Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
In Michigan, if an insurance company relies on an inaccurate accident report, you can take specific steps to correct the record and protect your claim under the Michigan No-Fault Act.
1. Obtain and Review the Official Accident Report
Under MCL 257.626, law enforcement must file a crash report for accidents involving injury or significant property damage. Request a copy from the responding agency or submit a FOIA request (Michigan FOIA procedure).
2. Identify Inaccuracies and Collect Evidence
Compare the report to your photos, videos, medical records, and witness statements. Note errors such as the wrong date, location details, or mischaracterized events.
3. Request a Correction from the Reporting Agency
Most police departments and the Michigan State Police (MSP) allow you to submit a written request to amend errors. Include the original report, your corrections, and supporting evidence. Agencies typically review and either correct or annotate the report.
4. Submit the Amended Report to Your Insurer
Send the corrected report and all supporting documents to your insurance adjuster. Under Michigan’s No-Fault Act (MCL 500.3101 et seq.), insurers must handle claims fairly and conduct a thorough investigation. If the insurer continues to rely on the original report, send a formal written dispute by certified mail.
5. File a Complaint with State Regulators
If your insurer refuses to reconsider, file a complaint with the Michigan Department of Insurance and Financial Services (DIFS). Provide your policy number, claim details, and copies of all relevant documents.
6. Explore Legal Remedies
If administrative steps fail, you may pursue a breach of contract or bad-faith insurance claim in Michigan’s small claims court (up to $6,500) or circuit court (over $25,000). Consult a qualified attorney to evaluate your case.
Helpful Hints
- Request the accident report as soon as possible to avoid deadlines.
- Gather and preserve witness statements promptly.
- Document every communication with the insurer in writing.
- Send correction requests and disputes via certified mail and keep proof of delivery.
- Keep organized copies of all evidence, correspondence, and medical records.
- Review Michigan’s PIP claim deadlines under MCL 500.3142 to ensure timely submission.