Can Your Safe Driver App Be Used Against You After a Car Accident?

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By Kevin Boissoneault, President and Managing Partner, Gallon, Takacs & Boissoneault Co., LPA

 

Most of us want to save money on car insurance. So, when an insurance company offers a discount for using an app that tracks your driving, it sounds like a good deal. Drive safely, avoid speeding, and save money on your premiums. What’s not to like?

But before signing up, there’s something I think every driver should consider.

If your insurance company tracks how you drive, could it use that same information against you after a car accident?

The answer is yes, depending on the circumstances. My concern isn’t necessarily the technology. It’s how insurance companies might use that data to determine fault, dispute an injury claim, or reduce compensation.

Today, insurance companies can track more driving information than ever before. Safe driver apps monitor speed, hard braking, acceleration, mileage, and the time of day you drive. Some even track cellphone activity and driving routes.

This information can help insurers assess driving habits and offer discounts. But after an accident, that same data may become evidence in an insurance claim. And a few seconds of recorded driving behavior don’t always tell the whole story.

For drivers in Ohio and Michigan, understanding how safe driver app data can affect a car accident claim is important. It could make a difference when an insurance company questions who caused the crash or how much compensation an injured driver deserves.

 

What Do Insurance Safe Driver Apps Actually Track?

 

Insurance companies use technology known as telematics to collect information about driving behavior. These programs, sometimes called usage-based insurance, are designed to help insurers evaluate risk based on how an individual drives rather than relying entirely on traditional factors such as age, driving record, and vehicle type.

Programs such as Progressive Snapshot and State Farm Drive Safe & Save are examples of insurance products that use driving information to calculate potential discounts or adjust premiums.

What Information Can Insurance Tracking Apps Collect?

 

Depending on the insurance company and the specific program, telematics may collect:

  • Speed and speeding patterns, including how frequently a driver exceeds certain thresholds.
  • Hard braking and sudden stops, which may be interpreted as indicators of aggressive driving.
  • Rapid acceleration and sharp cornering, which can affect a driver’s safety score.
  • Mileage and trip duration, including how frequently and how far someone drives.
  • Time of day, particularly driving during late-night or early-morning hours.
  • GPS location and driving routes, which may identify where a vehicle was traveling.
  • Cellphone activity, including certain patterns that may suggest distracted driving.

According to the National Association of Insurance Commissioners (NAIC), telematics programs collect driving information to help insurers evaluate risk and determine insurance pricing. Driving data may also help insurers investigate accidents, depending on the information available.

 

How Insurance Companies Use Your Driving Data

 

Safe driver programs can reward careful drivers with lower insurance premiums. But after a car accident, insurance companies may use that same driving data for a different purpose.

Instead of calculating your discount, an insurer may review your driving habits to determine whether you contributed to the crash.

These apps can collect more than a basic driving score. Depending on the program, insurance companies may access trip details such as speed, location, time of day, and hard braking.

What started as a way to save money on car insurance could become evidence that affects your personal injury claim.

 

Can an Insurance Company Use Telematics Data to Deny an Accident Claim?

 

Yes. An insurance company may use telematics data during a car accident investigation to evaluate fault, verify details of a collision, or determine whether certain policy provisions apply. However, the existence of unfavorable driving data does not automatically justify denying an insurance claim.

This isn’t simply a hypothetical concern.

According to Progressive’s Snapshot Privacy Statement, driving information collected through the program may be used to help resolve insurance claims. That includes verifying accident circumstances, making liability and coverage determinations, investigating potential fraud, and participating in litigation.

Think about what that means for a driver who enrolled primarily to receive a discount.

Information that was originally collected to evaluate driving behavior may also become part of an insurance company’s investigation following a serious accident.

 

What Happens When Driving Data Becomes Evidence?

 

Insurance companies may use safe driver app data to dispute fault, assign partial responsibility, or question coverage. Each issue involves different legal considerations.

But drivers shouldn’t assume that every detail an app records is accurate or proves who caused an accident. A driving alert doesn’t tell the whole story. We still need to examine the circumstances of the crash and consider all available evidence.

That’s why I encourage drivers to understand their insurance coverage and review the terms of any safe driver program before agreeing to participate.

“I’ve always encouraged people to understand what they’re buying when it comes to automobile insurance, not just what they’re paying. These safe driver programs are another example of why that matters. You may be agreeing to share information about your driving without fully considering how it could be used if you’re involved in an accident. Insurance companies look closely at the information available to them, and injured drivers need to make sure the whole story is being considered, not just the data that supports an insurance company’s position.”

Kevin Boissoneault, President and Managing Partner, Gallon, Takacs & Boissoneault Co., LPA

 

Can Hard Braking or Speeding Data Be Used to Blame You for an Accident?

