Laws against texting and more general cell-phone use while driving vary dramatically by state and by the driver's age, and the impact of related legislation on the auto claim process differs by location and individual. But one thing is constant: insurers need to be cognizant of not only how customers' use of cell phones and other mobile devices while behind the wheel affects their ability to safely operate their cars, but also which regulations hold them responsible when something goes wrong and to what extent.

How common is a texting-while-driving accident?

Over the past few years, there has been a major increase in cell phone use by just about every driver demographic and, as a result, cell phone use has a growing influence on the auto claim process. As you'd expect, we're hearing more and more often that cell phone use has contributed to accidents, and our investigations of losses are uncovering instances of cell phone or mobile device usage contributing to the loss.

It doesn't take a lot of data to show that when you're trying to do two things at once, you're not going to drive as safely. When you are not paying attention to the road or traffic, your risk of accident increases tremendously. For new drivers and their parents, this message is particularly important.

As bans go into effect and become more stringent in the years to come, and as the dangers become better known, we hope that the instances of texting from behind the wheel will decline sharply. Although we're realistic in realizing that some people will continue to take the risk, we see it as a step in the right direction that laws can now hold them accountable and reduce the chances that our customers may suffer accident and injury because of the thoughtlessness of other drivers.

Can insurers check policyholder cell phone records as part of an investigation?

As part of the formal discovery process in litigated claims, requests for production of cell phone or mobile device records are currently allowed. I think it will become more the rule than the exception that such records are sought as a simple matter of course to determine whether any operators involved were talking or texting on a mobile device at the time of the loss. Although it doesn't establish fault, this information certainly can be persuasive to a jury or an arbitrator regarding the likelihood of fault on the part of a driver.

Which states are having the most success with their legislation?

Fortunately, 19 states plus the District of Columbia already ban texting while driving, and several other states are considering laws, including Massachusetts. While any ban is a good start, some states have been more aggressive than others. California, for example, bans just about all cell phone activity while operating a moving vehicle, and also imposes a $200 fine. Connecticut drivers face a stiffer fine of $500 if involved in an accident while using a cell phone—in addition to inevitable auto insurance rate hikes.

Enforcement remains the biggest hurdle for any kind of texting or cell phone ban and is key to the law's effectiveness. Many states that have been ahead of the curve in passing bans have yet to write a significant number of violations. In most cases, an officer has to witness the infraction or a driver must volunteer the information after being pulled over, which, as you might expect, is rare. Some people will never curtail use of their mobile devices and others will do the right thing regardless of regulation. In the middle is a large group who could benefit from the slight nudge of needing to comply with a law.