Detailed Answer
When an insurance company relies on an inaccurate accident report, Minnesota law provides steps to correct the record, protect your rights, and pursue a fair claim adjustment.
1. Review and Correct the Official Accident Report
Under Minnesota Stat. §169.09 (revisor.mn.gov/statutes/cite/169.09), law enforcement agencies prepare crash reports for collisions involving injury, death, or significant property damage. Request a copy of the report and verify all details. If you spot errors—such as the date, location, vehicle positions, or driver statements—contact the reporting agency to request an addendum or correction. Submit additional evidence, including:
- Photographs of vehicle damage, road conditions, and surrounding area.
- Diagrams showing vehicle paths or impact points.
- Signed witness statements with contact information.
2. Provide Supplementary Evidence to Your Insurer
After correcting the official report, send the updated version and supporting documents to your claims adjuster in writing. Clearly identify the inaccuracies and attach your evidence packet. Minnesota insurers must acknowledge and consider new information.
3. Invoke Minnesota’s Claim Settlement Standards
Under Minn. Stat. §72A.20 (revisor.mn.gov/statutes/cite/72A.20), insurers are prohibited from unfair claim settlement practices, including misrepresentation of policy provisions or failing to conduct a reasonable investigation. Cite this statute when disputing an insurer’s reliance on incorrect reports.
4. File a Complaint with the Minnesota Department of Commerce
If the insurer refuses to acknowledge corrected information, file a consumer complaint with the Minnesota Department of Commerce’s Insurance Division. Provide a narrative of the dispute, copies of both versions of the report, and any other evidence. The department investigates potential regulatory violations and can compel insurers to comply with state law.
5. Seek Legal Assistance
If administrative steps fail, consider consulting an attorney experienced in Minnesota insurance law. A lawyer can:
- Negotiate a revised settlement using demand letters.
- Pursue a bad faith insurance claim in court under Minnesota common law duties.
- Advise on filing a lawsuit before the statute of limitations expires.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for advice on your specific situation.
Helpful Hints
- Document all communications in writing and keep copies.
- Obtain multiple certified copies of the crash report for accuracy.
- Interview and record witness statements promptly while memories remain fresh.
- Retain receipts and records for medical treatment and vehicle repairs.
- Note that Minnesota’s statute of limitations for personal injury claims is three years from the accident date (Minn. Stat. §541.07).