How to Correct an Inaccurate Accident Report When Dealing with an Insurer in Alabama

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.

Detailed Answer

1. Obtain and Review the Official Report

First, request a complete copy of the crash report from the law enforcement agency that investigated the accident (city police, county sheriff, or Alabama Department of Public Safety). Under Ala. Code § 32-5A-185 (Code of Ala. 1975), you have the right to inspect and receive a copy of any official report.

2. Identify Inaccuracies and Gather Evidence

Compare the insurer’s version of events with the official report. Note errors in vehicle positions, witness statements, or contributing factors. Collect supporting evidence such as photographs, video recordings, medical records, and sworn witness statements to demonstrate the correct facts.

3. Request a Supplemental or Amended Report

If the law enforcement report contains mistakes, file a written request for a supplement or amendment with the investigating agency. Refer to Ala. Code § 32-5A-186, which allows the addition of supplemental information when new facts emerge. Deliver your request by certified mail and include copies of your evidence.

4. Present Corrections to the Insurance Adjuster

Supply the insurer with the corrected report or supplement, along with your supporting documentation. Remind the adjuster of the insurer’s duty under Ala. Code § 27-12-29 (Unfair Claims Practices) to conduct a fair investigation. Keep detailed notes of all communications, dates, and names.

5. File a Complaint with the Alabama Department of Insurance

If the insurer continues to rely on the inaccurate report, you can lodge a formal complaint under Ala. Code § 27-2A-3. Contact the Department of Insurance online at www.aldoi.gov/complaints.aspx or call (334) 241-4141. The Department can investigate unfair claim-handling practices.

6. Consider Legal Action for Bad Faith

Insurers owe a duty of good faith and fair dealing under Alabama law. If an insurer denies or undervalues your claim based on a wrong report, you may have a bad-faith claim. Under Ala. Code § 6-5-548, a court can award extra-contractual and punitive damages for bad faith. Consult an attorney if you believe the insurer is acting improperly.

By following these steps—obtaining and updating the report, supplying evidence, leveraging administrative remedies and, if necessary, pursuing legal action—you can counter an insurer’s reliance on incorrect accident information.

Helpful Hints

• Act quickly: Most law enforcement agencies have time limits for supplements.
• Keep originals: Always retain the original crash report and all correspondence.
• Use certified mail: This creates a clear record of your submissions.
• Maintain a file: Track all phone calls, emails, and letters to the insurer.
• Seek free resources: The Alabama Law Help website and local legal aid offices can offer guidance.