Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
Detailed Answer
When an insurance company relies on an inaccurate accident report, you have several options under Maine law to correct the record and protect your claim.
1. Obtain and Review the Official Accident Report
Under 29-A M.R.S. § 2111, you can request a copy of the accident report from the investigating law enforcement agency. Review it carefully to identify errors in date, time, location, vehicle descriptions, driver information or the narrative of events. 29-A M.R.S. § 2111.
2. Gather Evidence to Support Corrections
Collect photos taken at the scene, dash-cam or cell phone video, witness names and contact information, repair estimates and medical records. This evidence helps prove the report’s inaccuracies.
3. Request an Amendment to the Report
Contact the law enforcement agency that prepared the report. Submit a written request detailing each inaccuracy and include copies of your supporting evidence. Most agencies have an established process for amendments or addendums to police reports.
4. Notify Your Insurance Company in Writing
Send a formal letter or email to your insurer summarizing the errors and attaching the corrected report or addendum. Cite the insurer’s duty to investigate claims in good faith under Maine’s Unfair Claim Settlement Practices law, 24-A M.R.S. § 2006. Keep copies of all correspondence.
5. File a Complaint with the Maine Bureau of Insurance
If the insurer continues to rely on the inaccurate report or denies your legitimate claim, you may file a consumer complaint with the Maine Bureau of Insurance. They can investigate unfair practices under 24-A M.R.S. § 2006.
6. Consult a Personal Injury Attorney
If the dispute remains unresolved, an attorney can negotiate with the insurer, pursue alternative dispute resolution, or file a lawsuit. Early legal advice ensures you meet all procedural deadlines and preserves your rights.
Helpful Hints
- Act quickly: Many insurance policies and statutes impose strict deadlines for reporting and disputing claim information.
- Keep detailed records: Log dates, times and content of all calls and meetings with insurers and law enforcement.
- Use certified mail: Send important documents by certified mail with return receipt to create a clear record.
- Be concise and factual: Present only documented facts and avoid emotional language in your communications.
- Understand your policy: Review your insurance policy’s notice and cooperation requirements to avoid coverage disputes.