Disclaimer: This post is for general information and does not constitute legal advice.
Detailed Answer
When an insurance company relies on an inaccurate accident report, you can take steps under Montana law to correct the record and protect your rights:
- Obtain and Review the Report: Request a copy from law enforcement or the reporting agency. Montana requires agencies to provide accident reports on request. (Mont. Code Ann. § 61-4-1303).
- Gather Supporting Evidence: Collect photos, witness statements, medical records and any dash-cam footage. Document vehicle positions, weather conditions, damage and injuries immediately after the crash.
- Submit a Dispute Letter: Write a clear letter identifying each inaccuracy and attach your evidence. Cite your rights under the Unfair Trade Practices Act. (Mont. Code Ann. § 33-18-201 prohibits misrepresenting facts to insurers.)
- File a Complaint with the State: If the insurer ignores or rejects your dispute, file a complaint with the Montana Commissioner of Securities and Insurance. This agency enforces fair claims handling under Mont. Code Ann. §§ 33-2-201 to 33-2-305.
- Consider Mediation or Appraisal: Many auto policies include appraisal or alternative dispute resolution clauses. Mediation can prompt a corrected evaluation without going to court.
- Consult an Attorney: If the insurer persists in relying on the inaccurate report, consider a bad-faith claim under Mont. Code Ann. § 33-18-208. An attorney can guide you through litigation options.
Helpful Hints
- Keep all communications in writing and date-stamp each document.
- Send your dispute letter via certified mail with return receipt.
- Maintain a chronological file of photos, receipts and medical bills.
- Watch deadlines for filing claims and agency complaints.
- Review your policy’s dispute resolution and appraisal clauses carefully.
- Follow up promptly on any responses from the insurer or state agency.