Car Accident While on the Phone: Settlement and Liability

If you were on the phone at the time of a car accident, you may be worried about how this affects your claim. The impact depends on whether you caused the accident, whether the other driver was also negligent, and your state's comparative fault rules.

If the Other Driver Was at Fault

Even if you were on the phone, you can still recover damages if the other driver caused the accident. However, the insurance company may argue that your phone use contributed to the accident and try to reduce your settlement under comparative fault rules.

If You Were at Fault

If your phone use caused the accident, you are liable for the other driver's damages. Your auto insurance liability coverage will pay for their injuries and property damage up to your policy limits.

How Phone Use Affects Your Settlement

In comparative fault states, your phone use may reduce your settlement by your percentage of fault. For example, if the other driver ran a red light but you were on the phone and could have avoided the accident if you were paying attention, you might be assigned 10 to 30 percent fault, reducing your settlement accordingly.

In contributory negligence states, any phone use that contributed to the accident could bar your recovery entirely.

Proving Phone Use

Insurance companies can subpoena your cell phone records to determine whether you were on a call, texting, or using apps at the time of the accident. Phone forensic analysis can reveal exactly what you were doing on your phone.

Hands-Free vs Handheld

Many states distinguish between handheld and hands-free phone use. Using a hands-free device is legal in most states and is less likely to be considered negligent. However, even hands-free phone use can be used as evidence of distraction.

Conclusion

Being on the phone during an accident does not automatically bar your claim, but it may reduce your settlement under comparative fault rules. The key is whether your phone use actually contributed to the accident.

Use our free settlement calculator to estimate what your case might be worth.