Disclaimer: This article provides general information about Nebraska law. It is not legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
Under Nebraska law, if an insurance company relies on an inaccurate law enforcement accident report, you can take several steps to correct the record and protect your rights. Inaccurate reports can lead to misallocation of fault and unfair claim denials or low settlements. Below is a step-by-step process consistent with Nebraska statutes and best practices.
1. Obtain and Review the Original Accident Report
- Request a certified copy from the law enforcement agency that investigated the collision.
- Identify specific errors—vehicle positions, statements, diagram details, or witness identifications.
2. Gather Supporting Evidence
- Photographs/videos of the scene and damage, taken as soon as possible.
- Contact information for eyewitnesses and their written or recorded statements.
- An independent accident reconstruction report, if needed, prepared by a qualified engineer.
3. Request Correction of the Public Record
Under the Nebraska Public Records Statutes, you can request an amendment of inaccurate information:
- Neb. Rev. Stat. 84-712.05 allows individuals to seek correction of public records that are inaccurate or misleading. 84-712.05
- Submit a written request to the agency explaining each inaccuracy and provide supporting documentation.
- If the agency denies your request, ask for a written explanation of the denial.
4. Notify the Insurance Company in Writing
- Send a demand letter or supplemental claim stating the specific report errors and enclosing corrected evidence.
- Reference Nebraska
insurer unfair claim practices under Neb. Rev. Stat. 44-1528. 44-1528 - Ask the insurer to re-evaluate your claim and adjust fault or damages accordingly.
5. File a Complaint with the Nebraska Department of Insurance
- If the insurer refuses to consider your corrections, you can file a complaint with the Director of Insurance. The director has authority to investigate unfair claim settlement practices under Neb. Rev. Stat. 44-1502. 44-1502
- Submit copies of correspondence, the original and corrected reports, and any expert opinions.
6. Consider Legal Action
If administrative remedies fail, you may pursue a civil action for breach of the insurance contract or bad faith. A lawsuit can compel the insurer to honor its duty of good faith and fair dealing.
Helpful Hints
- Act quickly: evidence degrades over time, and statutes of limitation apply.
- Keep detailed records of all communications with law enforcement and the insurer.
- Use certified mail or another trackable method when sending documents.
- Consult an attorney before filing suit to ensure you meet all procedural requirements.
- Maintain professionalism and clarity in all written requests and communications.