Detailed Answer
When an insurance company relies on an inaccurate accident report, you can take several steps under New Mexico law to correct the record and protect your rights. First, obtain a certified copy of the police or motor vehicle accident report through the law enforcement agency that investigated your crash. Pursuant to NMSA 1978, Section 66-5-26, every driver involved in an accident must file a written report with the Motor Vehicle Division, and you have a right to access this document. (NMSA 1978, Section 66-5-26.)
Next, review the report carefully and note any errors—such as incorrect vehicle positions, time of day, or driver statements. New Mexico law allows you to prepare and submit a signed affidavit or a supplemental statement correcting inaccuracies. While there’s no specific NM statute detailing the procedure for amending a police report, you can:
- Contact the investigating officer or agency in writing to request a correction or addendum.
- File your own written statement with the Motor Vehicle Division to accompany the original report.
After you prepare your supplemental statement, send it to the insurance adjuster along with supporting evidence—photos, video recordings, witness affidavits, repair estimates, and medical records. Emphasize that any reliance on the uncorrected report may violate the insurer’s duty of good faith under the New Mexico Unfair Insurance Practices Act. See NMSA 1978, Section 59A-16-20 (Unfair Property and Casualty Insurance Practices).
If the insurer refuses to consider your corrections or continues to rely on the faulty report, file a complaint with the New Mexico Office of Superintendent of Insurance (OSI). The OSI regulates claims handling practices and can investigate unfair claims settlement tactics. You can also consider independent accident reconstruction or expert opinions to bolster your position.
Finally, if the dispute persists, consult a qualified personal injury attorney experienced in New Mexico tort law. An attorney can negotiate with the insurer, advise on potential bad-faith insurance claims, and represent you in litigation if necessary.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. You should consult a licensed attorney for advice regarding your specific situation.
Helpful Hints
- Obtain and review the complete accident report as soon as possible.
- Document all errors clearly and prepare a concise supplemental statement.
- Collect supporting evidence: photos, videos, medical records, and witness contact information.
- Send corrections and evidence via certified mail and keep all delivery receipts.
- Reference the Unfair Insurance Practices Act to remind insurers of their duty of good faith (NMSA 1978, Section 59A-16-20).
- Consider filing a complaint with the New Mexico Office of Superintendent of Insurance.
- Consult a New Mexico personal injury attorney if negotiations stall or you suspect bad faith.