Detailed Answer: Addressing an Insurance Company’s Reliance on an Inaccurate Accident Report in Tennessee
When an insurer bases its decision on a police report that contains errors, Tennessee law provides several avenues to challenge that reliance and ensure your claim is evaluated fairly.
Step 1: Gather and Submit Corrective Evidence
Obtain your copy of the accident report and compare it with the insurer’s version. Assemble evidence—photographs from the scene, witness statements, medical records—that contradict the inaccuracies. Submit a written supplement or “Proof of Loss” to the insurer detailing the correct facts and enclosing your evidence.
Step 2: Request an Amendment from Law Enforcement
Contact the responding law enforcement agency (for example, the Tennessee Highway Patrol or your local police department) and inquire about their procedure for amending crash reports. Some departments allow corrections or addenda when new facts emerge. Even an officer’s written addendum can help clarify discrepancies for the insurer.
Step 3: Cite Tennessee’s Unfair Claims Settlement Practices Act
Under Tenn. Code Ann. § 56-7-105, insurers must conduct a reasonable investigation and may not misrepresent facts or policy provisions. Tenn. Code Ann. § 56-7-105 prohibits reliance on inaccurate evidence without proper inquiry. If the insurer continues to use the flawed report, send a written notice identifying the statutory violation and demand a fair re-evaluation.
Step 4: File a Complaint with the Tennessee Department of Commerce & Insurance
If the insurer persists in relying on the inaccurate report, submit a formal complaint to the Tennessee Department of Commerce & Insurance (TDCI) at https://www.tn.gov/commerce/insurance.html. The TDCI investigates alleged unfair claim practices and can require the insurer to review your claim on the correct facts.
Step 5: Consider Legal Action
If the insurer’s refusal to correct the record results in an unfair denial or undervaluation of your claim, you may have a cause of action for breach of contract and statutory bad faith. Consult a Tennessee-licensed attorney experienced in insurance litigation to discuss filing a lawsuit in civil court.
Disclaimer: This article is for educational purposes only and does not provide legal advice or create an attorney-client relationship.
Helpful Hints
- Document all communications, noting dates, names, and subject details.
- Send dispute letters via certified mail with return receipt.
- Gather independent proof—dated photos, video, and witness affidavits.
- Observe policy deadlines for submitting supplemental evidence.
- Request written confirmation from the insurer when they receive your corrections.
- Review your policy’s appraisal or mediation clauses before considering litigation.