Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When you file an insurance claim after a car crash in Connecticut, the insurer often reviews the police accident report. If that report contains mistakes, the insurer may rely on incorrect information to deny or undervalue your claim. Under Connecticut law, insurers must conduct a reasonable investigation and act in good faith. Pursuant to Connecticut General Statutes §38a-816(a)(6)(A), an insurer cannot refuse to pay a claim without a reasonable basis or fail to properly investigate CGS §38a-816.
Follow these steps to challenge errors in an accident report:
- Obtain the Report and Evidence: Request a copy of the police report from the responding agency or the Connecticut Department of Motor Vehicles. Collect photos of the scene, damage, and any traffic signals or road markers.
- Gather Witness Statements: Ask bystanders or passengers for written or recorded statements detailing what they saw. These accounts can contradict incorrect entries in the report.
- Write a Dispute Letter: Draft a clear letter to your insurance adjuster describing each inaccuracy. Cite the correct facts and attach supporting evidence. Send the letter via certified mail to create a record of your dispute.
- Request a Supplemental Report: Submit new evidence to the police department to amend the report. While not guaranteed, some departments allow corrections if you provide credible proof.
- Escalate Within the Insurer: If the adjuster refuses to update the claim, ask to speak with a supervisor or the insurer’s internal claims review unit. Highlight the insurer’s obligations under CGS §38a-816.
- File a Complaint with the Connecticut Insurance Department: You can report unfair settlement practices online at the Connecticut Insurance Department’s Market Conduct portal. While this process can take time, it lets regulators monitor bad-faith patterns.
- Consider Legal Action: If the insurer persists in relying on the flawed report, you may pursue a bad-faith insurance claim under CGS §38a-816. Consult a Connecticut attorney experienced in insurance disputes to evaluate your case.
Helpful Hints
- Keep detailed records of all calls, emails, and letters with your insurer.
- Take timestamped photos or videos at the crash scene before you move vehicles.
- Ask witnesses to sign and date their statements to strengthen credibility.
- Follow up in writing whenever you discuss the dispute by phone.
- Check the Connecticut Insurance Department website for updates on complaint procedures.
- Act quickly: evidence and witness memories fade over time.