Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
When an insurance company relies on an inaccurate crash report, you have several options under Washington law to challenge and correct the record.
1. Obtain and Review the Official Collision Report
Under RCW 46.52.120, you have the right to request a copy of the collision report from the reporting agency, such as the Washington State Patrol. See the statute here: RCW 46.52.120.
2. Request an Amendment or Supplemental Report
RCW 46.52.070 requires officers to file written reports within four days of an accident. If you spot errors, contact the investigating officer or agency in writing and ask for a supplemental report that accurately reflects the facts: RCW 46.52.070.
3. Submit Corrective Evidence to the Insurer
Gather photos, videos, and signed witness statements that counter the incorrect details. Send these documents to your insurer with a cover letter explaining the discrepancies. Keep copies of all materials you submit.
4. Cite Unfair Claims Practices
Under Washington’s Unfair Insurance Practices Act (RCW 48.30), insurers must investigate claims honestly and promptly. Inform the insurer that relying on inaccurate information may violate RCW 48.30’s requirement for a reasonable, good-faith investigation.
5. File a Complaint with the Office of the Insurance Commissioner
If the insurer still refuses to correct or reasonably reconsider your claim, file a complaint online through the Washington Office of the Insurance Commissioner: Insurance Commissioner Complaint Portal.
6. Consider Small Claims or Civil Action
If you suffer financial losses due to the insurer’s reliance on incorrect information, you may file in small claims court (up to $10,000) or in superior court for larger damages. Present all corrected reports and supporting evidence at your hearing.
Helpful Hints
- Make correction requests as soon as possible.
- Send all communications by certified mail and keep proof of delivery.
- Use clear, concise cover letters when submitting evidence.
- Record witness statements promptly while memories are fresh.
- Review your insurance policy for notice and appeal deadlines.