Detailed Answer
This overview explains steps you can take if an insurance company relies on an incorrect accident report. It draws on Wyoming law and procedures. This is for educational purposes only and not legal advice.
- Obtain the Official Accident Report
Request a certified copy of the accident report from the law enforcement agency that prepared it. Under Wyo. Stat. § 31-5-301, drivers must file a report after crashes involving injury or significant property damage. - Gather Corrective Evidence
Collect photographs, video, skid-mark measurements and witness statements. Clear, time-stamped photos of vehicle positions and damage can directly contradict errors in the original report. - Request a Report Amendment
Write to the law enforcement agency explaining inaccuracies and attach your evidence. Many departments will prepare an addendum or supplemental report to correct factual mistakes. Keep copies of all correspondence. - Dispute the Report with Your Insurer
Send a written dispute to the insurance adjuster referencing the amended report or your evidence. Cite Wyoming’s Unfair Claim Settlement Practices Act, which prohibits “misrepresentation” and “unfair claim settlement practices” (Wyo. Stat. § 26-13-101). Demand a full review of the file. - File a Complaint with the Wyoming Department of Insurance
If the insurer denies or ignores your dispute, submit a complaint online or by mail to the Wyoming Department of Insurance. The department may investigate under Wyo. Stat. § 26-3-201. An administrative inquiry can pressure the insurer to correct its position. - Consider Formal Legal Action
If administrative remedies fail, you may pursue a bad faith or breach of contract lawsuit in Wyoming district court. Courts can award contractual benefits plus potential attorney fees if the insurer violated state law or policy terms.
Statute Sources:
• Wyo. Stat. § 31-5-301 (Accident reports)
• Wyo. Stat. § 26-13-101 (Unfair claims practices)
• Wyo. Stat. § 26-3-201 (Insurance Department investigations)
Helpful Hints
- Photograph the scene immediately—memories fade and weather can erase evidence.
- Identify and record witness names and contact details at the scene.
- Keep a dated file of all communications with police and the insurer.
- Use certified mail or email with read receipts when disputing the report.
- Review your insurance policy for notice deadlines to avoid forfeiting coverage.
- Consult a Wyoming attorney if you face complex coverage issues or litigation.