Disclaimer: This article provides general information and does not constitute legal advice. Always consult a qualified attorney about your situation.
Detailed Answer: Addressing an Inaccurate Accident Report Under New York Law
If an insurance company relies on an inaccurate accident report, you can take these steps under New York law to correct the record and protect your claim.
1. Obtain and Review the Official Accident Report
- Request the Motor Vehicle Accident Report (Form MV 6) from the DMV or the law enforcement agency. See Vehicle and Traffic Law A7600 (https://www.nysenate.gov/legislation/laws/VAT/600).
- Identify incorrect details such as date, time, location, parties, or damage descriptions.
2. Correct the Report with the DMV
- Under VTL §600(4), submit a written request to amend factual errors. Include supporting evidence (photos, witness statements, diagrams).
- Follow any DMV instructions to ensure the report reflects accurate information.
3. Gather Supporting Evidence
- Collect photos of vehicle damage, scene measurements, and road conditions.
- Obtain witness contact information and written statements.
- Keep all medical records, bills, and repair estimates to substantiate your claim.
4. Submit a Formal Reconsideration Request to Your Insurer
- Send a written letter or email to the claims adjuster detailing each inaccuracy.
- Attach the corrected report, evidence, and relevant legal citations (e.g., Insurance Law §2601: Prohibited Practices, https://www.nysenate.gov/legislation/laws/INS/2601).
- Cite 11 NYCRR 216, Unfair Claim Settlement Practices, to remind the insurer of fair handling obligations.
5. Escalate to the New York Department of Financial Services (DFS)
- If the insurer refuses to reconsider, file a complaint with DFS online at https://www.dfs.ny.gov/complaint.
- DFS enforces regulations against unfair claims practices and can investigate your insurer under 11 NYCRR 216.
6. Consider Third-Party Remedies
- If the insurer’s denial or low settlement persists, you may pursue appraisal or arbitration under your policy terms.
- You can also bring a breach-of-contract or bad-faith lawsuit in New York Supreme Court or small claims court, depending on the amount in dispute.
Helpful Hints
- Document every communication. Keep all emails, letters, and notes of phone calls.
- Send certified mail when you submit corrections or disputes to create a reliable paper trail.
- Follow up promptly after submitting evidence. Set reminders for response deadlines.
- Use clear, concise language in your letters. Highlight the exact errors and your requested corrections.
- Consult a personal injury attorney if the insurer still undervalues or denies your claim after all administrative steps.