I believe I was injured in a distracted driving accident. Can my insurance company access the other driver’s phone records if it is believed they were texting while driving?

If you believe you were injured by a distracted driver it is possible to get their cell phone records.  Your lawyer or insurance company can send a subpoena to the cell phone carrier of the defendant and get the records.  If the other driver was on the cell phone it can be proof of negligence and help you prove your case.  Punitive damages may be available if the other driver was on the cell phone.