 

Imagine you’re driving through Toledo when another vehicle suddenly pulls out in front of you. You slam on your brakes to avoid a collision, but you can’t stop in time.

Your safe driver app records a hard-braking event.

The app may accurately record that you braked suddenly. But it doesn’t necessarily explain why. Were you driving aggressively, or did another driver fail to yield? Did a pedestrian enter the road? Did traffic stop unexpectedly?

These details matter when determining who caused a car accident.

The same applies to speeding data. Suppose another driver runs a red light and hits your vehicle. Your insurance app shows you were driving a few miles per hour over the speed limit.

Could an insurance adjuster argue that your speed contributed to the crash? Absolutely. But speeding alone doesn’t automatically make you responsible.

The real question is whether your speed played a role in causing the accident.

 

Why a Driving Alert Doesn’t Always Prove Fault

 

The important legal question is whether your actions contributed to causing the collision, not simply whether an app identified something it considers unsafe driving behavior.

A proper accident investigation may require examining traffic signals, witness statements, vehicle damage, police reports, available video footage, electronic vehicle data, and the sequence of events leading up to the collision.

The accuracy of the technology itself may also need to be considered. For example, a smartphone app relies on the phone’s sensors and other information to identify certain driving behaviors. Those records may not provide the same level of detail as equipment specifically designed for accident reconstruction.

An app may record what your vehicle was doing, but it doesn’t necessarily explain what the other driver was doing or why you reacted the way you did.

That’s an important distinction, especially when an insurance company is attempting to reduce the amount of compensation available to an injured person.

 

How Can Safe Driver App Data Affect Fault in a Car Accident?

 

One of the most significant concerns involving insurance telematics is how the information may be used when fault is disputed.

In both Ohio and Michigan, an injured person’s own actions can affect certain types of compensation following a motor vehicle accident. However, the laws are different, and drivers should not assume that the same rules apply in both states.

 

Ohio Car Accident Claims and Comparative Negligence

 

Ohio follows a modified comparative negligence system.

Under Ohio Revised Code Section 2315.33, an injured person may still recover compensation if their percentage of fault is not greater than 50%. Any compensation awarded is generally reduced according to their percentage of responsibility.

For example, imagine an injured driver has $100,000 in recoverable damages but is found to be 20% responsible for the collision. Under Ohio’s comparative negligence rules, that award would generally be reduced to $80,000.

Now consider how telematics data might enter that discussion.

If an insurance company obtains information suggesting the injured driver was speeding, it may try to use that information to establish some degree of responsibility for the accident.

But simply establishing that a driver exceeded the speed limit is not the end of the analysis. The evidence must still be considered in relation to how the collision occurred.

 

Michigan Car Accident Claims and Telematics Evidence

 

Michigan automobile accident claims involve additional considerations because of the state’s no-fault insurance system.

Under Michigan Compiled Laws Section 500.3105, Personal Injury Protection (PIP) benefits are generally payable without regard to fault, subject to the applicable statutory requirements and coverage provisions.

That distinction matters. Information suggesting an injured driver was partially responsible for a collision does not, by itself, eliminate otherwise payable PIP benefits.

However, claims seeking compensation from an at-fault driver can involve different rules.

Under Michigan Compiled Laws Section 500.3135, comparative fault can affect third-party automobile injury claims. A person found to be more than 50% at fault generally cannot recover non-economic damages in an applicable automobile negligence action.

This is why the way telematics information is interpreted may be important. If an insurance company attempts to assign fault based on speed, braking, or other recorded behavior, the evidence needs to be considered within the framework of the applicable state’s laws.

For drivers in Southeast Michigan, particularly those involved in accidents around Monroe and the surrounding communities, understanding these distinctions can be important when an insurance claim becomes disputed.

 

Can an Insurance Company Use Your Past Driving Habits Against You?

 

One of the less obvious concerns with safe driver apps is that they may collect information over weeks or months rather than only during the moments surrounding an accident.

An insurance company may have information about your typical mileage, nighttime driving, hard-braking frequency, acceleration habits, and overall driving score.

That creates an interesting question: Could someone attempt to use your driving history to suggest you were probably driving negligently when an accident occurred?

It’s possible that an insurer or opposing party might seek historical telematics records during an investigation or lawsuit. However, whether that information can be used as evidence, and for what purpose, depends on its relevance, reliability, and applicable evidence rules.

 

Does a Poor Driving Score Prove Negligence?

 

A driver who receives several hard-braking notifications during a month isn’t necessarily an aggressive or careless driver. Someone who routinely travels late at night isn’t automatically unsafe. And a lower driving score does not establish that a particular collision was their fault.

There are also legal limitations on how certain types of evidence can be used.

