Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Understanding Inaccurate Accident Reports in New Jersey
When you file an accident report, you trust it reflects the facts accurately. An insurer may deny or undervalue your claim if it relies on an error-ridden report. New Jersey law gives you tools to correct inaccuracies, challenge an insurer’s decision and, if needed, pursue remedies for bad faith.
Detailed Answer
1. Review and Verify the Report
Obtain a copy of the Motor Vehicle Accident Report from the police department or the New Jersey Motor Vehicle Commission (MVC). Compare the report details—date, time, location, parties involved and damage descriptions—with your records. Note every discrepancy.
2. Submit a Corrected Statement
Under N.J. Stat. § 39:4-130 (Reporting Accidents), drivers must file accurate reports. If the official report contains errors, draft a clear, written statement listing each inaccuracy and provide supporting evidence (photos, witness contact, medical records). Send this statement by certified mail to the insurer’s claims department and request that they attach your corrections to your file.
3. Request an Independent Investigation
Insurers owe a duty of good faith. Ask your insurer in writing to re-investigate the claim using neutral evaluators, such as an independent appraiser or accident reconstruction expert. This can counter an insurer’s misplaced reliance on flawed facts.
4. Invoke the Appraisal Clause
Many policies include an appraisal clause for disputes over the value of loss. Initiate this process by formally requesting appraisal in writing. Each party selects an appraiser; the two appraisers pick an umpire. This method forces resolution without litigation.
5. File a Complaint with the NJ Department of Banking & Insurance
If your insurer ignores corrections or unreasonably delays, file a complaint online with the New Jersey Department of Banking & Insurance (NJ DOBI). The department can investigate potential unfair claims practices.
6. Consider a Bad Faith Lawsuit
Under N.J. Stat. § 17:29B-4 (Unfair Claim Settlement Practices), an insurer acting in bad faith can face statutory penalties. If the insurer fails to correct reliance on an inaccurate report, consult a lawyer about filing a lawsuit for breach of the covenant of good faith and fair dealing.
Helpful Hints
- Act quickly. Insurers often set tight deadlines for reporting errors.
- Keep records. Save copies of all correspondence, certified mail receipts and expert reports.
- Use clear, concise language. List inaccuracies and attach proof in chronological order.
- Document expenses. Track repair estimates, medical bills and rental car fees to support your claim.
- Consider mediation. A neutral mediator can help you and the insurer reach a faster settlement.
- Consult a lawyer early. Even a brief call can clarify your rights and options under New Jersey law.