Motor vehicle collisions; collection of certain mobile telephone data, collision reports.
What changed between versions
The mobile phone data preservation period was changed from three years to four years in the main request section, though the insurance telematics data remains at three years.
Clarified that attorneys must certify representation to the mobile phone provider before requesting data preservation, rather than just certifying representation generally.
Added specific language clarifying that failure to preserve data creates a rebuttable presumption sufficient for courts to proceed with spoliation sanctions.
Updated terminology from 'call history' to 'call logs' and 'text message history' to 'text message logs' for consistency with industry standards.
Changed the retention requirement language from 'produced within four years upon receipt of subpoena' to 'retained in the event that records are subpoenaed or otherwise requested to be produced within four years of receipt'.
Added 'DRAFT' and date stamps to the document header indicating this is a substitute version offered for consideration on January 27, 2025.