Detailed Answer
When an insurer relies on an inaccurate accident report, Mississippi law provides several paths to correct the record and protect your claim.
1. Request a Corrected Accident Report
Under Miss. Code Ann. §63-1-59, you may ask the law enforcement agency that prepared the accident report to amend factual errors. Contact the records division, submit a written request, and attach supporting documentation such as photographs, diagrams or witness statements. If the agency agrees, it will issue an amended report reflecting the accurate facts. You can then share that report with your insurer.
2. Dispute the Report with Your Insurer
Miss. Code Ann. §83-11-3(1)(b) prohibits insurers from misrepresenting facts or policy provisions. Draft a formal dispute letter identifying each inaccuracy in the report and enclosing your evidence. Clearly ask the adjuster to re-evaluate your claim based on the corrected information. Send the letter via certified mail, return receipt requested, to establish proof of delivery.
3. File a Complaint with the Mississippi Insurance Department
If the insurer refuses to correct its reliance on the inaccurate report, file a complaint under the Unfair Claim Settlement Practices Act (Miss. Code Ann. §83-11-3) with the Mississippi Insurance Department. Visit https://www.mid.ms.gov to download the complaint form and review submission instructions. The Department can investigate and sanction insurers engaging in bad faith claims handling.
4. Pursue Legal Remedies
If administrative measures fail, consider a civil action for breach of contract or bad faith. Mississippi courts allow contract damages but limit punitive awards against insurers. You generally have three years from the date of loss to file suit on an insurance contract (Miss. Code Ann. §15-1-49). Consult a Mississippi attorney to discuss your full range of options, including mediation or litigation.
Helpful Hints
- Keep a comprehensive file of all correspondence with law enforcement and the insurer.
- Collect evidence promptly: photos, videos, medical records and witness statements.
- Send dispute letters by certified mail to create a clear paper trail.
- Verify deadlines: you typically have three years to sue on an insurance contract in Mississippi (Miss. Code Ann. §15-1-49).
- Explore mediation or appraisal if your insurance policy includes those alternative dispute resolution clauses.
Disclaimer: This article is for informational purposes and does not constitute legal advice. For guidance specific to your situation, consult a licensed Mississippi attorney.