Detailed Answer
Under West Virginia law, insurers must investigate claims fairly and accurately. If an insurance company relies on an inaccurate accident report, you can challenge that reliance at several stages. Below is a step-by-step guide based on key West Virginia statutes and administrative processes.
1. Review the Accident Report Thoroughly
Request a full copy of the accident report from the law enforcement agency that prepared it. Examine every detail—date, time, location, statements attributed to you or other drivers, and any diagram or narrative. Identify specific errors or omissions.
2. Gather Supporting Evidence
- Collect photographs or video from the scene showing vehicle positions, road conditions, and damages.
- Secure witness contact information and signed statements if they dispute the report’s facts.
- Get estimates or appraisals from mechanics, collision repair shops, or accident reconstruction experts.
3. Submit a Formal Dispute to the Insurer
Write a clear letter or email to the claims adjuster. Quote the specific report sections that contain errors. Attach your evidence and explain why the report is inaccurate. Under West Virginia’s Unfair Claim Settlement Practices Act (W. Va. Code §33-6-35), an insurer may not misrepresent facts or policy provisions in settling claims:
This notice triggers the insurer’s duty to reinvestigate and correct its evaluation.
4. File a Complaint with the Insurance Commissioner
If your dispute does not resolve the issue, file a complaint with the West Virginia Offices of the Insurance Commissioner. The Commissioner’s office oversees insurer conduct and enforces compliance with unfair practices statutes. You can submit forms online:
West Virginia Offices of the Insurance Commissioner
5. Consider Legal Action for Bad Faith
When an insurer unreasonably denies or undervalues a claim based on false information, you may have a cause of action for breach of the implied covenant of good faith and fair dealing. Although West Virginia law does not list a specific “bad faith” statute, courts recognize extra-contractual claims when carriers act in bad faith. Consult an attorney promptly to evaluate your options and potential damages.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a licensed attorney about your specific situation.
Helpful Hints
- Keep copies of all correspondence with the insurer.
- Note deadlines for responding to claim denials under your policy.
- Use certified mail or another trackable method for formal disputes.
- Request a written explanation of the insurer’s decision if they still rely on the inaccurate report.
- Speak with a West Virginia attorney if you plan to file a bad-faith lawsuit.