For example, Ohio Rule of Evidence 404 and Michigan Rule of Evidence 404 generally restrict the use of character evidence and other acts to prove that someone acted in accordance with a particular character trait on a specific occasion. Exceptions and other permissible uses may apply.

These programs are designed primarily to evaluate driving risk for insurance purposes. A risk assessment is not the same thing as proving negligence in a specific accident.

That’s why it is important to distinguish between what technology suggests about someone’s general driving behavior and what the evidence establishes about the accident itself.

 

Can Telematics Data Help Prove That Another Driver Caused Your Accident?

 

Yes, and this is the other side of the issue that drivers should understand.

Safe driver app information and other forms of electronic vehicle data may actually help support an injury claim when the available records accurately document important details surrounding a collision.

For example, imagine you’re stopped at a traffic light in Maumee when another vehicle strikes you from behind. The other driver claims you stopped abruptly and caused the accident.

If reliable electronic information establishes that your vehicle was stationary before the collision, that could help challenge the other driver’s version of events.

Or consider an accident where the other driver claims you were speeding. Available telematics data may help establish that your speed was consistent with the posted limit.

 

Why Electronic Evidence Needs to Be Examined Carefully

 

Of course, not every app records the information needed to answer those questions, and not every driving record provides enough detail to reconstruct a collision.

The type of technology matters. A smartphone-based insurance app, a vehicle’s event data recorder, and a dashboard camera may all provide different types of information with different limitations.

For example, a smartphone app may identify driving events using GPS and motion sensors, while an event data recorder in some vehicles may capture certain vehicle operating information around a crash. Neither should be assumed to provide a complete account of an accident.

When useful information exists, it should be considered along with the rest of the evidence.

Technology isn’t inherently on the insurance company’s side or the injured person’s side. Its value depends on the accuracy of the information and how it relates to the facts of the accident.

 

What Should You Do After a Car Accident If You Use a Safe Driver App?

 

If you’re involved in a car accident and participate in an insurance telematics program, don’t overlook the potential importance of that information.

Many drivers don’t immediately think to tell their attorney about an insurance tracking app. They may not even remember that the program has been running in the background on their phone.

However, these records may become relevant if questions arise about speed, braking, vehicle movement, or the sequence of events surrounding the accident.

 

Five Steps to Protect Potential Driving Data Evidence

 

Following a collision, consider these steps:

  1. Tell your attorney about your safe driver program. Identify the insurance company, the app or device being used, and whether you have access to trip reports or driving records.
  2. Preserve relevant information. Save available screenshots, trip summaries, accident notifications, and other records connected to the collision. Some digital records may only remain accessible for a limited period.
  3. Do not delete or alter potentially relevant evidence. If an injury claim or legal dispute is anticipated, preserving electronic information may be important. Speak with your attorney before making changes that could affect relevant records.
  4. Be cautious about interpreting automated driving alerts. A hard-braking notification or low driving score doesn’t necessarily establish what caused an accident.
  5. Have disputed evidence reviewed in context. If an insurer relies on driving data to challenge your claim, it may be necessary to examine how the information was collected, whether it is accurate, and what other evidence supports or contradicts it.

 

Why Preserving Your Driving Data Matters

 

Some telematics information may be stored by the insurance company rather than being fully accessible through your phone. Obtaining complete records may require additional requests or legal procedures.

In fact, Progressive’s Snapshot Mobile Terms and Conditions expressly discuss the potential importance of preserving driving information following an accident and acknowledge that such information may be sought during legal proceedings.

That’s something I think drivers should take seriously.

Electronic information may be relevant to both sides of an accident claim. Preserving it can help ensure that potentially important evidence remains available for review rather than being lost before anyone has an opportunity to understand what it shows.

 

Are You Giving Up Privacy When You Sign Up for an Insurance Discount?

 

There’s another part of this conversation that I think deserves attention, even before an accident occurs.

When you enroll in a safe driver program, you may be agreeing to more than simply having your driving habits evaluated for a discount.

Depending on the program, the agreement may address how information is collected, how long records are retained, who may receive the information, and how that data can be used for insurance-related purposes.

For example, the State Farm Drive Safe & Save program information discusses participation requirements and the information used in its program. State Farm also provides details about privacy and information practices through its Privacy and Security Center.

Drivers should review those terms carefully, particularly provisions addressing claims investigations, location tracking, data retention, and information sharing.

 

What Should You Review Before Enrolling in a Safe Driver Program?

 

Before agreeing to participate, consider whether you understand what information the app collects, whether location information is included, how the company uses driving scores, and whether the information may be used in a future insurance claim.

This doesn’t mean safe driver programs are necessarily a bad choice. Many people may benefit from participating, and the technology may encourage safer driving habits.

But saving money on an insurance premium should be an informed decision.

