The other driver's insurance company cannot force you to hand over your phone records, but a judge can. It is common for the courts to require these phone record waivers to be exchanged, as your phone history at the time of the accident is relevant to any dispute over liability. These waivers are limited in scope and should only cover the minutes surrounding the crash. The possibility of the other driver obtaining your phone records is something every plaintiff must consider before filing a lawsuit. Certain obligations come with filing a legal action, and these waivers are a prime example.