Detailed Answer
Disclaimer: This is for educational purposes only and is not legal advice.
Under Maryland law, insurers must investigate and process claims in good faith. If your insurance company relies on an inaccurate accident report to deny or undervalue your claim, you can take the following steps to correct the record and push for a fair outcome.
- Review Your Policy and Reports
Read your insurance policy carefully. Identify key deadlines and definitions. Obtain a copy of the accident report from the police department or Maryland Motor Vehicle Administration. Compare the facts in the report to your own recollection and evidence. - Gather and Preserve Evidence
Collect photographs, video clips, medical records, repair estimates, and witness statements. Create a chronology of events and label each item clearly. Proper documentation strengthens your position when disputing errors. - Send a Written Dispute Letter
Draft a concise letter to your adjuster listing each inaccuracy and attach corrected documents. Reference Md. Ins. Code Ann. § 27-303, which prohibits unfair claim settlement practices: § 27-303. Request a prompt re-evaluation in writing, and send via certified mail with return receipt. - File a Complaint with the Maryland Insurance Administration
If the insurer ignores your dispute, file a complaint under Md. Ins. Code Ann. § 2-113: § 2-113. Use the online complaint form at the Maryland Insurance Administration website: Consumer Complaint Form. The MIA investigates misrepresentations and unfair claim practices. - Invoke the Appraisal or Mediation Clause
Many policies include an appraisal or alternative dispute resolution process. Review your policy’s appraisal section and demand an appraiser if you and your insurer cannot agree on damages. This independent process can lead to a binding valuation. - Consider Legal Representation
If the dispute persists, consult a Maryland attorney experienced in insurance litigation. An attorney can advise you on filing a lawsuit for breach of contract or bad faith, referencing Md. Ins. Code Ann. § 27-406 on misrepresentations: § 27-406. A lawsuit may recover the full value of your claim plus costs and interest.
Helpful Hints
- Keep copies of all correspondence and evidence.
- Send dispute letters via certified mail and track delivery.
- Note all phone calls: date, time, person, and summary.
- Obtain signed witness affidavits early, when memories are fresh.
- Watch complaint deadlines: file with MIA promptly to avoid time bars.