Disclaimer: This article is for educational purposes only and is not legal advice.
Detailed Answer
If an insurance company relies on an inaccurate accident report, you can challenge that reliance by following these steps under Massachusetts law:
- Obtain and Review the Report: Request a certified copy of the official police accident report. Review the report to identify specific inaccuracies.
- Gather Supporting Evidence: Collect photos of the scene, witness statements, video footage, repair estimates, and medical records that contradict the report.
- Contact the Police Department: Submit a written request to the reporting officer or department to amend factual errors. Provide affidavits or evidence supporting the corrections.
- Notify Your Insurer in Writing: Send a detailed letter to the claims adjuster outlining each inaccuracy. Include copies of your supporting evidence. Keep proof of mailing and delivery.
- Invoke Unfair Settlement Practices Protections: If the insurer refuses to correct or continues to rely on the flawed report, you may file a complaint under Massachusetts General Laws chapter 175, section 113B (M.G.L. c.175 §113B), which prohibits unfair claim settlement practices.
- Consider a Chapter 93A Demand: Under M.G.L. c.93A, you can send a written demand for relief for unfair or deceptive acts. If the insurer fails to settle, you may sue for damages and attorney’s fees.
- File a Complaint with the Division of Insurance: You can also lodge a complaint with the Massachusetts Division of Insurance (mass.gov/orgs/division-of-insurance), which oversees insurer compliance.
- Consult an Attorney: If these steps do not resolve the issue, consider consulting a qualified attorney experienced in Massachusetts insurance claims to protect your rights.
Helpful Hints
- Keep all communications in writing and keep copies of emails, letters, and delivery receipts.
- Document the timeline of events, including dates you requested report amendments or sent evidence.
- Ask for a written explanation if the insurer denies your correction request.
- Review your insurance policy to understand your coverage and obligations.
- Act promptly—statutes of limitations and internal deadlines can bar your remedies.