Tracked and Targeted: Can Your Insurance App Be Used Against You?
In today’s world of connected cars and digital discounts, many Arizona drivers enroll in programs like “Drive Safe and Save” offered by insurance companies such as State Farm. These telematics-based programs promise reduced premiums in exchange for allowing the insurer to monitor your driving behavior through a mobile app or vehicle data. But what happens if you’re in an accident? Can the very data used to help you save money now be turned against you in court?
The short answer: Yes, it can.
What Is “Drive Safe and Save”?
“Drive Safe and Save” uses GPS and vehicle sensors—via an app or connected system like OnStar—to track behaviors such as:
- Speed and acceleration
- Braking patterns
- Time of day you drive
- Miles driven
- Phone use while driving
While this data helps determine your insurance discount, it can also be subpoenaed and presented in both civil and criminal court cases.
How This Data Can Hurt You in an Accident Case
If you’re involved in a car accident—whether in Scottsdale, Phoenix, or Lake Havasu—the opposing party’s legal team may seek access to your Drive Safe and Save records. Here’s how it can work against you:
- Proof of Negligence
If the data shows hard braking or speeding at the time of the accident, it could be used to argue that you were at fault or driving recklessly—even if the physical evidence is minimal.
- Undermining Your Testimony
You may testify that you were obeying traffic laws, but if your Drive Safe and Save data indicates otherwise (e.g., rapid acceleration, swerving, or late-night driving), your credibility may be damaged.
- Civil Lawsuit Leverage
In a personal injury or wrongful death case, this driving data could significantly affect the outcome. Insurance companies and opposing counsel may use the data to argue for reduced compensation or outright denial of claims.
Arizona Law and Telematics
Arizona law doesn’t currently prevent insurance companies from sharing telematics data if legally compelled. In civil litigation, a subpoena can force an insurer to hand over driving behavior records, especially if they’re relevant to a car accident, slip and fall, or wrongful death lawsuit.
At Rideout Law Group, we’ve handled personal injury and civil litigation cases across Maricopa and Mohave County where technology and driving data played a crucial role. Our team understands how to both challenge and defend against these records in court.
Can This Data Help You?
Absolutely. If your Drive Safe and Save record shows that you were driving cautiously—under the speed limit, with no phone use or abrupt maneuvers—it can support your claim that you were not at fault. Our attorneys can help strategically present telematics evidence when it works in your favor.
How to Protect Yourself
- Know what you’re agreeing to – Read the fine print of telematics-based insurance programs. You’re often agreeing to share sensitive data.
- Be aware of your driving habits – Every time you speed, brake suddenly, or use your phone while driving, the system logs it.
- Consult an attorney immediately after an accident – Do not volunteer telematics data without legal counsel. At Rideout Law, we’ll evaluate how to handle these records based on your case.
When You Need a Lawyer Who Understands the Data
At Rideout Law Group, our attorneys in Scottsdale and Lake Havasu City offer advanced legal strategies for modern legal problems. If you’ve been in an accident and are worried that your Drive Safe and Save data could be used against you, contact us immediately.
📍 Offices in Scottsdale (85254) and Lake Havasu (86406)
📞 Call (833) 854-8181 for a free consultation
💼 Learn more at rideoutlaw.com
This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal guidance specific to your situation, please contact a licensed attorney at Rideout Law Group.