Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
Step 1: Obtain and Review the Crash Report
Start by requesting your motor vehicle crash report from the Missouri State Highway Patrol or the local law enforcement agency that filed it. Under RSMo §304.022, you have the right to a certified copy. Carefully examine every detail, including date, time, location, parties involved, and narrative descriptions. Identify any factual errors or omissions.
Step 2: Request a Correction to the Official Report
If you spot mistakes, contact the agency that prepared the report. Missouri law allows you to submit a written request and supporting evidence—such as photos or witness statements—asking for an amendment. Keep copies of all correspondence. A corrected report carries more weight when dealing with insurers.
Step 3: Gather Supporting Evidence
Compile all documents that contradict the errors. This can include:
- Photographs of your vehicle and the scene.
- Medical records or repair invoices.
- Witness contact information and signed statements.
- Expert appraisals or accident reconstruction reports.
Having clear, objective proof strengthens your position.
Step 4: Submit a Formal Dispute to Your Insurance Company
Under the Missouri Unfair Claim Settlement Practices Act (RSMo §375.936), insurers may not misrepresent facts or deny claims without a reasonable basis. Send a written dispute letter to your adjuster or the insurer’s claim office. Clearly cite the specific inaccuracies, attach your corrected report and supporting evidence, and request a reevaluation of your claim.
Step 5: File a Complaint with the Missouri Department of Insurance
If your insurer refuses to correct its reliance on an inaccurate report, you can file a complaint with the Missouri Department of Commerce & Insurance. Visit their website, complete the complaint form, and upload your dispute letter and evidence. The department oversees insurer practices and may investigate unfair denials or misrepresentations.
Step 6: Consider Small Claims Court or Hiring an Attorney
If the dispute remains unresolved and the monetary difference is within the small claims limit (see RSMo Chapter 506), you can file in small claims court. For larger or complex cases, consult a personal injury attorney. They can help draft demand letters, negotiate with insurers, or file a civil action in circuit court.
Helpful Hints
- Act promptly. Missouri statutes and policy deadlines run quickly after an accident.
- Keep a detailed file of every call, email, and letter you send or receive.
- Take clear, timestamped photos of the accident scene before any repairs.
- Obtain witness statements as soon as possible, while memories remain fresh.
- Follow up in writing after every phone conversation to confirm what was said.
- Consider hiring an independent claims adjuster if the insurer’s position remains unfair.