Disclaimer: This is not legal advice. Consult a licensed attorney for guidance.
Detailed Answer
When an insurance company relies on an inaccurate accident report in Indiana, you can take the following steps to correct the record and protect your interests.
1. Obtain and Review the Police or DMV Accident Report
Request a certified copy of the accident report from the law enforcement agency or the Indiana Bureau of Motor Vehicles (BMV). Confirm the factual errors, such as misidentified vehicles, incorrect dates, or misassigned fault. Under Ind. Code § 9-26-2-2, drivers must notify law enforcement of accidents; you have the right to review the report.
2. Gather Supporting Evidence
Collect photos, videos, witness statements, medical records, repair estimates, and any other documentation that contradicts the inaccuracies. Organized evidence helps you build a clear narrative.
3. Request a Report Amendment
Indiana law allows you to request a supplemental or corrected report. Contact the issuing law enforcement agency, explain the inaccuracies, and submit your supporting evidence. Agencies may update the report or attach your corrections as an addendum.
4. Notify the Insurance Company Formally
Send a written dispute letter to the insurer’s claims adjuster. Include a clear description of each error, copies of your evidence, and a request to reconsider the claim evaluation. Cite Ind. Code § 27-4-1-5, which prohibits unfair claim settlement practices.
5. File a Complaint with the Indiana Department of Insurance
If the insurer refuses to correct its decision, file a complaint online with the Indiana Department of Insurance at https://www.in.gov/idoi/consumers/file-a-complaint/. The department has authority under Ind. Code § 27-1-5 to investigate unfair claim handling.
6. Consider Mediation or Appraisal
Review your policy’s appraisal or dispute resolution clauses. Mediation can provide a neutral forum to settle factual disputes without litigation.
7. Explore Legal Remedies
If the insurer’s reliance on an inaccurate report causes you financial harm, you may have grounds for a bad-faith claim under Ind. Code § 27-4-1-5. Consult a qualified attorney to assess the viability of a lawsuit and potential damages.
Helpful Hints
- Act quickly: Indiana’s statute of limitations for property damage is two years (Ind. Code § 34-11-2-4).
- Keep detailed records of all communications, dates, and contacts.
- Send letters via certified mail with return receipt to prove delivery.
- Maintain polite but firm communication with insurers and law enforcement.
- Consider hiring an accident reconstruction expert if fault is contested.
- Review your insurance policy for specific dispute resolution procedures.