the claims process for policyholders.

Injured in a Car Crash? Call Phillips Law Group

Our experienced attorneys are ready to assist you in seeking compensation for your damages. There are no upfront fees or legal obligations, and we are not paid unless you get paid.

Considering what you are up against, you need experienced, aggressive representation to help you recover the compensation you need. Our attorneys know how to counter the insurance company’s attempts to deny or devalue your claim.

Our Phoenix-based car crash lawyers have secured millions on behalf of crash victims and are ready to help you.

Give us a call today to learn more. Ph: 1-800-706-3000

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