Disclaimer: This article is for informational purposes and does not constitute legal advice. Please consult a qualified attorney for advice regarding your situation.
Detailed Answer
If you believe an insurance company relies on an inaccurate accident report in Rhode Island, you can take several steps to correct the record and protect your rights under Rhode Island law.
1. Obtain and Review the Accident Report
Under Rhode Island law, police must file a written accident report if the accident involves injury, death, or significant property damage (R.I. Gen. Laws § 31-26-5). Request a copy from the responding law enforcement agency or the Rhode Island Division of Motor Vehicles. Compare the report’s facts with your own notes and recollection.
2. Identify and Document Inaccuracies
Highlight any errors in time, location, vehicle positions, witness statements, or involved parties. Collect supporting evidence such as photos, videos, medical records, and witness contact details to refute incorrect entries.
3. Submit a Written Rebuttal to the Insurer
Draft a clear, itemized letter to the insurance adjuster outlining each inaccuracy and attach copies of your evidence. Reference the sections of the accident report you dispute and request written acknowledgment that your corrections will be considered in the claim evaluation.
4. Request an Amended Police Report
Contact the law enforcement agency that issued the report to learn their procedure for filing supplemental statements or corrections. Many departments allow witnesses or involved parties to submit additional documentation for attachment to the original report.
5. File a Complaint for Unfair Claims Practices
If the insurer refuses to adjust its position despite clear evidence, you may file a complaint with the Rhode Island Department of Business Regulation, Division of Insurance. Rhode Island law prohibits unfair claims settlement practices, including misrepresentation and denial of valid claims (R.I. Gen. Laws § 27-9.1-2).
6. Consider Legal Representation
Consult an attorney experienced in Rhode Island insurance or personal injury claims. A lawyer can advocate on your behalf, negotiate with the insurer, or initiate litigation if necessary to secure fair compensation.
Helpful Hints
- Keep a chronological journal of all accident-related events and communications.
- Send important correspondence by certified mail and retain delivery receipts.
- Organize all documents—photos, reports, medical bills—in a single file.
- Track deadlines in your insurance policy to avoid missing claim requirements.
- Follow up regularly with both the insurer and law enforcement to ensure timely action.