I regularly encourage people to review their automobile insurance coverage and understand what protection they actually have before an accident happens. The same principle applies here.

You should know what information you’re agreeing to share and understand that it may have uses beyond calculating your insurance discount.

 

The Future of Car Accident Evidence Is Already Here

 

Technology has changed the way we drive, and it’s changing the way automobile accidents are investigated.

In addition to police reports, witness statements, photographs, and physical evidence, accident investigations may now involve dash camera recordings, connected vehicle information, event data recorders, cellphone records, and telematics collected through insurance programs.

That information can help clarify what happened. But it also creates opportunities for evidence to be misunderstood, taken out of context, or given more significance than it deserves.

From my perspective, the goal in representing someone injured in a car accident hasn’t changed. We still need to understand how the collision happened, determine who was responsible, identify available insurance coverage, and evaluate the full extent of the injuries and losses.

 

Why the Complete Accident Investigation Still Matters

 

What has changed is the amount of information that may need to be examined to answer those questions.

A driving app might identify a particular speed or braking event. A dash camera might show the position of another vehicle. A witness may describe something neither electronic source recorded.

Each piece of evidence can contribute to understanding how a collision occurred.

An insurance company’s driving data may be part of the story, but it shouldn’t automatically become the entire story.

And when that data is being used to question an injured person’s account of an accident, it’s important that the conclusions being drawn from it are carefully examined.

 

Frequently Asked Questions About Safe Driver Apps and Accident Claims

 

Can insurance companies use safe driver app data against you after an accident?

 

Yes. Insurance companies may use telematics data to investigate a car accident, determine fault, or evaluate coverage. Programs such as Progressive Snapshot disclose that driving information may be used during claims investigations. However, a hard-braking alert or speeding record does not automatically prove negligence or justify denying a claim.

 

Can Progressive Snapshot data affect a car accident claim?

 

Yes. Progressive’s Snapshot privacy statement explains that the company may use collected driving information to investigate claims, evaluate liability, make coverage decisions, and address potential fraud. The significance of that information depends on the circumstances of the accident and the accuracy of the records.

 

Does hard braking on a safe driver app mean you caused an accident?

 

No. Hard braking does not automatically establish fault. A driver may brake suddenly to avoid another vehicle, pedestrian, or unexpected hazard. Insurance companies must consider the circumstances of the collision rather than relying solely on an automated driving alert.

 

Can an insurance company deny your claim because you were speeding?

 

Speeding data may affect an accident claim if it helps establish that your speed contributed to the collision. However, speeding alone does not automatically justify denying coverage or an injury claim. Fault depends on the evidence, applicable insurance provisions, and state law.

 

Can safe driver app data help prove you were not at fault?

 

Yes. Reliable telematics records may support your version of an accident. Depending on the app, driving data may help establish speed, braking activity, or vehicle location. However, not every app records enough detail to reconstruct a collision. Attorneys should evaluate this information alongside other accident evidence.

 

How does safe driver app data affect car accident claims in Ohio and Michigan?

 

In Ohio, telematics evidence may affect comparative negligence determinations. Under Ohio law, an injured driver generally cannot recover damages if they are more than 50% at fault. Michigan has different rules because of its no-fault insurance system. Personal Injury Protection benefits generally do not depend on who caused the accident, while comparative fault can affect certain third-party injury claims.

 

Injured in a Car Accident? Understand the Evidence Being Used in Your Claim.

 

If you’ve been injured in a car accident, and your insurance company is using safe driver app data, telematics records, speeding alerts, or hard-braking information to question your claim, it’s important to understand what that evidence actually proves.

A driving app may record certain details about your trip, but it doesn’t necessarily establish who caused the collision. Insurance companies may use electronic driving data to dispute liability, argue comparative negligence, or challenge aspects of an injury claim. That information should be examined alongside the police report, witness statements, vehicle damage, and other available evidence.

At Gallon, Takacs & Boissoneault Co., LPA, our experienced personal injury attorneys represent car accident victims throughout Northwest Ohio and Southeast Michigan. With more than 70 years of serving injured individuals and families, our firm understands how insurance companies investigate automobile accidents, evaluate liability, and approach injury settlements.

Whether your accident happened in Toledo, Maumee, Defiance, Findlay, Fremont, Sandusky, Mansfield, Lima, or Monroe, Michigan, our team dedicated to representing you can help evaluate the circumstances of your accident, investigate disputed liability, identify available insurance coverage, and pursue compensation for your injuries.

Don’t assume an insurance company’s interpretation of your driving data tells the whole story.

If your car accident claim is being questioned or you’ve received a settlement offer that doesn’t adequately address your injuries, contact Gallon, Takacs & Boissoneault to discuss your legal options.

Call Us. We Can Help. 419-843-6663