How to Address an Insurance Company’s Reliance on an Inaccurate Accident Report in Louisiana
Disclaimer: This article is for informational purposes only and is not legal advice. Consult a qualified attorney for advice applicable to your situation.
Detailed Answer
Understanding Your Rights Under Louisiana Law
In Louisiana, anyone involved in a motor-vehicle collision must file an accident report under Louisiana Revised Statutes
R.S. 32:398. Insurers rely on these reports when evaluating claims, but they also have a duty to investigate thoroughly and act in good faith. Under Louisiana Revised Statutes
R.S. 22:1973, an insurer must conduct a reasonable investigation before denying or underpaying a claim. Unfair or deceptive insurance practices are prohibited by R.S. 22:1892 (Unfair Trade Practices).
Step 1: Identify and Document Inaccuracies
Review the official accident report for errors in location, time, descriptions of damage or fault. Collect evidence that contradicts the report—photos of vehicle damage, scene measurements, medical records, and witness contact information.
Step 2: Request a Correction of the Accident Report
Under R.S. 32:398, you may request a supplement or amendment from the law-enforcement agency that filed the report. Submit a written statement detailing each inaccuracy and provide supporting evidence. Follow up in writing and keep copies of all communications.
Step 3: Notify the Insurance Company and Negotiate
Send a demand letter to the insurer outlining the inaccuracies and attach your evidence. Cite R.S. 22:1973 to remind the insurer of its duty to investigate and correct mistakes. Propose a resolution or request a re-evaluation of your claim.
Step 4: Formal Complaints and Legal Remedies
If the insurer refuses to correct its position, you can:
- File a complaint with the Louisiana Department of Insurance, which enforces R.S. 22:1892 against unfair practices.
- Consult an attorney and consider filing a bad-faith lawsuit under Louisiana law, seeking damages for unreasonable denial or underpayment of your claim.
- Use discovery tools in litigation—depositions, interrogatories, and expert testimony (e.g., accident reconstruction) to prove the report’s inaccuracies.
Early legal intervention often prompts insurers to address errors swiftly and may avoid protracted litigation.
Helpful Hints
- Preserve all documentation—photos, medical bills, repair estimates, and correspondence.
- Act promptly: Louisiana’s prescriptive period for tort claims is one year from the accident date (La. Civ. Code art. 3492).
- Obtain witness statements in writing and notarize when possible.
- Keep detailed notes of all phone calls and meetings with insurers or law enforcement.
- Consider hiring an independent accident-reconstruction expert early.
- Maintain a professional, factual tone in all written communications.
- Consult a licensed attorney to assess whether a bad-faith or declaratory-judgment action applies to your case.