Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Virginia to discuss your specific situation.
Detailed Answer
When an insurance company relies on an inaccurate accident report, you can take several steps under Virginia law to challenge and correct the record. Follow these measures to protect your rights and maximize the value of your claim.
1. Obtain and Review the Report
Request a copy of the accident report from the law enforcement agency. Under Va. Code § 2.2-3704, you have a right to public records held by state and local agencies (Va. Code § 2.2-3704). Read the report carefully and note any errors in vehicle descriptions, party statements, or damage assessments.
2. Gather Supporting Evidence
Collect photos, videos, witness contact information, and medical records that demonstrate the correct facts. Save repair estimates and receipts. This evidence helps contradict the insurer’s reliance on wrong data.
3. Submit a Correction Letter to the Insurer
Draft a clear, dated letter to the insurer’s claims adjuster. Identify each inaccuracy and attach supporting proof. Cite Va. Code § 38.2-2206, which prohibits misrepresentation in claim handling (Va. Code § 38.2-2206). Request that the insurer amend its file and reassess your claim.
4. File a Complaint with the Virginia Bureau of Insurance
If the insurer ignores your corrections, submit a formal complaint to the Virginia Bureau of Insurance. They investigate unfair settlement practices and enforce compliance. File online or by mail at the Insurance Consumer Center.
5. Consider Mediation or Appraisal
Many policies include appraisal or mediation clauses. This process lets a neutral third party or umpire review the facts and decide on value. It can be faster and less expensive than litigation.
6. Explore Legal Action
If the insurer still denies or undervalues your claim, you may file suit in Virginia’s General District or Circuit Court. Under Va. Code § 8.01-581.1, you could recover attorney’s fees and court costs if you prove bad-faith handling of your claim. An attorney can draft pleadings and guide you through discovery to obtain internal insurer documents.
Helpful Hints
- Keep detailed notes of all communications with the insurer, including dates, times, and names.
- Send all correspondence via certified mail with return receipt to confirm delivery.
- Obtain witness statements in writing soon after the accident to preserve accuracy.
- Review your policy’s appraisal and dispute-resolution clauses before filing a lawsuit.
- Act promptly: Virginia’s statute of limitations for property damage claims is five years (Va. Code § 8.01-246).